By Ellen Tordesillas
April 9, 2010
(Lim reading withdrawal of support from Arroyo government)
A military tribunal sentenced on Wednesday to eight months in prison 10 former military officers from the reformist group Magdalo for their their participation in the November 2007 incident at the Manila Peninsula Hotel in Makati City, their lawyer said yesterday.
The 10, led by Magdalo core leaders Lt. (sg) James Layug and Capt. Gary Alejano, were given the light verdict after pleading guilty to all the four remaining charges filed against them before the court headed by Maj. Gen. Eduardo Oban.
The eight other officers were Lts. (sg) Eugene Gonzales, Andy Torrato, Manuel Cabochan; Capt Dan Orfiano; Lt. (jg) Arturo Pascua; and 1Lts. Billy Pascua, Jonnel Sangalang, and Armand Pontejos.
Lawyer Ed Abaya said his clients pleaded guilty to charges of violation of Articles of War 63 (disrespect to the President), 96 (conduct unbecoming of an officer and a gentleman), 97 (conduct prejudicial to good order and military discipline) and 70 (escape from confinement). The charge of mutiny was dropped.
Abaya said he and his clients tried to enter into a plea bargaining agreement, by pleading guilty to one of the charge in exchange for the dropping of the three other offenses, but the prosecution opposed it.
Abaya said the court, in handing down the sentence, credited the detention of his clients since the commission of the alleged crime. The accused actually have been in detention since July 2003 for their participation in what is called Oakwood mutiny.
On November 28, 2007, the ten officers together with Sen. Antonio Trillanes IV and Brig. Gen. Danilo Lim walked out of the hearing of their coup d’etat case at the sala of Judge Oscar Pimentel at the Makati Regional Court and proceeded to the Manila Peninsula where they declared withdrawal of support from Gloria Arroyo.
Last February , Makati Regional Trial Court Judge Elmo Alameda granted the petition for bail of the accused who include Sen. Antonio Trillanes IV, Brig.Gen. Danilo Lim, the ten officers and six former enlisted men saying that what happened in Nov 2007 was not rebellion but simply contempt of court. He set a P200,000 bail for each of the accused.
The six enlisted men were released on bail. Alejano, who is running for mayor in Sipalay, Negros Occidental and James Layug, who is running for congressman in the second district of Taguig city, posted bail but the military took custody of them because of the court martial case. They are now detained at the ISAFP compound in Camp Aguinaldo.
The eight other officers are detained in Camp Crame custodial center.
Trillanes was not included in the court martial case because he was no longer in the military at the time of the Manila Pen incident.
Capt Nicanor Faeldon, who escaped during the Manila Pen siege, was also charged with mutiny and several other charges.
Abaya said the latest development will pave the way for his clients’ eventual freedom. “They are going o go out. Their period of detention is more than two years (since the Manila Peninsula Hotel siege).They should be ordered released, unless there are pending cases before the military tribunal,” he said.
Abaya said the verdict would be referred to Armed Forces chief Gen. Delfin Bangit, the court’s convening authority, for review. Nevertheless, he said he expects the military leadership to uphold the the court’s decision.- with report by Victor Reyes
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http://www.ellentordesillas.com/?p=9594