Esperon says officers' trial walkout a 'breach in discipline'

Armed Forces chief Gen. Hermogenes Esperon Jr on Monday said he is looking into the walkout staged last week by detained military officials during the resumption of the court martial proceedings for their alleged link to the failed February 2006 coup. This, as the military top brass dismissed the challenge posed by the detained military officers for him to sign the pre-trial advice (PTA) which is the basis for charges filed against the alleged coup plotters. In an interview, Esperon told reporters at Camp Aguinaldo that he is looking into the possible culpability of detained military officers involved in Friday’s walkout, saying this may constitute a breach in military discipline. Esperon noted that his action does not preclude the court martial hearing the officers’s case from taking action on the walkout. "Well on the matter of walkouts, the court (martial) as an independent court can take action on that but at my level, I'm also looking at it because it speaks of a breach in discipline of soldiers who are being tried by a duly constituted court," Esperon said. During the resumption of general court martial proceedings last Friday, detained officers walked out as they questioned the basis for their continued trial. The officers noted that Esperon has yet to sign the PTA which is used as the basis for the charges against them. But Esperon maintained that he does not need to sign the PTA, saying the memorandum he issued which ordered the filing of charges against the officers is enough indication of his position on the recommendations made by pre-trial investigation (PTI) officer. He noted that this issue is merely being used by the detained military officers to delay the proceedings. "If you a look at the manual, you will not see there anything that says that I have to sign the PTA or the PTI or write on it indicating my approval or disapproval. But one thing is clear: I have to make the directive for the charging of persons or officers or enlisted personnel of certain violations of the articles of war," Esperon said. "And that is exactly what I did when I issued a memorandum to the judge advocate general and J-1 personnel that such and such be charged of this so that is more than an explicit expression of my decision for an approval or a disapproval of the recommendations of the PTI officer and the PTA… They just have to look at the memorandum I sent out, that is more than an explicit instrument to show my approval or disapproval," he added. Esperon also maintained that the military court has jurisdiction over the case, as he expressed optimism that the Court of Appeals and the Supreme Court will side with the military’s position on the matter. "The Court of Appeals and the Supreme Court have rules on the legality of our jurisdiction and the trial so it is their right to appeal to the Court of Appeals even if another branch has already decided on the matter. But we are confident that we will be upheld," Esperon said. - GMANews.TV