Court of Appeals junks petition to release PAF officer

MANILA, Philippines - The Court of Appeals (CA) has junked a petition seeking the release of a Philippine Air Force officer detained and charged for uploading a video to a website detailing massive corruption among PAF officials.

In a 22-page decision penned by Associate Justice Franchito Diamante, the special former ninth division of the appellate court ruled that Air Force Capt. Joenel Pogoy is no longer entitled to privileges under writs of amparo, habeas corpus and habeas data since formal charges have already been filed against him before the court-martial.

The CA said petitioner, Pogoy’s wife Ma. Cristina, failed to prove that the continued detention of her husband violates the latter’s right to life, liberty and security.

“Definitely, the charges against Pogoy are not relating to minor offenses as the videos he is suspected to have uploaded in the Internet, by their very nature or tenor, bring discredit upon the Philippine military. Hence, they are serious charges that, to the mind of this Court, justify his continuous detention in the military base,” the ruling explained.

Pogoy is currently detained at the Custodial Center in Villamor Airbase while awaiting trial of the charges filed against him which include violation of Articles of War 96 (conduct unbecoming an officer and gentleman) and 97 (disorder and neglect prejudicial to good order and military discipline) and Article 64 (disrespect toward a superior officer).

Investigation conducted by the PAF showed that Pogoy uploaded two amateur videos in the popular website www.youtube.com accusing PAF generals and President Arroyo of graft and corruption and calls on the viewers to join the move to oust Arroyo from office, and for her to call a snap election.

In the same presentation, Pogoy also showed footage of the illegal cannibalization of PAF aircraft allegedly done with approval of PAF officials.

Pogoy admitted being the author of the videos, but denied uploading them on the Internet in October 2008.

Instead, he accused his girlfriend, Marichu Claro, of uploading the videos after a squabble with her.

When subjected to investigation, Claro admitted to uploading the videos in the Internet after being challenged by Pogoy to do so.

Claro also denied Pogoy’s claim that the videos were posted for educational purposes as these were made as part of a plot to oust Mrs. Arroyo.

In upholding the continued detention of Pogoy, the CA took consideration of a “supervening event” that bolsters the decision of the PAF to place Pogoy in confinement pending trial of the cases against him.

The CA was referring to the second uploading of the same video presentation between December 2008 and early January 2009 while Pogoy was already under military custody.

Since Claro denied uploading the videos the second time, the CA said it is only proper for the PAF to further investigate whether there are other persons in possession of the videos.

“By the totality of evidence, including the lessons learned by the higher echelon of Philippine military in the so-called ‘Oakwood mutiny’ and other military upheavals in the country, the Court is of the opinion that the second uploading of the Pogoy videos in the Internet should be considered a supervening event and a sufficient ground for Pogoy’s superiors to order his continued confinement lest he, through his videos, or his supporters, might lead to another siege that would cause disturbance and loss of confidence in the present administration,” the appellate court stressed.

The CA also noted that Pogoy’s continued detention pending his trial is not a form of punishment but to ensure his presence during court-martial proceedings on his case.

However, the CA directed PAF chief Lt. Gen. Oscar Rabena to immediately hear and resolve the cases filed against the accused.

Prior to his arrest on Oct. 8, 2008, Pogoy, a graduate of the Philippine Military Academy Class 1999, was assigned as Nomad aircraft pilot with the 220th Airlift Wing in Mactan Air Base, Lapu-Lapu City, Cebu.