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Saturday, September 25, 2004
Oakwood mutiny leaders says sorry to Gloria
By Jonathan F. Fernandez and Benjamin B. Pulta

* Cases v. rebel soldiers to go on despite apology but they will be reinstated

* DOJ's Gonzalez's wary of leniency for rebel soldiers


LEADERS of the Oakwood Mutiny in July 2003 apologized Friday to President Arroyo for what they have done and the damage to the economy as a result of their failed rebellion.

Army Capt. Gerardo Gambala, one of the leaders of the Oakwood mutineers, read a statement of apology in behalf of the other members of Magdalo Group during a press conference held in Camp Aguinaldo, Quezon City. The President was beside Gambala when he read his group's statement.

Aside from Gambala, Army Capt. Milo Maestrecampo, Navy Capts. Gary Alejano, Nicanor Faeldon and Navy Lts. SG Antonio Trillanes and James Layug were also present.

Arroyo accepted their apology and ordered them reinstated.

Gambala said for the past 14 months they have been detained, they have realized that rebellion was not the answer to the country's problems.

"We have realized that while our country is facing serious problems, there are no short cuts in solving them. On the contrary, the road to peace and progress is a long and difficult journey where every Filipino has the responsibility of sharing the burden.. We have concluded that the only way to achieve this is for our people to be united in moving towards our vision," he said.

Gambalo offered their group's unequivocal commitment to peace and reconciliation with the Arroyo administration as he enjoined others to do the same to finally complete the nation's healing process.

President Arroyo, for her part, said it is time to put hurts behind and to let go of whatever ill feelings that resulted from the Oakwood incident.

"I bear no rancor over the past and it is time to take the high road of national solidarity and nation-building. Yet as Commander-In-Chief, I am duty-bound to exercise a sense of fairness and justice in these matters," she added.

Arroyo said the Magdalo officers would be reinstated and given pardon but in accordance with the law.

Arroyo said the rebellion charges filed against the Oakwood mutineers would still go on. She directed Armed Forces Chief Narciso Abaya to move the military justice system and resolve the cases of the Magdalo members with dispatch.

Gambala also apologized to former defense secretary now Interior Secretary Angelo Reyes, former Armed Forces intelligence chief Victor Corpus and former PNP chief now National Security Adviser Hermogenes Ebdane.

The Magdalo group accused Reyes and other military officials of selling of arms and ammunition to the Abu Sayyaf Group and other enemies of the state as well as micromanagement and patronage in the Department of National Defense (DND). They implicated Reyes in the Davao bombings, which killed several innocent civilians.

Corpus was also implicated in the Davao bombings while Ebdane was linked to the escape of the Indonesian terrorist Fathur Rohman al-Ghozi.

Meanwhile, Justice Secretary Raul Gonzalez Sr. said any leniency for the Oakwood mutiny leaders must be given cautiously to prevent sending wrong signals to like-minded members of the military.

Gonzalez however said the apology by the rebel soldiers may have a favorable effect for the soldiers who are facing rebellion and coup d'etat charges before the lower courts.

He pointed out that the government's peace process initiative will largely dictate the administration's next move. "Everything will depend on national security". "If we can talk peace with MILF, why not talk also with the misguided soldiers," he added.

But Gonzalez is wary of any condonation in the prosecution of the soldiers, which may be misinterpreted. "History has shown that adventurous soldiers appear to be incorrigible," Gonzalez said.

But he quickly added, "in the process of bringing together the nation those things could be overlooked".

"One of the thrusts of the President is reconciliation but considering the gravity of what they did and the violations of the Articles of War and other laws, this has to be studied."

Gonzalez said he does not think the President will give instructions that are against the law."

Last November, prosecutors ordered the dismissal of criminal charges against 290 soldiers originally accused of mounting the failed coup attempt.

The Department of Justice (DOJ) however continued with 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.

The cases are pending before the Makati Regional Trial Court (RTC) Branch 61 Judge Romeo Barza, where the original case was filed before the respondents were granted a reinvestigation by the court.

The sworn affidavit by Col. Enrique A, Cabos, chief of the investigation division of the Armed Forces Inspector General's Office, was used by the DOJ as basis for the dismissal of the charges.

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 a number of active and retired military officers and enlisted members of the Armed Forces orchestrated the grand plan and its execution.

Cabos identified the leaders of the uprising as former 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.

All 321 soldiers still face administrative charges.

During the mutiny, the renegade soldiers strung explosives around an upscale condominium in the Makati financial district and demanded the resignation of President Arroyo and other top officials.

Having failed to rally public support and convince military units to their side, the rebels surrendered about 20 hours later under threat of annihilation.

Arroyo last November ordered 133 soldiers freed saying they were deceived by their officers into joining the mutiny.

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).

(September 25, 2004 issue)
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