11 acquitted of Feb '06 mutiny raps, but not Brig. Gen. Lim

(Updated 10:57 p.m.) A military tribunal on Thursday cleared and ordered released 11 of the 28 military officers linked to the alleged attempt to overthrow the Arroyo administration in February 2006 due to lack of evidence against them. They had been detained since 2006 while awaiting a decision. They were accused of violating Article 67 of the Articles of War (Mutiny and Sedition). The court deferred the ruling on 17 other accused, including top-ranking officers former Scout Ranger chief Brig. Gen. Danilo Lim, former Marine commandant Maj. Gen. Renato Miranda, and Medal of Valor awardees Col. Ariel Querubin and Lt. Col. Custodio Parcon. Lim and Querubin, despite their incarceration, have expressed their intentions to run for the Senate in next year's elections. Both were leaders of the 1989 coup attempt against the Aquino government. They were detained but later granted amnesty by Aquino's successor, President Fidel V. Ramos. Ironically, when Querubin staged a stand-off at the Marine headquarters in 2006 and called for people power, one of those who rushed to lend him support was former president Cory Aquino, the target of several coup attempts during her term who by 2006 was a fervent opponent of President Gloria Arroyo. West Point graduate Lim is included in the senatorial line-up of the United Opposition under former President Joseph Estrada. Acquitted of mutiny charges were Marine Col. Januario Caringal; Lt. Cols. Edmundo Malabanjot and Nestor Flordeliza; Maj. Francisco Domingo Fernandez; Capts. Ruben Guinolbay, Frederick Sales, and Allan Aurino; and 1Lts. Ervin Divinagracia, Jacon Cordero, Sandro Sereno, and Richiemel Caballes. “The court unanimously found meritorious the motion of finding them not guilty," the court said in its ruling. The military tribunal was headed by Maj. Gen. Jogy Leo Fojas. One of the acquitted was Guinolbay, considered a hero who saved several hostages of the Abu Sayyaf during the infamous battle of Lamitan in June 2001 when the enemy was allegedly allowed to escape by Guinolbay's senior officers. Vicente Verdadero, one of the lawyers of the defense panel, said the accused were cleared by the court because no witness or documentary evidence linked them to the supposed mutiny. “Firstly, because the allegation of conspiracy is already gone, it's dead now. There is no longer conspiracy," said Verdadero, who represents Flordeliza, Malabanjot, Sales, Divinagracia, Sereno, Cordero, and Caballes. “(It’s) on the ground that they were not mentioned at all, no evidence, no single piece of evidence, none against them," he said. The accused reportedly planned to march to EDSA Shrine on Feb. 24, 2006, join the ranks of the anti-government protesters, and subsequently withdraw support from President Arroyo. The plan prompted President Arroyo to sign Proclamation No. 1017 that put the country under a state of emergency on February 24, 2006. This action invoked Section 18, Article 7 of the Constitution, which gives her the authority to use the police and armed forces to prevent any anti-government activities or rebellion. The proclamation was lifted on March 3, 2006 after a public outcry. Malacañang through Press Secretary Cerge Remonde said it would just leave to Armed Forces chief Gen. Victor Ibrado the decision if the acquitted officers could go back to service. Armed Forces public information chief Lt. Col. Romeo Brawner Jr. said the officers could go back to service. He also dismissed the possibility that they would get implicated again in the ouster plans against the Arroyo government. “No. Because maraming (there are a lot of) officers who are in the same situation but are still serving the military loyally," he said. - with Aie Balagtas See, GMANews.TV