|
Wednesday, April 09, 2008
Prosecutor: Oakwood mutiny case is 'solved'
MANILA -- With the guilty verdict against nine junior officers belonging to the Magdalo Group, a prosecutor expressed confidence that the case against the rest of the accused in the Oakwood mutiny case, including Senator Antonio Trillanes IV, is solved.
State Prosecutor Juan Pedro Navera said the ruling issued by Makati Regional Trial Court (RTC) Branch 148 Judge Oscar Pimentel boosts their case that the junior officers have committed coup d'etat when they lead at least 300 troops in seizing the Oakwood Hotel Premiere in Makati on July 27, 2003.
Arroyo Watch: Sun.Star blog on President Arroyo
Pimentel handed down 40 years of imprisonment against Army Captains Gerardo Gambala and Milo Maestrecampo for leading the takeover of the hotel.
Related stories:
2 Magdalo leaders get life sentence over Oakwood mutiny
Convicted Magdalo leaders may get pardon
Palace welcomes court ruling v. 9 mutineers
The seven other convicted junior officers were Army Captains Albert Baloloy, John Andres, Laurence Luis Somera and Alvin Ebreo, and 1st Lieutenants Florentino Somera, Cleo Dongga-As, and Kristopher Bryan Yasay. They were sentenced to prision mayor or imprisonment ranging from a minimum of six to eight years to a maximum of 10 to 12 years.
"Considering that Captains Gerardo Gambala and Milo Maestrecampo were proven to be leaders of coup d'etat, the penalty that maybe imposed upon them is the impossible penalty of reclusion perpetua. Thus, even with a mitigating circumstance, the court cannot cover the penalty of reclusion temporal as recommended. Thus, the penalty is reclusion perpetua," the judge said.
Indeterminate sentence law
According to Pimentel, all the accused, who belonged to the Scout Rangers and the Special Forces, elite units of the Philippine Army, are entitled to the "indeterminate sentence law," meaning the time they spend under detention while the case is on trial would be considered in the overall sentence.
"The detention of all the accused shall be credited in their favor in full, considering that there is a certification from the Custodial Management Unit of the Philippine Army that they were accorded treatment as convicted prisoners during their detention," he said.
Hortensio Domingo, lawyer for the nine officers, presented a certification issued by Captain Federico Amboy Jr., commander of the Army Custodial Unit, that all the accused were accorded the treatment as convicted prisoners since 2003.
In finding the officers guilty of coup d'etat, Pimentel said: "The prosecution was able to establish beyond reasonable doubt that all the accused committed the crime of coup d'etat under Article 134-A of the Revised Penal Code with Captain Gerardo Gambala and Milo Maestrecampo being leaders, while the rest are mere participants."
Evidentiary-wise
With the ruling, said Navera, one third of the present case is already solved evidentiary-wise.
He, however, said his statement should not be taken as preempting the court's decision as regards the case against Trillanes and the other remaining accused.
He said they were able to prove beyond reasonable doubt that the accused have conspired and connived with each other when they staged the takeover of the Oakwood hotel.
Presenting at least 22 witnesses that include former Armed Forces chief Efren Abu and voluminous documents, Navera said the court found that the accused committed the crime of coup d'etat punishable under Article 134-A of the Revised Penal Code.
The prosecution panel said the elements of coup d'etat such as swift attack accompanied by violence, intimidation, threat, strategy or stealth directed against duly constituted authorities of the country or any military camp or installation, communication networks, public utilities needed for the exercise and the continued possession of power, and carried out anywhere in the country by any persons belonging to the military or police, or holding any public office and for the purpose of seizing or diminishing state power were present in the case.
The Magdalo soldiers demanded the resignation of President Gloria Macapagal-Arroyo and defense and military officials over allegations of corruption.
Change of plea
For defense lawyers Ernesto Francisco Jr. and Reynaldo Robles, the ruling and the earlier change of plea by the nine officers led by Gambala and Maestrecampo would have no effect whatsoever on the case of their clients.
Francisco served as the lawyer for Navy Lieutenant Senior Grades Eugene Louie Gonzalez, Andy Torrato and Manuel Cabochan; Lieutenant Junior Grade Arturo Pascua Jr.; Marine 2nd Lieutenant Jonnel Sangalang; and Ensigns Armand Pontejos, Julius Mesa and Cesari Yasser Gonzalez.
Robles, on the other hand, is the lawyer for Trillanes.
Francisco even expressed optimism that once they were through with the presentation of their evidence, they could get the accused acquitted of the charges.
Trillanes and the other accused junior officers will continue to present their witnesses during the resumption of the trial on Thursday.
Lesson
Malacañang hoped that the ruling against the nine Magdalo officers would serve as a lesson and a deterrent to future destabilizers and plotters against the administration.
Deputy presidential spokesman Anthony Golez said they welcome and respect the ruling against the Magdalo soldiers, which he stressed, was "rendered under due process."
"Those who committed crimes against the government and the Filipino people must pay the price for their anarchic actions. We hope they learned their lessons well," he added.
Asked if the Magdalo soldiers would be qualified for a presidential pardon in the future, Golez said it is "subject to existing rules on pardon, all convicts may apply for pardon if they are qualified." (AH/JMR/Sunnex)
For more Philippine news, visit Sun.Star Pangasinan. (April 9, 2008 issue)
Write letter to the editor. Click here. |
|
|
|
[return to top]
[home]
|
|
