Saturday, November 08, 2003
DOJ drops coup raps vs 290 Oakwood mutineers
By Benjamin B. Pulta
THE Department of Justice (DOJ) ordered the dismissal of criminal charges against 290 military officers involved in the July 27 uprising in Makati City.
The DOJ however ordered the indictment of 31 officers in connection with the failed rebellion.
The 31 leaders include Capt. Gerardo O. Gambala, Lt. SG Antonio Trillanes IV, Lt SG James A. Layug, Capt. Garry C. Alejano, Capt. Milo Maestrecampo and Capt. Nicanor E. Faeldon.
In a 23-page resolution, Chief State Prosecutor Jovencito Zuņo ordered the filing of criminal charges against certain military officers before the Makati Regional Trial Court (RTC), including several John and Jane Does.
Zuņo said the officers to be charged "showed open hostility to the government, with the end in view of toppling the same, removing allegiance thereto and certain bodies of the AFP and the PNP."
Zuņo added that the rebel officers "deprived President Arroyo, wholly or partially, of her powers and prerogatives, thus diminishing the general powers of the State."
The case will be returned to Makati RTC Branch 61 Judge Romeo Barza, to whom the original case was filed before the respondents were granted a reinvestigation by the court.
Zuņo used a sworn affidavit by Col. Enrique A. Cabos, chief of the investigation division of the Armed Forces Office of the Inspector General, as basis for his directive.
Cabos, in his affidavit, said the Oakwood incident "was part of a larger planned and coordinated swift attack accompanied by violence, intimidation, threat, strategy or stealth directed against duly-constituted authorities of the Philippines for the purpose of overthrowing the duly-constituted government of President Arroyo."
The prosecutors echoed Cabos' claim that the grand plan and its execution were orchestrated by a number of active and retired military officers and enlisted members of the AFP.
Cabos identified the leaders of the uprising as Sen. Gregorio B. Honasan, Capt. Felix Turingan, Col. Tito Legaspi, Col. Dante Bernate, Col. Melchor A. Acosta, Col. Arsenio C. Santos Jr., Capt. Andy Gauran ,Col. Herbert Avinante, Col. Pompeo Limbo and Lt. Col. Demy Tejares.
Meanwhile, a separate case for violation of the Articles of War filed against the 290 soldiers is pending before the Armed Forces Judge Advocate's General's Office (Jago).
(November 8, 2003 issue)
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