‘Plotters’: AFP chief violated military discipline in ’04 polls

11/17/2007

In a move to get back at Armed Forces chief Gen. Hermogenes Esperon Jr. who said the troops who walked out on their mutiny hearing last week could be held liable for “breach of discipline,” the 28 Army Scout Rangers and Marines officers yesterday claimed it was the “Hello Garci” general who violated the military discipline for his alleged part in the rigging of the 2004 presidential elections in favor of President Arroyo.

“Mr. Esperon again entertained the nation with his myopic view of what ails this country via his pronouncements in media. Mr. Esperon, your so-called breach of discipline started in 2004. Only an undisciplined officer would allow himself to be used for cheating,” the detained officers, in a statement, said.

Esperon was among the four military generals mentioned in the Hello Garci wiretapped conversations between Mrs Arroyo and former Elections Commissioner Virgilio Garcillano.

“An undisciplined officer disregards the Constitution and subverts the will of the people. An officer who does not face squarely all allegations hurled toward him, but instead shrinks from every opportunity to defend himself via alibis, is a mark of indiscipline, if not outright cowardice,” they noted.

The accused officers, led by former Marines commandant Maj. Gen. Renato Miranda, former First Scout Ranger

Regiment commander Brig. Gen. Danilo Lim and Medal of Valor awardees Marines Col. Ariel Querubin and Marines Lt. Col. Custodio Parcon, along with all the other officers, walked out of the courtroom last week to protest the court’s alleged bias.

Esperon branded their action as a breach of discipline.

“You don’t even have the guts to sign the PTA (pre-trial advice) and now you say we breached the limits of discipline? Come on Mr. Esperon, don’t give us that crap,” they stressed.

The accused and their lawyers are challenging Esperon to sign the PTA so that their charge would become legal.

The military chief, however, insisted on not signing pre-trial advice, which served as among his basis in convening the court martial to try the officers.

Tension also gripped during the resumption of the the proceedings.

The accused refused to stand when ordered by the court, as panel president Maj. Gen. Jogy Leo Fojas swore in one of the panel members who was absent during the last hearing.

The prosecution then asked the court to put on record the accused officers’ refusal to stand.

Defense counsel Robert Gallos asked the court to allow First Lt. Homer Estolas to enter his peremptory challenge.

A peremptory challenge is the right of the accused before arraignment to eject any member of the military court without laying the grounds.

But the prosecution opposed, claiming that based on the transcript of last week’s hearing, Estolas said he had exercised his right.

When the officer raised his hand to challenge the prosecution, the court did not recognize him which prompted Estolas to stand up.

A military policeman, however, motioned him to sit down.

A confrontation then occurred as Marine Lt. Col. Achilles Segumalian stood up and questioned the court’s action.

“Why did you stop him?” he said.

During a recess, Segumalian also accused the lead prosecution of lying.

Fojas ordered the accused to observe proper decorum when inside the court.

He also warned them of “appropriate sanctions” should the officers violate his order.

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