by Ashzel Hachero and Evangeline de Vera
Two generals yesterday said government negotiators and junior military officers who staged the Oakwood mutiny in July 2003 forged a “gentleman’s agreement” that only five of the core leaders of the Magdalo group would be charged for the mutiny.
Commodore Feliciano Ange, commander of the Ready Force of the Philippine Fleet, and Brig. General Eduardo Oban, commander of the Air Force Air Defense Wing based at Villamor Air Base, took the witness stand at the Makati regional trial court which is hearing the coup d’état case of the mutineers led by now Sen. Antonio Trillanes IV.
Defense lawyers have said government reneged on the agreement.
The government negotiators were led by then AFP chief Roy Cimatu.
Cimatu, now a special envoy to the Middle East, did not appear in the hearing as he was in Somalia. He is set to testify on November 22.
“Yes, there was a gentleman’s agreement. The final agreement was that the five officers who formed the core leaders of the unauthorized soldiers at the Oakwood Hotel Premiere would take the brunt of the offense committed while the rest would be meted Articles of War 105 proceedings,” Ange told the court.
AW 105 is on the disciplinary power of commanders, including detention of subordinates who are subject of investigation.
Ange identified the five leaders as Trillanes who was then a Navy lieutenant, Navy Lt. (s.g.) James Layug, Army Captains Gerardo Gambala and Milo Maestrecampo, and Marine Captain Gary Alejano.
Ange and Oban did not name the sixth known core leader – Marine Capt. Nicanor Faeldon.
Asked to clarify what he meant by “to take the brunt of punishment,” Ange said, “I understand it means whatever punishment commensurate to their offense.”
Ange recounted he was summoned by a superior officer from his hospital bed where he was recuperating from dengue to report to Camp Aguinaldo on the morning of July 27, 2003. There he met with Brig. Gen. Danilo Lim, then commander of the Army’s Scout Ranger Regiment, Commodore Tirso Danga, Oban, Cimatu and the late Star publisher Maximo Soliven.
Danga, now retired, was camp commander of Camp Aguinaldo during the mutiny.
They later formed the government panel that convinced the mutineers to return to barracks.
He said he does not know where exactly the instructions for him to go to Oakwood originated. But he said he understood it came from then AFP chief Narciso Abaya.
On cross-examination by Assistant Chief State Prosecutor Richard Anthony Fadullon, Ange said the agreement was not put in writing. But as “gentleman and as military officers,” it is as binding as a written agreement.
“I am not aware of any document I signed. As far as I know it’s a gentleman’s agreement sealed with a handshake between and among gentleman-officers. It’s as binding as a written one,” he said.
Oban corroborated Ange’s account of the negotiation. He also said he received an order from his superior at the time, Maj. Gen. Reynaldo Rivera, to proceed to the Oakwood hotel after he reported to him that Air Force Capt. Segundino Orfiano, one of the Magdalo officers, called him up and asked if he could go to the hotel.
“General Rivera, my immediate superior ordered me to go to the hotel upon orders from General Abaya,” he said.
Fadullon belittled their testimonies and said the agreement does not preclude the Department of Justice, as the prosecutorial arm of the government, from initiating and proceeding with the case.
Earlier, Rene Saguisag, counsel of 1st Lt. Nathaniel Rabonza, said a written agreement was forged during the negotiation as attested by Soliven in his column at the Philippine Star.
He later asked the court to summon President Arroyo, Lim or a representative of Philippine Star to attest to the existence of the agreement.
Saguisag was involved in an early morning vehicular accident in Makati that killed his wife, Dulce, and injured him and two others.
Meanwhile, the Court of Appeals questioned the detention of Marine Col. Ariel Querubin without charges.
Querubin has been tagged by government as a leader of the supposed attempt to grab power from government in February last year.
He is detained in camp Capinpin in Tanay, Rizal along with 27other Marine and Army officers including Lim.
The court martial proceedings against the 28 officers started in December last year but the officers have yet to be arraigned.
During the hearing on the petition for habeas corpus filed by Querubin’s wife, Maria Flor, justices of the CA Fifth Division said court martial proceedings against Querubin and his co-accused have been going on for a year now, but the military has yet to impute any charge against him.
Querubin’s lawyer Sigfried Fortun said Querubin has not been formally charged because respondent Armed Forces chief Gen. Hermogenes Esperon Jr. has yet to sign the pre-trial advice which would be the basis of court martial proceedings.
Since there is no basis for court martial proceedings against Querubin, then there is no basis for his detention, Associate Justice Noel Tijam said.
The court also said that if the military could not ascertain how long its investigation process will go on, it is only proper to allow Querubin to post bail.
“So soldiers have less pay and less rights? Why don’t you allow them to post bail? Soldiers, too, have civil rights under the constitution,” Tijam said.
But Assistant Solicitor General Amparo Tang said Querubin and the other alleged coup plotters have limited rights.
“Soldiers enjoy the same right but not to the same degree as private individuals,” she said.
