A MILITARY general court martial on Thursday convicted and sentenced to discharge from the service 11 junior officers implicated in the July 27, 2003 Oakwood mutiny for a charge of conduct unbecoming of an officer and a gentleman.
The 11 were Captains Gary alejano and Segundo Orfiano; Lieutenant Senior Grades Andy Torrato, Eugene Louie Gonzales, James Layug and Manuel Cabochan; Lieutenant Junior Grade Arturo Pascua Jr.; Lieutenants Jonnel Sangalang, Francisco Ashley Acedillo and Billy Pascua; and Ensign Armand Pontejos.
"The 11 accused officers listed below are adjudged guilty beyond reasonable doubt. Wherefore, premises considered, this general court martial, after deliberations in executive session held in chambers and upon secret ballot adjudges the following (accused officers) to be guilty beyond reasonable doubt," said the verdict, read by the court's president Major General Nathaniel Legaspi.
The verdict came a month after they changed their plea to the charge (violation of Article of War 96). The sentence also came 17 days before the fifth year anniversary of the Oakwood incident.
"The 11 accused AFP (Armed Forces of the Philippines) officers listed above are sentenced to be dismissed from the military service pursuant to Article 96 of the Articles of War," said Legaspi, adding that the court cannot consider the request of the officers' lawyers to consider as mitigating circumstances their voluntary surrender and changing of plea.
"Premises considered, this court finds that there is a single mandatory indivisible penalty for the military offense covered by Article of War 96. For this reason, the court cannot possibly grant the request made by the defense counsel to consider anyone or more mitigating circumstances in favor of the 11 accused AFP officers listed above," he said.
"Wherefore, sentence is hereby imposed upon the 11 accused AFP officers listed above. Premises considered, after deliberations in executive session held in chambers and upon secret written ballot, this general court martial voted unanimously and hereby imposed the following sentence on the 11 accused AFP officers listed above to discharge from the military. The 11 accused AFP officers listed above are sentenced to be dismissed from the military service pursuant to Article of War 96," he said.
Legaspi said the verdict will become final and executory upon approval by President Gloria Macapagal-Arroyo, the military's Commander-in-Chief. He also said it is up to the President whether or not to stop the payment of pay and allowances for the officers. (VR/Sunnex)
