Thursday, August 09, 2007 Court okays mutineer's temporary release from jail
A MAKATI court hearing the coup d'etat case of the Magdalo group on Wednesday granted the request of one of the group's core leaders for a weeklong furlough for "humanitarian consideration."
Makati Regional Trial Court (RTC) Branch 148 Judge Oscar Pimentel granted the request of Marine Captain Gary Alejano two days off from detention to attend to his expectant wife in their hometown in the province of Tarlac.
"Giving due considerations to what have been stated by the prosecution and the manifestation of the accused and because of humanitarian reasons, the Court finds merit in the August 3, 2007 Manifestation and Motion filed by the accused," said Pimentel in his ruling.
He gave Alejano two days off that would take effect from 1 p.m. of Aug. 10, 2007 until 5 p.m. of Aug. 12, 2007 to go to their hometown of Tarlac, particularly in his residence at the LC Compound, Rolling Hills, San Nicolas town.
But the court set the following conditions for Alejano: There shall be no itinerary except the Marine Brigade at Fort Bonifacio, Taguig to his residence; that his custodians provide him with adequate security escorts; that he shall not be allowed media interviews nor issue any inflammatory statements against the government; and that he must be back at his detention cell on the date manifested by the court.
Pimentel also ordered Alejano to submit a report regarding his compliance with the conditions not later than three days from August 12.
Aside from asking the court "paternity leave", Alejano said he will also use the time allowed him outside his detention cell to attend to the baptism of his newborn child which he added his family is planning to hold.
A medical certificate from the Manila Naval Hospital signed by gynecologist Jose Arcellana who examined Alejano's wife, Minerva, on July 9 showed she is set to deliver birth between July 26 to August 5.
It was the third child of the couple as a twin was born to them in 2004.
According to Reynaldo Robles, Alejano's lawyer, his client would comply with whatever security measures imposed by the authorities.
"Herein accused is ready and willing to subject himself to such reasonable security measures and requirements which the Department of Justice (DOJ). His custodians and the Honorable Court may impose as proper and appropriate under the circumstances," said Robles.
The DOJ through Assistant Prosecutor Juan Pedro Navera said they will not oppose Alejano's motion citing humanitarian reasons although he said there should be adequate security for the accused especially since the area would be outside Metro Manila.
When allowed outside their detention cell during court hearings, authorities deployed about 300 soldiers from the Army, Navy, Marines and Air Force to secure Alejano and the 30 other junior officers accused of participating in the short-lived takeover of Oakwood Hotel Premiere on July 27, 2003.
Alejano was one of the alleged ringleaders of the Magdalo group which includes former Navy lieutenant senior grade now Senator Antonio Trillanes IV, Navy Lieutenant Senior Grade James Layug, Marine Captain Nicanor Faeldon and Army Captains Gerardo Gambala and Milo Maestrocampo.
Gambala and Maestrocampo have since renounced their ties with the group.
Aside from the coup d"etat case, the accused are also facing charges of violation of Article of War 96 (Conduct Unbecoming of an Officer and Gentleman) before a military court martial. (AH/Sunnex)
