Military prosecutors want cases vs 11 soldiers reopened

MANILA, Philippines - Military prosecutors in the three-year-old mutiny case against 28 Marine and Scout Rangers are appealing for the reopening of the case against 11 soldiers who had already been cleared.

In a three-page motion dated Oct.21 filed with the General Court Martial, chief military prosecutor Col. Feliciano Loy said the case should be reopened because they have more evidence to present to the court against the 11 cleared officers.

The seven-man military tribunal led by Maj.Gen. Leo Joggy Fojas unanimously approved the acquittal of 11 of the 28 accused officers last Thursday.

Cleared and ordered released from detention were Col. Januario Caringal and Maj. Francisco Domingo Fernandez of the Marines, Lt. Cols. Edmundo Malabanjot and Nestor Flordeliza; Capts. Ruben Guinolbay, Frederick Sales, Allan Aurino and Ervin Divinagracia; 1Lts. Jason Cordero, Sandro Sereno, and Richiemel Caballes, all from the Scout Rangers.

Defense lawyer Trixie Angeles questioned Loy’s motion to reopen the case.

“Mutiny is a criminal offense and is punishable by musketry. And you cannot re-try those who were already cleared because the offense being attributed to them is criminal in nature and therefore is covered by the double jeopardy clause,” Angeles said.

Loy’s motion will be heard on Tuesday when the military trial resumes for the remaining 17 officers led by former Marine commandant retired Maj. Gen. Renato Miranda, ex-Scout Ranger Commander Brig. Gen. Danilo Lim and Marine Col. Ariel Querubin.

The officers were accused of mutiny and sedition for their alleged participation in the attempt to overthrow the government in February 2006.

Magdalo to bare election choices

The Magdalo group said it has finished its nationwide consultation and will announce today its choice for next president.

Magdalo national spokesman Francisco Ashley Acedillo said the group will make the announcement at its national convention at the University Hotel in UP Diliman, Quezon City.

Magdalo, which began as a group of military officers seeking reforms in the Arroyo administration, launched an unsuccessful mutiny in July 2003 by taking over the Oakwood Premier Hotel in Makati City. Former Navy officer now Sen. Antonio Trillanes IV led the coup, for which he was arrested and is now on trial.

Magdalo said it has opened its membership to volunteers from the civilian sector and now advocates good governance and social justice.

“The decision to support the chosen candidate came as a result of our extensive consultations with party members,” Trillanes said in a statement.

“The next president should be capable of standing up for our countrymen to promote their interests and protect their rights. He should be a reformist determined to institute the needed change in our country, especially in government,” Trillanes said.

Acedillo said other highlights of the convention are the group’s endorsement of the Senate candidacies of Army Brig. Gen. Danny Lim and Marine Col. Ariel Querubin.

The group will also officially announce the fielding of Navy Lt. Senior Grade James Layug and Army Capt. Dante Langkit as its congressional bets for Taguig City and Kalinga province, respectively. 

Marine Capt. Gary Alejano will run for mayor of Sipalay City in Negros Occidental while Acedillo will take a shot at a congressional seat in Cebu City.

Magdalo’s petition for accreditation as a political party is still pending with the Commission on Elections (Comelec).

“The Comelec Second Division has already heard the petition for registration of the group and is expected to come up with a decision in the coming weeks,” Trillanes said.                 – With Reinir Padua