MESSIANIC COMPLEX: For clarity, RA 7055 lists what acts are considered “service-connected” crimes. The list is limited to offenses covered by Articles 54 to 70, 72 to 92 and 95 to 97 of Commonwealth Act No. 408, as amended.

Lacierda said that rebellion and coup d’etat are not among those listed and are, therefore, deemed excluded.

Instead, coup d’etat is in the Revised Penal Code (Article 134-A), having been inserted there by Congress after the series of bloody and costly coup attempts in the late 1980s led by then colonel (now senator) Gregorio Honasan.

Also in the aftermath of those failed coups, Congress passed RA 7055 apparently to rein in some members of the military suffering from some messianic complex, delusions of grandeur, or illusions of being warrior-kings to whom the civilian government must defer.

NO DOUBLE JEOPARDY: Lacierda said that double jeopardy would never arise because only the civilian courts, and not courts martial, will hear and try the case of coup d’etat against all the plotters, both civilian and military.

The courts martial, we supposed, will hear their “service-connected” offenses, such as conduct unbecoming of an officer and gentleman, insubordination, going AWOL, etc.

He added: “Thus, your (Postscript) suggestion that they be tried in civilian courts is in actuality, a legal mandate."

Incidentally, courts martial are not part of the Philippine judicial system. He said they are considered as instruments of the Executive Department and as an aid in the administration of military discipline since the President is also the Commander-in-Chief.

NO WAIVER: But mutiny, he pointed out, is a “service-connected” offense. “Hence, by claiming that there was no coup and by failing to follow the chain of command in echoing their redress of military grievances,” he said, “the coup plotters are insisting that they should be tried solely under the Articles of War and hence, a court martial.”

(This may explain why the rebel soldiers and their allies in the Senate and elsewhere have been trying to brainwash the nation into thinking that what happened last July 27 was a mere mutiny and not a failed coup.)

Lacierda noted: “In the first place, both parties were silent with respect to a civilian trial. The fact that it was not discussed did not mean that the negotiators waived the government’s right to file a case. To be a valid waiver, the negotiators must have full knowledge of what they were waiving and must have expressed it categorically.”

“As they have disclosed, the government panel's only purpose was to defuse the situation. The plotters were likewise silent on that point. Thus, no waiver, express or implied, was done.”

It has been pointed out also that the supposed deal was not enforceable since it was made under duress. As it were, the rebel soldiers holed up in the Oakwood condominium in Makati held the nation hostage while making demands.

PROBERS ON THE SPOT: Sympathizers of the Estradas/Ejercitos, btw, are demanding that investigators present evidence to prove their supposed claim that Sen. Loi Estrada and her son Jude Estrada were part of the coup conspiracy.

In fairness to the investigators, it was mostly the media that jumped to the conclusion that the senator and her son were involved. This was after investigators talked about their tracing to the Estradas some vehicles reportedly used in the failed coup.

As most car-owners know, many vehicles running around are sometimes still in the name of individuals who have long sold, given away, or lost track of vehicles originally registered in their name.

Knowing this, the investigators would be imprudent to conclude merely on the basis of car registration papers that the person whose name appears in the document was involved in a crime where the vehicle was used.

But still, the Estradas or whoever is listed as the registered owner, will have to explain.

NEW PPA SCANDAL: There is another “Road to Perdition” scandal brewing. A temporary three-kilometer access road for truckers and users of the Port of Batangas that was designed to cost only P16 million ended up costing P66 million.

Not only that. After only a year of use, it will soon be demolished to give way for the construction next month of the permanent regular highway for Phase II of the international port project.

We’re not only asking why the cost was bloated. We also want to know who made money on the apparent overprice. Officials of the Philippine Ports Authority that built the road may want to explain before President Arroyo throws the book at them.

CUSI KNEW IT: The temporary road was to have only two lanes, but PPA officials had grandiose plans. They changed the asphalt to concrete, made it four lanes, built a middle concrete island and erected lamp posts along it.

The road was inaugurated September last year with PPA boss Alfonso Cusi, known to be quite close to somebody in the Palace, cutting the ceremonial ribbon.

But the concrete road will have to be demolished before its first anniversary next month to give way to the permanent highway to be built by F.F. Cruz, contractor for Phase II of the Batangas port project.

We assume Cusi knew about the short-lived nature of the access road when he threw P66 million into it.

Get more details, including maps and pictures of the “Road to Perdition,” at the website www.rpweb.ph of Vicente F. Gambito, a keen watcher of ports activities and an authority on the maritime industry.

PAMPERING SQUATTERS: Why are legitimate applicants for electricity and water connections being burdened with complicated requirements (land titles, contracts of lease, etc.) when squatters are not required to produce the same documentation before they get connected?

Why should utility firms discriminate against legitimate law-abiding property owners applying for connection while making it very easy for squatters and those who illegally occupy private property and idle government land?

One way of discouraging irrational migration to crowded cities and nipping the mushrooming of squatter colonies is to deny utility connections to illegal occupants of vacant lots. This measure is so obvious, yet it is not being taken.

Then we whine about breakdown of law and order.

(POSTSCRIPT comes out in the Philippine STAR every Tuesday, Thursday and Sunday. Its online edition is uploaded the night before at http://www.manilamail.com)

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