Court fails to arraign soldiers linked to Manila Pen siege

The military court has failed to arraign former Scout Ranger chief Brig. Gen. Danilo Lim and several other military officers linked to the November 2007 Manila Peninsula rebellion. During the resumption of their trial on Thursday, defense lawyers were able to prevent prosecutors from reading the amended charges on grounds that Lim and the other soldiers had not yet been served copies of the charge sheet. The prosecution admitted to a court-member, Col. Al Pereras, that the charge sheets had not yet been personally served to the accused. “There is a defective service of the charge sheet," said Pereras who called for the hearing’s adjournment after saying that the accused should be give five days to go over the charge sheet. The soldiers were charged with violating the following Articles of War: 67 (mutiny); 96 (conduct unbecoming of officer and gentleman); 97 (conduct prejudicial to good order and military discipline); 63 (disrespect to the President); and 70 (breach of arrest and escape from confinement). Except for Marine Capt. Nicanor Faeldon, who has been missing since he slipped out of the Manila Pen at the height of the siege, all the 11 accused in the case were present during the hearing. Lim was in battle dress attire during the hearing, while the 10 others who were already discharged, were in civilian clothes. They are: Lt. Senior Grade James Layug; Capt. Gary Alejano; Capt. Andy Torato; Lt. (sg) Louie Eugene Gonzales; Lt. (sg) Manuel Cabochan; Lt. (jg). Arturo Pascua; First Lieutenant Segundino Orfiano; 1st Lt. Billy Pascua; Ensign Armand Pontejos; and 1st Lt. Jonnel Sangalang. Lim acted as witness for 30 members of the Magdalo Group when he and the accused walked out of a Makati City court on November 29, 2007 and marched through the streets of Makati City. The group occupied the Manila Pen where Lim read a statement withdrawing support from the administration, calling President Gloria Macapagal Arroyo a “bogus President." Lim, along with 16 other Army and Marine officers, is also being tried by a military court for his involvement in the alleged plot to overthrow the Arroyo administration in February 2006. When asked what would be their next step, Lim said: “The proper thing to do is to request the chief of staff (Gen. Victor Ibrado) to refer the case to the civil court. We were already arraigned for a charge of rebellion by the RTC (regional trial court of Makati City)." Under the military justice system, the charges against the accused should be dropped if they are not arraigned within two years from the commission of the supposed crime. - GMANews.TV