Controversial ex-Marine colonel denies Arroyo links

Retired Marine Col. Generoso Mariano — controversial for his video-taped appeal for a change in government — on Tuesday disputed insinuations that he is working with former President and now Pampanga Rep. Gloria Macapagal-Arroyo. “Regarding reports that I am a puppet of GMA (Arroyo’s initials), [former security adviser] Bert Gonzales, politicians etc, that’s totally untrue and figment of imagination. God bless us as a people and as a nation," said Mariano in a text message sent through his friend, former Marine Col. Ariel Querubin. In the video reportedly taken last July 3, Mariano, who retired from service July 17, accused the government of failing to put up measures against the relentless rise in the costs of basic commodities, which he said is affecting even soldiers. Sedition For coming up with the statement while still in active service, the Department of Justice (DOJ) has recommended to the military that Mariano be held liable for inciting to sedition. In an eight-page legal opinion sent to the Armed Forces’ Judge Advocate General Office (JAGO), Justice Secretary Leila de Lima said Mariano’s video-taped message contains contemptuous condemnation and wholesale attack of President Benigno Aquino III’s government. She said the call to replace the Aquino government implied through illegal means is “patently seditious." “After a perusal of the recording and transcript of the statement of Col. Mariano, we are of the opinion that said statement has no other intention than to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies, or which tend to stir up the people against the lawful authorities or to disturb the peace of the community and the safety and order of government," said De Lima’s opinion dated July 18. She said Mariano’s statements constitute the crime of inciting to sedition, which is penalized under the Revised Penal Code. De Lima's opinion was addressed to The Judge Advocate General (TJAG) Gilberto Jose Roa, who sought the DOJ’s take on the matter. Navy chief Vice Adm. Alexander Pama last Friday ordered Mariano restricted to quarters inside the Marine headquarters in Fort Bonifacio after confirming that he called for a change of government in a video. Open to investigation Mariano, for his part, said he is open to a military investigation to determine his possible links with the Arroyo camp. “[It’s] okay for investigators to do what they want especially with link with GMA or any other politicians. I hope that they would ferret out the truth ASAP (as soon as possible). I’m alone in this," he said. Presidential deputy spokesman Abigail Valte implied last Sunday that M ariano is associated with the camp of Arroyo. She said that Mariano work full time with the Arroyo once he is already out of the service. Former Navy lieutenant and now Sen. Antonio Trillanes IV, who once joined an attempt to topple the Arroyo government, said Mariano is surrounded by personalities identified with Arroyo. Mariano, who is being subjected to investigation for possible violation of the Articles of War, reached the retirement age of 56 last Sunday. Under the military justice system, Mariano, however, can still be subjected to military investigation and possible trial before a military tribunal because the alleged offense was committed while he was still in the active service and that the probe commenced while he was still in the service. Not an Arroyo officer In a phone interview, Querubin vouched that Mariano is not working for Arroyo, stressing that the embattled officer was a sympathizer of his group that attempted to overthrow the Arroyo administration. “He is denying it. He is not with GMA and we know that indeed, it (allegation) is not really true…I can vouch for him that he is not working for GMA," said Querubin of Mariano. But in her legal opinion, De Lima urged the military leadership to take action against Mariano immediately. “It is clearly incumbent upon the military authorities to immediately take action against Col. Mariano in light of their personal knowledge that one of their comrades has just broadcast an inflammatory speech calling for the replacement of his own commander-in-chief and the government he leads, which Col. Mariano himself, as an officer of the AFP, has sworn to serve and defend," she said. She cited the Supreme Court's jurisprudence in the Umil vs.Ramos case, which allows authorities to take action on a prima facie (on its face) case of sedition by “causing the immediate arrest without warrant of those who are most probably liable for such." De Lima added that Mariano should also be sanctioned for the following offenses: Disrespect toward the President, Vice-President, Congress of the Philippines, or Secretary of National Defense (Article 63 of Revised Penal Code), Mutiny or Sedition (Article 67), Provoking Speeches or Gestures (Article 97) and Conduct Unbecoming of an Officer and a Gentleman (Article 96). — with Sophia Dedace/KBK, GMA News