AFP: 11 cleared of mutiny can go back to duty
The 11 officers who were cleared of mutiny charges filed against them over the alleged attempt to overthrow the Arroyo administration in 2006 are welcome to return to service, the Armed Forces of the Philippines (AFP) said on Friday.
At the same time, the AFP said the acquittal of Col. Januario Caringal and Maj. Francisco Domingo Fernandez, both from the Marines; and Lt. Cols. Edmundo Malabanjot and Nestor Flordeliza; Capts. Ruben Guinolbay, Frederick Sales, and Allan Aurino; and 1Lts. Ervin Divinagracia, Jacon Cordero; Sandro Sereno, and Richiemel Caballes – all from the Army, is a welcome development for the armed forces as it proves that the military justice system is working.
The court martial acquitted the 11 the other day due to lack of evidence.
The court however deferred ruling on the 17 other accused in the case which include former Scout Ranger chief and now senatorial aspirant, Brig. Gen. Danilo Lim; former Marines commandant Maj. Gen. Renato Miranda, and Medal of Valor awardees Col. Ariel Querubin and Lt.Col. Custodio Parcon.
In an interview, AFP spokesman Lt. Col. Romeo Brawner Jr. said the general court martial, under Gen. Jogy Leo Fojas, “has assured us that they will remain impartial and professional in hearing the cases of the remaining 17.”
Brawner, at the same time, said the 11 acquitted officers have the option to return to service or resign. “Mga seasoned fighters itong mga ito. They are welcome. We believe they can and they will be able to contribute again to the organization and to our fight against insurgency,” he said.
The AFP spokesman said those who were implicated in the 1987 and 1989 coup attempts against then President Corazon Aquino, had been given another chance by the AFP and are now working in the mainstream.
“In fact, many of those who were given another chance proved to be very effective,” said Brawner.
He cited the case of Lim, who was also implicated in the coup attempts against former President Aquino, but was given another chance by the government.
“Si Gen. Lim, di ba? Nabigyan siya ng command at ang binigay na command is First Scout ranger. So it means may tiwala yung gobyerno. May tiwala nga si Presidente noon when she gave that designation to Gen. Lim, buo yung tiwala niya,” Brawner said.
The accused military officers have been in detention since 2006 after they were accused of attempting to overthrow the Arroyo administration.
After handing down its ruling clearing the 11 officers, the court asked the prosecution to coordinate with the convening authority, Armed Forces of the Philippines (AFP) Chief of Staff, Gen. Victor Ibrado, for their release.
Earlier, the defense filed a motion for a finding of not guilty, weeks after the prosecution presented its last witness, former AFP chief now Presidential Management Staff head, Hermogenes Esperon.
The defense asked the court “to dismiss the charge against all the accused considering that the evidence of the prosecution failed to prove their guilt beyond reasonable doubt.”
The defense said the accused officers “although they had been mentioned or adverted to in the documentary exhibits of the prosecution and in some of the testimonies, no evidence was shown, however, that they committed attempted mutiny as specified in the charge sheet by (1) withdrawing their support from President Gloria Macapagal Arroyo, Commander-in-Chief of the AFP, (2) urging the Chief of Staff of the AFP and other officers and enlisted personnel to likewise withdraw their support from the President, and (3) attempting to join the protest actions of the so-called civil society groups and political oppositions calling for the President’s resignation, with the intent to usurp, subvert and/or override lawful authority.”
The military justice system mandates the accused can move for dismissal of the cases against them after the resting of the prosecution’s case. If the motion is denied, the defense can proceed with the presentation of its witnesses.




