Friday, March 07, 2008 Cimatu confirms 'gentleman's agreement'
FORMER Armed Forces chief now Middle East special envoy Roy Cimatu took the witness stand during Thursday's hearing of the coup d'etat case against the Magdalo soldiers and told the Makati Regional Trial Court (RTC) that he received orders to negotiate with the mutinous soldiers from then executive secretary Alberto Romulo.
Cimatu likewise confirmed he was the official government negotiator tasked to talk to the Magdalo soldiers led by then Navy Lieutenant Senior Grades Antonio Trillanes IV and James Layug, Marine Captain Gary Alejano, and Army Captains Gerardo Gambala and Milo Maestrocampo who seized the Oakwood Hotel Premiere at Makati's central business district last July 27, 2003.
The existence of the so-called "gentleman's agreement" was the subject of much argument between the defense and the prosecution panel with the former saying the government has reneged on its promise under the agreement not to indict the accused.
Cimatu, aside from confirming the existence of the agreement, also said that under the agreement, the accused will only be admonished under the military court-martial for violation of the Articles of War, according to defense lawyer Reynaldo Robles.
"He (Cimatu) not only confirmed that there was indeed an agreement but said the soldiers would undergo proceedings under the military justice system," Robles said quoting the former military chief's testimony before the sala of Makati RTC Branch 148 Judge Oscar Pimentel.
He also said Cimatu did not categorically identify Trillanes, Layug, Alejano, Gambala, and Maestrocampo as the core leaders of the Magdalo group.
Quoting Cimatu's account, Robles said the former Middle East envoy believed that the agreement was binding and would be honored by both sides.
"He said it was an honorable commitment, a binding agreement and honored by the government," he said of Cimatu's testimony.
Aside from this, Robles said Cimatu's account that he was given orders by Romulo only bolsters their case that it has the blessings of President Gloria Macapagal-Arroyo.
"As an alter ego of the President (referring to Romulo) it is not a stretch of imagination to say it has the blessings of Malacañang," he said adding that he also attested that he submitted a recommendation to the President of the agreement reached.
Cimatu told the court that the negotiation which took about two hours and the agreement was concluded with a handshake and a salute among the participants.
Aside from Cimatu, also on the government's panel were former Army Scout Ranger regiment commander Danilo Lim, Air Force Brigadier General Nestor Oban, Commodore Feliciano Ange and the late Star publisher Paximo Soliven, the only civilian member of the panel.
On the Magdalo side were Trillanes, Layug, Alejano, Gambala and Maestrocampo.
Lim, Oban and Ange testified in court and confirmed the existence of the agreement. They said the agreement was not reduced into writing.
But State Prosecutor Juan Pedro Navera said the agreement has no bearing on the case as its existence does not preclude the Department of Justice (DOJ) from filing cases against the mutinous junior officers.
As to Cimatu's testimony, he said the former general never categorically said that accused will not be charged in civilian courts although the soldiers were told they would undergo court martial proceedings.
"He only confirmed there was discussion on whether they would be prosecuted only under the military court martial system," he said.
Navera said the agreement should be seen in the context of the government's effort to resolve the conflict peacefully adding that legal issues such as whether the accused would be charged in civilian courts was not discussed during the negotiation.
He also said Cimatu admitted they have no knowledge on legal issues and proceedings on civilian courts.
As to the issue of the leaders of the Magdalo, Navera said it was already settled as Cimatu told the court he was given a sheet of paper by Trillanes with the name of the leaders the government panel can talk to which include the neophyte senator, Layug, Alejano, Gambala and Maestrocampo.
Cimatu's testimony was deferred three times since late last year due to his busy schedule as Middle East envoy.
During the last hearing on February 21, Pimentel was prompted to cut short the proceedings due to his absence. (AH/Sunnex)
