US embassy cable - 05MANILA4637

C O N F I D E N T I A L MANILA 004637 
 
SIPDIS 
 
E.O. 12958: DECL: 09/29/2015 
TAGS: PGOV, PINS, PINR, PREL, MCAP, RP 
SUBJECT: PHILIPPINE MILITARY OFFICERS DISCIPLINED AFTER 
TESTIFYING BEFORE SENATE 
 
Classified By: Political Officer John R. Groch for 
reasons 1.4 (b) and (d). 
 
1.  (U) Summary.  Two high-ranking Philippine military 
officers have been relieved of their posts after claiming at 
a Senate hearing to know of vote fraud committed on behalf of 
Philippine President Arroyo in the 2004 election.  End 
Summary. 
 
2. (U) On September 28, 2005, two high-ranking officers in 
the Armed Forces of the Philippines (AFP) were relieved of 
command after testifying earlier that day at a Senate inquiry 
in defiance of an order from Philippine President Gloria 
Macapagal Arroyo.  (Note:  President Arroyo is also Commander 
in Chief of the AFP.  End Note.)  Brigadier General Francisco 
Gudani, Assistant Superintendent of the Philippine Military 
Academy (PMA), and Lieutenant Colonel Alexander Balutan, 
Assistant Commandant of PMA cadets, had been called to 
testify in the ongoing investigation of fraud during the 
Philippines' 2004 presidential election. 
 
3.  (U) Gen. Gudani testified that, as commander of the 1st 
Marine Brigade and concurrent commander of Joint Task Force 
Lanao (Mindanao), he had seen vote-buying and other 
irregularities aimed at ensuring Arroyo's re-election in 
2004.  He also testified that an unnamed friend of his had 
helped the President's husband, Jose Miguel Arroyo, 
personally deliver bundles of money.  Gudani claimed he was 
told that an estimated 500 million pesos (approximately $9 
million USD) was sent to Mindanao for vote buying, though he 
declined to identify his source.  Balutan corroborated 
Gudani's testimony. 
 
4.  (U) Gudani's and Balutan's testimony appears to have 
violated Executive Order 464, which prohibits administration, 
military, and police officials from testifying in Senate and 
House hearings without the permission of the President.  E.O. 
464 was issued on September 28, the day of the Senate 
hearing.  AFP Chief of Staff Generoso Senga responded swiftly 
and decisively to Gudani's and Balutan's testimony.  Citing 
the Executive Order, Senga relieved Gudani and Balutan of 
their posts and stated that they would face court-martial 
proceedings. 
 
5.  (C) Comment.  Gudani is identified with the Opposition in 
general and Opposition Senator Rodolfo Biazon, a former AFP 
Marine General and the chairman of the hearing, in 
particular.  Given his association with the Opposition, his 
hearsay testimony, and his failure to come forward with this 
information 16 months ago, his motives and veracity could be 
questioned.  Indeed, Malacanang has begun to cast aspersions 
on his testimony for these very reasons.  At the same time, 
however, it must be noted that Malacanang announced the 
Executive Order forbidding such testimony only after Gudani's 
appearance at the Senate hearing.  Opposition Senators have 
vowed to challenge both its constitutionality and its 
apparent retroactive implementation.  It is unclear what the 
larger impact on Philippine politics, and the AFP's role in 
it, might be.  End Comment. 
 
Visit Embassy Manila's Classified SIPRNET website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
 
You can also access this site through the State Department's 
Classified SIPRNET website: 
http://www.state.sgov.gov/ 
 
JOHNSON