by Victor Reyes

THE chief prosecutor in the court martial of 28 military officers implicated in the supposed plan to overthrow the Arroyo government in February 2006 yesterday said he has recommended to AFP chief Gen. Alexander Yano the dropping of the mutiny charges against almost half of the accused.

At the resumption of the trial against the officers, chief prosecutor Col. Jose Feliciano Loy however said Yano did not approve or deny the recommendation. He did not say when he made the recommendation or exactly how many officers he recommended for “nolle prosequi.”

“I made a lengthy communication to the convening authority (Yano). Had the convening authority approved it, the charges against half of the accused would have been withdrawn at this point. But the recommendation was returned without action,” said Loy.

Loy made the manifestation after the defense panel inquired about the status of the prosecution’s earlier pronouncements that it will request for a nolle prosequi (do not pursue), or the discontinuation of the trial against some of the accused.

Initially, Loy asked that his statement be kept off the record but the court wanted it reflected on the records for transparency. Loy’s revelation prompted the defense to ask the court to compel him to furnish the tribunal a copy of his recommendation.

Defense lawyer Trixie Angeles said the Loy recommendation proves that the prosecution has no case against at least 14 of the accused. He said these officers have been in detention for over two years and “one minute longer is one minute too much.”

In an apparent attempt to force the prosecution to name the officers recommended for nolle prosequi, lawyer Teddy Rigoroso said he is filing a motion to dismiss the case on behalf of his clients – Maj. Francisco Domingo Fernandez and Lt. Belinda Ferrer.

This got the ire of Loy who said that the defense should not be filing such motions because they were still in the pre-trial stage. He said such motions should be filed after the prosecution and the defense are through in the marking of their evidence.

Rigoroso then asked if Loy had any objection to his motion in fact and in law and in equity and in justice. Loy replied that he thinks the prosecution has sufficient evidence against his clients. Rigoroso said he will later file a written motion.

The court’s law member, Col. Marian Aleido, said the court cannot compel the prosecution to submit to the court a copy of the nolle prosequi recommendation, saying the matter is between the prosecution and the convening authority under the court martial procedure.

Yesterday, the prosecution marked additional evidence against the accused – affidavits of some officers, including that of Lt. Michael Cuarteros who was initially charged for involvement but was later dropped as a respondent; and the video of accused Brig. Gen. Danilo Lim shown on television while withdrawing support from President Arroyo.

The defense also submitted as evidence affidavits of Maj. Oriel Pangcog, a former Scout Ranger operations officer who was also a former accused in the case but was subsequently cleared; and that of Col. Ariel Querubin.

Querubin’s lawyer Rodrigo Artuz asked the court to summon former AFP chief now ambassador to Iran Generoso Senga, then AFP deputy chief of staff for intelligence now AFP deputy chief of staff Lt. Gen. Rodrigo Maclang and Querubin’s wife Maria Flor, as witnesses.

Lawyer Gilbert Gallos, counsel for accused Col. Orlando de Leon, tried to have a stipulation of facts with the prosecution, which denied most of the assertions, including Senga’s instruction to former Marine commandant Maj. Gen. Renato Miranda to meet with the Marine officers on the night of Feb. 23, 2006 after information reached him that the officers were planning to join protest actions; the award of a medal to De Leon by Miranda’s successor, now Western Mindanao Command chief Lt. Gen. Nelson Allaga, for his role in the peaceful resolution of the Feb. 26 standoff at the Marine headquarters; and Miranda’s assurance to then Navy chief Vice Admiral Mateo Mayuga that no Marine officer will join the protest actions against President Arroyo.

Captions:

1. Scout Rangers including Brig. Gen. Danny Lim
2. Col. Ariel Querubin and Col. Nestor Flordeliza
3. Col. Januario Caringal
4. Col. Orlando de Leon
5. Col. Achilles Segumalian and Lt. Belinda Ferrer
6. Col. Armando Bañez