'Rebel' marine asks CA to stop court martial

The counsel of detained Marine Col. Ariel Querubin on Tuesday filed a petition before the Court of Appeals seeking to prevent the Armed Forces from convening a military tribunal which will try his client. Lawyer Rodrigo Artuz, acting on behalf of Querubin, filed a 20-page petition for certiorari, prohibition with preliminary injunction with very urgent prayer for temporary restraining order. "(The petition is) principally to restrain or prohibit the convening of the special general court martial number 2," Artuz said in an interview on dzBB radio. Artuz added that, "(This is) not authorized under the Articles of War because there is no such thing as special general court martial number 2." The lawyer wanted to "nullify whatever proceedings" that will be hurled against his client so that the latter will be freed from detention. Armed Forces chief Gen. Hermogenes Esperon Jr last month named Lieutenant Gen. Alexander Yano, Southern Luzon Command (Solcom) chief, as head of the general court martial (GCM) that will try 30 Army and Marine officers linked to the botched February coup. Esperon announced that the other members of the military court are Rear Adm. Emilio Marayag, chief of the naval staff; Brigadier Gen. Raul Caballes, Rolando Capacia and Salvador Collantes; Col. Marian Alledo; and Commodore Fortunato Sagudo Jr. Querubin, a recipient of the Medal of Valor, the highest combat honor in the Armed Forces, will be charged with violation of Articles of War 67 (mutiny or sedition) and 96 (conduct unbecoming of an officer and a gentleman). The maximum penalty for mutiny during wartime is death but during peacetime is reclusion perpetua. Querbin will be additionally charged with violation of Articles of War 65 (willful disobedience to a superior officer), and 97 (conduct prejudicial to good order). He allegedly led a Marine battalion during a brief standoff in Fort Bonifacio on February 26 after Major General Renato Miranda, also one of those charged, was relieved of command of the Marine Corps. Querubin, also involved in past coup attempts in the late 1980s during the administration of former President Corazon Aquino, was earlier tagged by authorities as leaders of the supposed plot. -GMANews.TV