Friday, April 11, 2008 Court orders release of mutineer
A MAKATI court has ordered the Armed Forces of the Philippines (AFP) to release from detention Magdalo member 1st Lieutenant Lawrence San Juan who was facing coup d'etat charges for his participation in the failed 2003 Oakwood mutiny.
Four other Magdalo members, 1st Lieutenants Warren Lee Dagupon, Von Rio Tayab, Audie Tocloy, and Rex Bolo, are also set to post bail, according to Assistant Chief State Prosecutor Richard Anthony Fadullon.
During Thursday's resumption of the hearing at the Makati Regional Trial Court (RTC) Branch 148, Judge Oscar Pimentel directed the Philippine Army (PA) which has custody of San Juan to immediately cause the release of the officer.
"The Commanding Officer, 15th Intelligence Security Group (ISG), Philippine Army, Fort Bonifacio, Makati City is hereby ordered and directed to release from detention ad his custody the person of the accused 1st Lieutenant Lawrence San Juan 0-12436 (Infantry), said accused having filed the required personal bail bond in the amount of P100,000 issued by First Integrated Bonding and Insurance Corporation dated April 3, 2008 with the corresponding clearance stamped by the Office of the Clerk of Court for his provisional liberty," Pimentel said in his order.
"Accordingly, the provisional liberty of the accused is hereby granted unless said accused should be detained for some other lawful cause," the judge added.
The prosecutor said San Juan is already undergoing processing of documents and medical exams prior to his release.
In 2006, two of San Juan's co-accused, former Navy Petty Officers Julius Mesa and Cezari Yasser Gonzalez, were released from detention after they also posted bail.
But the two were detained at the Philippine National Police (PNP) Custodial Center after they participated in last year's Manila Peninsula standoff. They were later charged with rebellion before another Makati court.
Pimentel has granted the motion for bail filed by San Juan and his co-accused last July 2004 but the court denied a similar petition of then Navy Lieutenant Senior Grade now Senator Antonio Trillanes IV and Army Captains Gerardo Gambala and Milo Maestrecampo after the Department of Justice (DOJ) was able to establish enough evidence that the three were the leader of at least 300 troops who seized the Oakwood Hotel Premiere at Makati's central business district on July 27, 2003 in protest of alleged corruption in the government and the military.
The court said San Juan was only a "mere participant" in the Oakwood incident.
He escaped from military custody along with other Magdalo members, 1st Lieutenants Nathaniel Rabonza, Sonny Sarmiento and Patricio Bumidang on January 17, 2006 but was recaptured a month later in the Batangas province reportedly after meeting with communist leaders plotting another move against the Arroyo administration.
Prior to his involvement in the Oakwood incident, San Juan head the US-trained Light Reaction Company (LRC), one of the elite units of the AFP.
But the military refused to release him saying he still has to face the court martial proceedings for violation of Article of War (AW) 97.
San Juan, along with Maestrecampo, Gambala and other accused, mostly belonging to the Army, has entered into a plea bargain with the military court martial and admitted to conduct unbecoming of an officer in return for the dropping of the more serious offenses.
The offense is punishable with dishonorable discharge from military service.
Gambala and Maestrecampo were sentenced last April 8 to 40 years in prison while seven other junior officers were meted six to 12 years in prison.
Two other core Magdalo leaders, Navy Lieutenant Junior Grade James Layug and Marine Captain Gary Alejano, were also in detention along with Trillanes who ran and won as a senator in last year's mid-term elections. (AH/Sunnex)
