DEFENSE lawyers scored a major victory on Tuesday after they fended off attempts by military prosecutors to arraign the 28 military officers who are their clients on lesser charges of violating three Articles of War.

At the same time, the lawyers managed to convince the Special General Court Martial 2 to direct the trial judge advocate (military prosecutor) to again restudy the charges, including the principal case of mutiny against the accused, and submit its recommendation to newly installed Armed Forces Chief of Staff Alexander Yano.

Law member Col. Marian Aleido ordered trial judge advocate Col. Feliciano Loy to again look into all the charges and report to Yano about the possible absence of grounds or evidence to prosecute the officers. Yano is the body’s new convening authority in view of his assumption as chief of the military.

The military tribunal, which is headed by Major Gen. Jogy Leo Fojas, has earlier arraigned the 28 officers headed by former Marine Commandant Major. Gen. Renato Miranda and former Army Scout Ranger commander Brig. Gen. Danilo Lim on the mutiny where the accused entered a special plea.

A military defense counsel, however, expressed reservations whether the new Armed Forces chief can impartially look into the charges.

“I doubt whether he has an unprejudicial mind,” he said, noting that Yano has formerly been not only a member, but president of the military tribunal.

Aleido was forced to reset the proceedings until May 30 after lawyer Trixie Angeles orally filed a motion for inquiry, asking the court martial to “look after the fact” and “in law” on the incidents surrounding the alleged violations of three provisions of the Articles of War (AW).

Other than the mutiny, the military also charged the 28 officers of violating AW 65 (Willfully disobeying superior officer), AW 96 (Conduct unbecoming an officer and gentleman) and AW 97 (Conduct prejudicial to good order and military discipline).

Angeles, lawyer for Army Scout Ranger Capt. Ruben Guinolbay, argued that the inquiry must be conducted in order to ascertain whether there are really reasonable and legal grounds to proceed with the AW cases and to “intelligently guide the body.”

The lawyer and her colleagues in the defense panel believe the charges have already proscribed as all of their clients were not arraigned within the two-year period from the time the alleged offenses were committed, as prescribed by the Manual on Court Martial.

The accused allegedly committed the charges when they attempted to overthrow the government or withdraw their support from President Arroyo in February 2006.

With the motion that was lodged, lawyer Homobono Adaza was forced to withdraw his separate motion that was seeking to dismiss the charges on the ground of “multiplicity,” which he filed at the start of the proceedings.

Adaza, lawyer for Lim, said Angeles’ motion was a prejudicial issue, and as such, he was giving way to it.

Adaza asserted that the military court must dismiss the charges on the grounds that they have been absolved by the mutiny or had already proscribed.

Jelac to prioritize bigger budget for judiciary

THE newly created Judiciary, Executive and Legislative Advisory and Coordinating Council (Jelac) will prioritize securing a bigger budget for the judiciary to strengthen the judicial system in the country, its members agreed on Tuesday.

PALAYAN CITY, Nueva Ecija—Defense lawyers prevailed over apparently ill-prepared prosecutors in the second hearing here Monday of the murder charges against four progressive party-list politicians, prompting the lady judge to crack humor unusual in courtroom proceedings. She gave both parties 15 days to determine probable cause to support the charges.

A Manila Regional Trial Court (RTC) issued on Monday afternoon a warrant of arrest against Lingayen-Dagupan Archbishop Oscar V. Cruz in connection with libel charges lodged against the prelate.

WHILE Southeast Asian exports—as a region—to the European Union (EU) continue to mount, the exception is the Philippines, whose own export to the EU has been in steady decline for the last five years.

ZAMBOANGA CITY—A top police official on Tuesday disclosed that the British businessman who was reported missing by his business partner was already located, brushing aside speculations that he might have been abducted or kidnapped.

DEFENSE lawyers scored a major victory on Tuesday after they fended off attempts by military prosecutors to arraign the 28 military officers who are their clients on lesser charges of violating three Articles of War.

FORMER justice secretary Silvestre Bello III will replace Ricardo Saludo as secretary of the Cabinet once the latter is confirmed as Civil Service Commission chairman, Press Secretary Ignacio Bunye said Tuesday.