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From ABS-CBN online:

A former justice secretary on Tuesday said the government prosecutors should not have used as example the case of former Rep. Romeo Jalosjos in blocking Senator Antonio Trillanes IV’s request to fully perform his duties as an elected member of the Senate.

“Alam po ninyo iyong kaso ni Trillanes at iyong isang congressman ay mayroon pong pagkakaiba,” said Serafin Cuevas, also a former Supreme Court associate justice.

He said Jalosjos has been convicted of rape charges while Trillanes remains an accused and all the evidence against him have yet to be presented before the Makati City Regional Trial Court (RTC).

Since the trial for Trillanes’s rebellion case has not yet started, Cuevas said the senator still has the right to bail.

“According to the law, every person has the right to bail. It could have been cases where he is judged with a capital offense,Marc Jacobs Handbags,” he said.

He said Trillanes should emphasize before the court that he is not yet convicted.

For the prosecution, Cuevas advised the government lawyers to present “strong [pieces of] evidence that show the guilt of the accused” instead of submitting a motion for denial of bail.

He said if the court is convinced by the evidence, it will automatically deny Trillanes’s requests.

In the comment submitted by the Department of Justice to the Makati RTC, State Prosecutor Juan Pedro Navera likened the case of Trillanes to that of Jalosjos, who is a convicted child rapist.

Navera said Jalosjos was jailed while still an active member of the House of Representatives. He cited a Supreme Court ruling in 2000 that denied Jalosjos’s petition to leave detention to perform his duties as a representative of his province. In the ruling, the high court said the House of Representatives can perform its duty even in the absence of Jalosjos.

The government lawyer added that Makati City RTC Judge Oscar Pimentel should deny Trillanes’s petition to put up a satellite or a legislative office inside the Philippine Marines headquarters in Fort Bonifacio, Taguig City because the place is a high security area.

In his motion, Trillanes asked Pimentel to allow him to attend Senate hearings. He also asked the court to allow him to put up an office inside his detention and hire a legislative staff.

Another request made by the new senator was to allow him to entertain the media in his detention cell every Tuesday and Friday when the Senate is not in session.

Meanwhile, Navera warned Trillanes against making public statements against the government. He said the new senator’s lashing at the government violates the court’s condition for his temporary release.

Trillanes took his oath Friday before his friend, barangay chairman Ruben Gatchalian, in Caloocan City.

After the ceremony, Trillanes accused Team Unity senatorial candidate Juan Miguel “Migz” Zubiri of benefiting from alleged cheating in the May mid-term elections and said that he did not want “,Wholesale Replica Handbags;a cheat” to join him in the Senate.

“I believe Congressman Zubiri knows deep in his heart that he benefited from cheating. If he is decent enough, he wouldn’t accept [victory in the Senate race] because that is not something you want your kids to emulate,” Trillanes said.

The new senator has also made strong statements against the administration,Mulberry Handbags, particularly President Arroyo, whom he labeled as an illegitimate leader.

He said he will work for Mrs. Arroyo’s removal from office during his term. He said the country will not be able to move forward if Mrs. Arroyo remains President of the republic.

Trillanes is among the junior military officers who led a cabal of enlisted personnel in the Oakwood Mutiny in 2003.

After taking over the Oakwood Premier Hotel in Makati City, Trillanes, who served as the group’s spokesman, repeatedly asked Mrs. Arroyo to step down.

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Nakabalandra ngayon sa ating mga pahayagan ang mga numero ng mga namamatay sa Sulu kung saan nag-oopensiba ang military laban sa Abu Sayyaf: “57 patay”. “25 patay sa isang araw.”

Nangyari itong opensiba isang buwan mangyari ang trahedya sa Basilan kung saan 14 na Marines ang namatay,Marc Jacobs Handbags, 10 sa kanila ang napugutan ng ulo sa encounter sa mga miyembro ng Moro Islamic Liberation Front noong July 10.

Ngunit sa likod nitong mga numero ay mga taong tumatangis dahil sa mga nawala sa kanilang buhay. Mga taong ngayon ay hindi malaman kung papaano mabuhay sa gitna ng putukan at barilan.

Isang researcher na taga-Sulu na aking nakilala sa papagitan ng aking blog ang humihingi ng tulong para sa kanyang mga kababayan na ngayon ay walang makain dahil sa wala na silang magawa kungdi tumakbo para makaiwas sa mga bala at sa mga Abu Sayyaf na nagwawala na sa kabundukan.

Kung may maitulong kayo, maari kong paratingin sa kanya.

* * *

Ang isa pang kahindik-hindik na pangyayari ay ang pagpitik lang ng Comelec kay Lintang Bedol, election supervisor ng Maguindanao. Ngunit kaysa manggalaiti tayo sa galit, pagtawan na lang muna natin.

Maganda itong sinulat sa aking blog ni Tongue Twister kung ano ang kanyang gagawin kung siya si Bedol:

1.Magwawala ako. Bakit si Garci, di man lang naimbestigahan. Pati si Sumalipao, si Mangudadatu, si Noli Barcelona, si…, si…. Abalos! Sige pati si Gloria na!