Tang further said there were delays in court martial proceedings because of the numerous motions and petitions that Querubin filed. – Ashzel Hachero and Evangeline de Vera
In a way, I can very well believe what Assistant Solicitor General Amparo Tang said, “Soldiers enjoy the same right but not to the same degree as private individuals.”
But the overriding principle that they have human rights must be upheld.
Wala na lang sigurong maikatuwiran itong si Asst Solgen Tang when she said the alleged plotters have limited rights. Mayroon bang limited rights na tinatawag before the law? Di ba dapat pantay pantay sa mata ng batas kaya nga it is supposed to be blindfolded? Hindi naman pwedeng sabihing mga tanga ang mga ito.
The government lawyers should also take cue from what we read about the latest news from Pakistan in its current turmoil. It says, lawyers are emerging as Pakistan’s political conscience.
“So soldiers have less pay and less rights? Why don’t you allow them to post bail? Soldiers, too, have civil rights under the constitution,” (Justice) Tijam said.
“But Assistant Solicitor General Amparo Tang said Querubin and the other alleged coup plotters have limited rights.”
“Soldiers enjoy the same right but not to the same degree as private individuals,” she said.
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So what does she mean? Pag nag-piyansa ang sundalo kalahating katawan lang ang ilalabas? Or maybe, if they post bail, they will be free MWF or TTH, or weekends only?
Tiyanak and her minions are not known to adhere to any “gentlemen’s agreement” anyway. Wasn’t it the same thing they did to General Miranda? There was supposedly a gentlemen’s agreement that he would relinquish his position as long as his men will not be touched? Then Miranda was incarcerated alongside with his men. I do not think the word “gentlemen” is in their vocabulary.
I guess expecting GMA, being the Commander in Chief, to step in and issue “executive clemency” for these soldiers is too early as they have not been convicted yet, but then again, a conviction would mean a “guilty” record for these men. Or maybe even, too much?
On your very first day when you enter the covered court, you see the words “FROM THIS HALL SHALL EMERGE THE FUTURE GENERALS OF THE ARMED FORCES FO THE PHILIPPINES.” There is an initial shock as you are weaned off the “civilian antics” but then you realize later on that a society devoid of the divisons of rich or poor, politics, and fear is possible, at least for four years. A place where every word is binding, an upperclassman can “recognize” a plebe ahead of time and keeps it, a plebe can fight it out on the ring or mat with an upperclassman during intrams without fear of repercussions even if he beats the crap out of the latter. Where only the honor violators are “ostracized.” It might have been another shock as these young officers join the regular forces, as the pressures of patronage dictates the rate at which they can be promoted. Where the ones who cannot tolerate violations are the those who are punished.
Its a choice between compliance/compromise or resignation. Several have tried to forget the trauma following disillusion but surprisingly most have come to use the lessons learned from that life changing experience in their “alternative” fields of endeavor.
We cannot also blame the soldiers who stand steadfast with the government, in their eyes, preserving the chain of command is “the honorable” duty as much as “non compliance” to unlawful orders of the incarcerated soldiers. Politics and corruption has polarized our noble profession of arms. In situations like this, the intervention of a strong moral “leader” would have sufficed, but it looks like we are stuck with a weak, insecure, morally bankrupt, Commander in Chief. Even Erap, long considered as probably the most intellectually challenged of all our presidents, would have the sensibility to treat these soldiers with the respect they deserve.
If Puno will just whisper to GMA that it would be “good publicity” image wise to pardon these men, she would do so without batting an eyelash…
Juggernaut,what is there to pardon when there is not even a conviction? You are right in saying that a strong leader could have intervened in critical situations like that of the February 2006 supposed “coup”. But the commander in cheat saw the opportunity to exploit the situation to put away her political foes by declaring 1017. Asspweron took advantage of the situation to secure his cheat of staff position.
It must be a real challenge for these officers to look the other way and simply ignore the wrong just for the sake of the so-called “chain of command”.
parasabayan,
There seems to be an ambiguity on how our soldiers view the concept of “honor.” On the one hand, a strict adherence to the rules of military discipline or “chain of command” (professionalism or my country right or wrong) and the “moral” dimension of rejecting morally unlawful practices/orders, hence withdrawal of support to an oppressive and corrupt authority. In the past this was resolved by the classes, they policed their own ranks, censored each other, as they valued solidarity more than ambition or anything else. Presently, in the obvious absence of a morally upright leadership they may have to draw from this “solidarity” and we may hope the bonds of “mistahs” are as strong as they were during the years in the academy.
Of course, class solidarity has been neutralized in the past by the politicians’ use of “divide and conquer.”
Actually this is the easiest, you just follow orders to the letter, just let your training take over and turn off your conscience. Theoretically these type of soldiers or automatons are very efficient/effective in war because they can kill or torture with impugnity, and even shoot rallyists if ordered. Its easy to rationalize everything you do as “following orders” and be rewarded for it but to listen to your conscience makes you a liability to the chain of command, especially a compromised one. Its easy once you believe in your heart that you are doing the right thing regardless of external pressures.
