Detained officers defy military court

CAMP CAPINPIN, Tanay, Rizal – Military police guards refused to take action yesterday when former Marine commandant Maj. Gen. Renato Miranda and 27 other detained Marine and Scout Ranger officers defied a court-martial order for them to stand up while one of the court’s members was taking his oath.

Miranda and his co-accused remained seated despite an order of Maj. Gen. Joggy Leo Fojas, General Court Martial president, for them to stand up while Air Force Brig. Gen. Rolando Capacia was being sworn in by a military prosecutor.

Lt. Gen. Feliciano Loy, a court member, simply motioned the court to put on record the infractions committed by the accused officers.

Right after the oath-taking, Fojas ordered a five-minute break to ease tension inside the courtroom.

The 28 military officers are challenging the legality of the court-martial constituted by Armed Forces chief Gen. Hermogenes Esperon Jr. to try them for allegedly leading a failed military uprising.

In questioning Esperon’s refusal to sign the pre-trial advice used as basis for filing charges against them, the 28 military officers said they refused to abide by the proceedings because they cannot follow illegal orders.

“Is refusal to follow an illegal order a breach of military discipline?” Miranda’s group asked. “You don’t even have the guts to sign your PTA and now you say we breached the limits of discipline?”

However, Esperon said the action of the 28 military officers is another breach of military discipline.

In reply, Miranda said the real breach in military discipline was committed by military officers accused of rigging the 2004 presidential elections.

“Mister Esperon, your so-called ‘breach of discipline’ started in 2004,” read the group’s manifesto.

“Only an undisciplined officer would allow himself to be used for cheating. An undisciplined officer disregards the Constitution and subverts the will of the people.”

Miranda and his group also hit at Army chief Lt. Gen. Alexander Yano for ordering the dishonorable discharge of 26 Scout Rangers.

“Funny, but an Army general with a moist eye for your position even went to the extent of calling those 26 dismissed Rangers as mercenaries to parrot your line,” read the group’s manifesto.

“Wasn’t he referring to you, in fact?”

The civilian lawyers of the accused military officers manifested their opposition to the oath-taking of members of the court- martial and the legality of the proceedings.

The court has been illegally constituted as one of the accused was not allowed to exercise his right to peremptory challenge, according to the lawyers.

1Lt. Homer Estolas, who was raising his hand, simply stood up and walked towards the microphone to inform the court that he has yet to exercise his inherent right to peremptory challenge after the court refused to  acknowledge him.

“I have not exercised my right to peremptory challenge,” Estolas said when asked by his lawyer Vicente Verdadero if he was called to exercise this right in the last hearing.    – Jaime Laude