2. Hindi ako magpipiyansa. Pagkatapos kung tulungan ang gobyerno,fashion handbags, magbabayad pa ako? Bakit di na lang ibawas sa pasweldo ni Bong Pineda? Pwede namang imenos sa koleksiyon ni Chavit dahil nag-number one siya sa COC ko. Sagutin na lang kaya ni Ate Migz yung P1,000 at P15,Chanel Handbags,000. Hindi na pwede bawasan ang pera ko. Ibinigay ko lahat sa Fund Manager ko yung P50M na sweldo ko nung eleksyon, no! Galing yata sa pagod yung perang iyon.

3. Hindi ko sisiputin yung pinaplanong inquiry sa House.Baka makotongan pa ako ng mga miyembro doon. Nandoon pa yung ibang members ng CA di ba? Isa pa baka hindi ako tanggapin pareho ni Garci. Si Garci, akala mo naka-homerun, kinakamayan ng lahat. Kakainggit.
4. Hindi ko sisiputin yung inquiry sa Senate. Delikado doon, nandoon yung tatay ni Koko. Hindi niya alam kasi na barkada ko yung nakalaban noon ng tatay niya. Saka baka payagan si Trillanes. Mapapatunayan pang si Trillanes ang number two sa totoong bilang. Kailangan siguro hindi na mata ang tapalan ko. Tama, yun na lang bibig!

5. Papayag akong makulong sa Manila Hotel ng anim na buwan.
Ang kasalanan ko lang naman talaga e hindi ko napartehan sila Abalos. Ang utos kasi ibigay ko yung iba sa en banc, dinig ko naman ilagay lahat in bank!

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Umamin na si Rep. Antonio Cuenco na nabigyan siya ng P200,000 (Ano yan,Marc Jacobs Handbags, Tony may P200 ka dito?) noong Huwebes sa Malaca?ang ngunit itong si Press Secretary Ignacio Bunye ay nasa-alapaap pa rin. Tsismis raw.

Ito naman si House Majority Arthur Defensor,Hermes Bracelets, “standard” o pangkaraniwan raw yung bigayan kapag may nagawa silang nagustuhan ni Madam.

Kaya pala kung anong pangungurakot ang ginagawa ni Gloria Arroyo. Kailangan niyang bususgin itong mga buwaya niyang alagad. Kung sabagay siya ang Inang buwaya.

At ano naman ang maganda nilang ginawa na nagkaroon sila ng maagang pamasko? Walang duda na yun ay may kinalaman sa pagpumilit na makarating sa Justice committee ang pekeng impeachment complaint na isinampa ni Atty. Roel Pulido.

Garapalan na ang ginawa nilang pagtulak ng impeachment complaint noong Huwebes hangang sa nakarating sa Justice committee. Sa ganun wala nang ibang impeachment complaint na maaring masampa laban kay Gloria Arroyo sa loob ng isang taon.

Garapalan talaga. Sila na mismo na mga tauhan ni Arroyo ang nagtutulak ng impeachment complaint. Paano wala silang mabayarang oposisyon na sumali sa kanilang moro-moro.

Paano, sa lahat ba namang kongresista na lalapitan,Gucci Handbags, si Rep. Crispin Beltran pa. Akala siguro nitong si Francis Ver na porke’t mahirap si Ka Bel ay masisilaw sa P2 milyon. Hindi uso kasi ang prinsipyo sa Malaca?ang kaya akala nitong pamangkin ni Ver lahat na tao pareho nila ang pag-iisip.

Kung hindi lang bastusan ng bayan, parang komedya ang nangyari noong Huwebes sa Batasan. Ang mga kaalyado ni Arroyo, nagtutulak ng impeachment complaint samantalang ang mga tag-oposisyon naman ang humaharang. Parang nabligtad ang mundo.

Nagpapatunay lang talaga na “Impeach me” o pakana ng Malaca?ang ang isinampa ni Pulido at inindorso ni Rep. Edgar San Luis.

Nakaabot sa Justice committee ang pekeng impeachment complaint dahil nag-inhibit o sadyang ipina-ubaya ni House Speaker Jose de Venecia kay Del Mar ang dapat katungkulan.. Delikadesa raw, sabi ni JDV kasi sangkot raw ang kanyang anak na si Joey de Venecia sa isyu ng NBN-ZTE na siyang nakalagay sa complaint.

Sa tingin ho,Replica Chanel, hindi delikadesa ang rason kung bakit ipinaubaya ni JDV kay Del Mar ang pagtulak ng impeachment complaint. Tagilid ang kanyang posisyon bilang speaker. Nabili ni Arroyo ang 189 na kongresista. Kaya pwedeng siyang tanggalin na speaker.

Mas hahanga sana ako kay De Venecia kung nanindigan siya na hindi itulak ang pekeng impeachment complaint at ibinulgar ang suhulan sa Malaca?ang. Matanggal man siya bilang Speaker, lumaban naman siya para sa katotohanan.

