Thursday, November 01, 2007 26 soldiers in coup plot to appeal dismissal
THE 26 soldiers who have been ordered dishonorably discharged from service last week by the Army leadership for involvement in last year's failed plot to overthrow the Arroyo government are going to appeal the dismissal, their lawyer said.
Vicente Verdadero said they would soon forward to Army Chief Alexander Yano a letter of appeal or motion for reconsideration for the Army chief's decision, citing errors in ordering the dismissal of the soldiers from the elite First Scout Ranger Regiment.
"I will file a letter of appeal, a motion for reconsideration. (There are) errors committed by the Philippine Army, there are many other errors, violation of Circular 17," said Verdadero, who has volunteered his services to the soldiers.
Verdadero is the lawyer of former Scout Ranger commander Danilo Lim, one of the 28 Army and Marine officers who are facing trial by court martial for mutiny, among other offenses, in connection with the failed withdrawal of support from President Gloria Macapagal-Arroyo.
Yano discharged the soldiers, invoking Circular 17 that empowers him to dismiss enlisted personnel before their Estimated Termination of Enlistment due to "preponderance of evidence" for mutiny and conduct prejudicial to good order and military discipline.
The soldiers were intercepted by members of the Army's 9th Infantry Division in Sipucot town in Camarines Sur on the night of February 24. Officials said the soldiers attempted to proceed to Manila to join the group of Lim at the Edsa Shrine in withdrawing support from the President.
Verdadero has said the soldiers were supposed to go to the Army headquarters at Fort Bonifacio in Taguig City on the order of their operations officer, Major Oriel Pangcog who had been incidentally cleared of the charges.
"That is not the proper way to discharge enlisted personnel as provided in their own regulation," said Verdadero of the soldiers who have been released from Army custody.
Asked if he was optimistic Yano would reconsider his decision and acknowledge that there were errors in his order to discharge the soldiers, Verdadero said: "That is really the process. Anyone who committed a mistake should be given a chance to correct his fault."
On Tuesday morning, Verdadero met with the Army's judge advocate general, Colonel Gilberto Roa, and the Army deputy inspector general at the Army headquarters in Fort Bonfiacio to be enlightened why Yano discharged the soldiers.
"According to them, they already conducted the investigation immediately after the 26 were apprehended. According to them, upon their apprehension they were brought to the headquarters, their mother unit, the 9th Infantry Division that is in Pili, Camarines Sur where there statements were taken," he said.
Verdadero said the soldiers were asked why they attempted to go to Manila and who gave the orders "and the enlisted personnel explained." The soldiers were last detained at Camp Capinpin in Tanay, Rizal prior to their discharge.
When asked what the group of Roa told him as the Army's basis for discharging the soldiers, Verdadero said: "That is a very wonderful question. Again, like I said, there is no basis. Apparently, what Colonel Roa told me is that all their bases were the statements given by the 26 soldiers." (VR/Sunnex)
