28 detained officers finally arraigned
Detained ex-Marine commandant Maj. Gen. Renato Miranda along with 27 other Marine and Scout Ranger officers led by former Scout Ranger chief, Brig. Gen. Danilo Lim were finally arraigned yesterday but only for mutiny charges filed against them by the military leadership.
And instead of entering any plea, all the accused, through their civilian counsels opted to move for a special plea and asked the court for 15 to 20 days to submit their pleadings.
The defense said they are moving for a special plea on grounds that charges against their clients, do not constitute a punishable act or even an offense.
Querubin’s lawyer Rodrigo Artuz, questioned the legality of the creation of a special general court martial, arguing that this was created without legal basis in law and they have pending petition questioning this matter before the Supreme Court.
Miranda, Lim and the rest of the 26 accused that include Marine Cols. Ariel Querubin, Januario Caringal, Orlando de Leon; Marine Lt. Cols. Achilles Segumalian, Armando Banez, Custodio Parcon; Army Lt. Cols. Nestor Flordeliza, Edmundo Malabanjot, are facing charges for violating Articles of War No. 67 or attempting to create or begin, excite, cause or join a mutiny.
The group have been ordered detained and charged by outgoing Armed Forces of the
All the officers, when called one by one in the middle of the courtroom stood in attention one by one, except for Querubin and Segumalian.
Querubin was ordered by the court to listen to the charges against him sitting down because he has been suffering various ailments.
Segumalian, on the other hand, personally asked to allow him to sit down while the charges are being read against him, saying that he is suffering from extreme anxiety because of his continued detention.
Segumalian’s action broke some sort of tension prevailing inside the military courtroom with the six-man panel chaired by Lt. Gen. Leo Jogy Fojas granting his request.
Aside from the mutiny charges, Miranda et al, are also facing charges in violations of Articles of War No. 65 or willfully disobeying superior officers; AW No. 96 and AW No. 97 or respectively known as conduct unbecoming of an officer and gentleman and conduct prejudicial to good order and military discipline.
Following the arraignment for mutiny charges, the prosecution tried to go on with the proceedings by having the 28 accused arraigned for the remaining charges but were blocked by the defense led by lawyer Vicente Verdadero.
Verdadero argued before the court that the second phase of the arraignment is without basis since these cases have already prescribed under the two-year prescription period.
Under the rules of the Manual of General Courts an accused, except for mutiny, should be arraigned within two years upon the commission of the crime. Failure to do so, will result to automatic acquittal.
The accused, Verdadero reminded the court have been detained for more than two years without being arraigned.
With this, Fojas declared a recess to give them time to resolve the issue.
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