Ngayon Speaker pa siya. Hanggang kailan?

It is clear to those who have closely followed the court martial of 28 officers allegedly involved in the February 2006 alleged withdrawal of support from Gloria Arroyo that the panel headed by Maj. Gen. Jogy Fojas is following the prosecution’s script that Maj. Gen. Renato Miranda and his fellow accused officers be arraigned, by hook or by crook, before Feb. 26, 2008.

That’s because if the accused are not arraigned by Tuesday next week, two years from the commission of the alleged offense, the charge of “Conduct Unbecoming of an Officer and Gentleman” (violation of Articles of War 96) would prescribe and the case would be automatically dropped.

The remaining major charge would be mutiny which was recommended to be dismissed by the team from the Judge Advocate Office the investigated the February 26 incident “for lack of factual and legal bases.”

Last Wednesday, no arraignment took place in the eight-hour hearing despite the fact that when it opened at 10:00 in the morning, Fojas declared:” Proceed with the arraignment.”

The defense lawyers’ good command of the English language saved the day for the accused.

Lawyers Trixie Angeles, counsel for Capt. Ruben Guinolbay, and Teddy Rigoroso, counsel for Marine Maj. Francisco Fernandez and Lt.. Belinda Ferrer complained about defects in the charge sheet, which would be read to the officers in the arraignment. Atty. Dante Atienza got the panel to agree that, “The reading of a defective charge sheet will result in a defective arraignment.”

Rigoroso pointed out that while his clients are charged with “attempted to create or begin, excite, cause or join a mutiny”, there are also words like “consummated.” He said the punishment for having caused a “mutiny” is heavier that “attempting” a mutiny..

There was a lot of discussion on the meaning of the word “upon” after Angeles motioned to strike out “irrelevant and redundant allegations… that may tend to confuse the accused and prevent him from making a proper plea.”

The Manual for Courts martial states that ordinarily, the motion to strike out should be made “upon arraignment”. Law member Col. Marian Aleido ruled, without consulting other members of the court, to proceed with the reading of the charges and for the striking out of irrelevant and confusing allegations be done after.

When asked if after the reading of charges, the arraignment stage is not yet completed, Aleido could not answer. The defense lawyers then insisted that the charge sheet be corrected before the reading of the charges because the word “upon” means “during” not “after.”

I did my own checking. Webster says, “upon” is a preposition, “to indicate a course of action or an action or condition that is beginning.” The online Encarta dictionary says the word “upon” is used to indicate, “that an event is imminent.”

It was already past 5 p.m. and throughout the day, all that the accused officers and the defense lawyers got from the panel were “Denied” and “If you have any complaint about the decision of the court, you are free to bring it to the Supreme Court.”

Angeles expressed alarm over this “dangerous” attitude by court. She told members of the panel: “You are given the rare opportunity to do the right thing at the first instance. We have told you what is in the law and by insisting your way and by referring the execution to a higher court, it speaks of bad faith. You know it is wrong and yet you are doing it.”

While Angeles and other defense lawyers were taking turns pointing out to the panel what is in the law, Medal of Valor awardee Col. Custodio Parcon asked his fellow accused to pray. Minutes earlier, Ifugao Mumbaki Marcos Guinolbay, father of Capt. Guinolbay, informed Angeles that he was fasting and offering prayers for justice for his son and the other officers.

Panel member Gen. Bernard de Luna called for a break so they could confer. When they came back, even members of media, used to hearing the panel declare “Denied” was surprised by the order of Fojas to the prosecution to make the necessary corrections in the charge sheet.

But here’s a catch. It had to be done on the spot. Obviously, there was an order to execute the arraignment that day and they had to do it by hook or by crook.

After a long break,led lights, the hearing resumed and the prosecution panel said they have made the corrections. However, the defense lawyers pointed out that the proper procedure is for each and every accused to be served the corrected charge sheet. It also has to be signed by the accuser.

That’s a problem for the prosecution because the accuser in this case, Capt. Armando Paredes,Replica Chloe, has resigned from the military. A new accuser may sign the corrected charge sheet, of course. But the manual for courts martial also states that the accuser has to be someone who has full knowledge of the charges. The prosecution has to look for a new accuser.

At 7 p.m., Fojas had to adjourn the hearing. He said next hearing on Feb 19, they will immediately go to arraignment.

Every small victory under a military leadership that has no qualms about disregarding due process,Marc Jacobs Handbags, is a renewal of faith. Capt. Dante Langkit, attributes the non-arraignment last Wednesday to the power of prayer.

Photo captions:

1. Brig. Gen. Danny Lim arriving for the court martial hearing at the Procurement Service faility, Daza Park, Camp Aguinaldo.

2. Lieutenants Homer Estolas and Sandro Sere?o. Estolas has not been given the chance to exercise his right to peremptory challenge, a requirement before the members of the panel can take their oath.

3. Lt. Belinda Ferrer,the only female detainee inthe whole AFP.