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Saturday, November 08, 2003
DOJ drops coup raps v. 290 Oakwood mutineers
By Benjamin B. Pulta
MANILA -- Government prosecutors ordered Friday the dismissal of criminal charges against 290 soldiers originally accused of mounting a failed coup attempt last July.
The DOJ, however, ordered the indictment of 31 officers in connection with the failed rebellion.
The 31 leaders include Capt. Gerardo O. Gambala, Lt. SG Antonio Trillanes IV, Lt SG James A. Layug, Capt. Garry C. Alejano, Capt. Milo Maestrecampo and Capt.Nicanor E. Faeldon.
In a 23-page resolution, Chief State Prosecutor Jovencito Zuņo ordered the filing of criminal charges against certain military officers before the Makati Regional Trial Court (RTC), including several John and Jane Does.
Zuņo said the officers to be charged "showed open hostility to the government, with the end in view of toppling the same, removing allegiance thereto and certain bodies of the AFP and the PNP."
Zuņo added the rebel officers "deprived President Arroyo, wholly or partially, of her powers and prerogatives, thus diminishing the general powers of the State."
The case will be returned to Makati RTC Branch 61 Judge Romeo Barza, to whom the original case was filed before the respondents were granted a reinvestigation by the court.
The sworn affidavit by Col. Enrique A Cabos, chief investigation division of the AFP-Inspector General's Office, was used by the DOJ as basis for the dismissal of the charges.
Cabos, in his affidavit, said the Oakwood incident "was part of a larger planned and coordinated swift attack accompanied by violence, intimidation, threat, strategy or stealth directed against duly-constituted authorities of the Philippines for the purpose of overthrowing the duly-constituted government of President Arroyo."
The prosecutors echoed Cabos' claim that a number of active and retired military officers and enlisted members of the AFP orchestrated the grand plan and its execution.
Cabos identified the leaders of the uprising as Sen. Gregorio B. Honasan, Capt. Felix Turingan, Col. Tito Legaspi, Col. Dante Bernate, Col. Melchor A. Acosta, Col. Arsenio C. Santos Jr., Capt. Andy Gauran, Col. Herbert Avinante, Col. Pompeo Limbo and Lt. Col. Demy Tejares.
Zuno said the charges of involvement in a "coup d'etat" were dropped either for "insufficiency of evidence" or because the soldiers said they were only fooled into joining the short-lived July 27 mutiny.
"They were misled into joining. They were only following orders of superior officers," Zuno said.
All 321 soldiers, including the 290, still face administrative charges, he told reporters.
During the mutiny, the renegade soldiers strung explosives around an upscale condominium in the Makati financial district and demanded the resignation of President Arroyo and other top officials.
Having failed to rally public support and more military units to their side, the rebels surrendered about 20 hours later under threat of annihilation.
Earlier this month, Arroyo ordered 133 soldiers freed, saying they were deceived by their officers into joining the mutiny.
Zuno said he believes the 133 soldiers who were ordered freed by Arroyo were among the 290 who had charges against them dropped.
The prosecutors' decision came amid renewed fears that military adventurists may launch another power grab to take advantage of a looming constitutional crisis created by the attempts of opposition-led congressmen to impeach Supreme Court (SC) Chief Justice Hilario Davide.
However, Zuno brushed aside speculation that the charges were being dropped in order to mollify the military.
"As far as the Department of Justice is concerned, they only decided on the basis of evidence," Zuno said.
Meanwhile, a separate case for violation of the Articles of War filed against the 290 soldiers is pending before the Armed Forces Judge Advocate's General's Office (Jago).
(November 8, 2003 issue)
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