Thanks for the input Juggernaut. It must me tough for officers with conscience to draw the line of following the “chain of command” and being an upright one. I just hope that the “mistah” culture will neutalize the “divide and conquer” rule they have to contend with in this administration.
I hope that the “solidarity” the officers had when they were in the academy will prevail in these tough times. May the lure of top positions and monetary perks be overcome by the so-called “solidarity” of these officers.
I’ll believe it when it actually happens. Right now, parang lutong-makaw pa rin. Besides, I don’t see anything wrong with what this military men did. So, what about this military/police men that have been seen abducting political activists and simply vanishing, are they going to be charge at all? As in, they just sweep it under the rug?
With Asspweron still running leadership role, I highly doubt his integrity to fulfill any agreement that doesn’t compensate himself.
“It must me tough for officers with conscience to draw the line of following the “chain of command” and being an upright one.” – parasabayan
Soldiers by training and therefore by vocation automatically possess courage but officers stand out as excellent leaders when they have to make a tough choice — the line is drawn between one and the other through the more rare character trait which is moral courage.
That’s where Esperon fails. Physical courage at that level is not the be all of leadership. It is his moral courage that defines him as a true leader.
In Esperon’s case, “It is his LACK OF moral courage that defines him as an UNQUALIFIED leader and military officer.”
Joining the military does not relinquish one’s right to seek the truth- neither does it excuse one from rational thought nor the ability to distinguish between right and wrong.‘I was only following orders’ is never an excuse.The soldier must rise above the socialization that tells them authority should always be obeyed without question. Rank should be respected but never blindly followed. They must realize that this is a fight for their conviction not out of self-defense but by choice, for profit and despotic domination.
The soldier must know that our narrowly and questionably elected officials intentionally manipulated the evidence of electoral results, This corrupt administration uses them for rampant violations. Though soldier wants to do right, the illegitimacy of the occupation itself, the policies of this administration, and rules of engagement of desperate field commanders will ultimately force them to be party to disobedience, they know some of these facts, if not all, in order to act.
Each man must for himself alone decide what is right and what is wrong, which course is patriotic and which isn’t. You cannot shirk this and be a man. To decide against your conviction is to be an unqualified and inexcusable traitor, both to yourself and to your country…’ by this, each and every soldier are responsible for their choices and their actions.The freedom to choose is only one that they can deny themselves.
ADB,
It seems that Esperon has lost all semblance of moral courage and is now just “riding along” the rationaliztion of “following orders” from a superior civilian authority – Commander in Chief GMA. What he may have forgotten (quite conveniently) is that the “civilian authority” as taught in the academy is the FILIPINO PEOPLE, although supposedly represented by the President but the illegitimacy of the sitting one should disqualify her of this “representation.”
Or he may have opted to deliberately “omit” certain aspects of his job so that he has a “way out” later on when things get hot and he can have an “epiphany” like realizing his mistake and is withdrawing his support to …you know what I mean.
cocoy,
Socialization for the military is actually a good thing, for it fosters “civilian rule” to be superior at all times. Unfortunately, we cannot be assured that these civilians who rule have integrity at all times. Even in the past, governors, senators, yes, presidents have sought to use the military in their political pursuits.
This is basically the delima of the “peacetime” military, in war, they can focus on an enemy and be the best at what they do, some even heroic. But in peacetime, they become the expedient arm of the politicians, as promotions and the idea of financial security are oftentimes waved in front of their noses by these people. And of course, these “civilian who rule” actually have the power to make or break one’s military career.
The military can only be an effective force if it does not have to question authority, as it can act rapidly as one to neutralize the enemy, ideally speaking. Unfortunately, we do not live in an ideal world, so how do we deal with the dark forces?
Exposure! Yes, show these corrupt politicians and compromised officers for who they really are and let the military cleanse their ranks as they always have.
Let us upport our military, these are strange times indeed when the protector needs the protection of the ones protected, but only civilians can handle corrupt civilians.
The Oakwood Agreement
The following are the terms of the Oakwood Agreement, which was approved by the so-called Magdalo soldiers and the government represented by Gen. Roy Cimatu (Ret.):
· Only the five (5) leaders named will suffer the consequences of the actions of the whole group at Oakwood. The five (5) are: Cpt Gary Alejano PN(M), Cpt Gerardo Gambala PA, Cpt Milo Maestrecampo PA, LTSG James Layug PN and LTSG Antonio Trillanes IV. All the rest shall only be admonished under the provisions of AW 105.
· There will be an independent investigation on the status of RSBS.
· There will be an independent investigation on the selling of arms and ammunition to the enemies of the state.
· There will be an independent investigation on the bombings in Davao and other areas in Mindanao.
· There will be an independent investigation on the extent of corruption in the AFP.
The agreement was witnessed by Mr Max Soliven, VADM Ruben Domingo, COMMO Tirso Danga, BGEN Danilo Lim, CAPT Feliciano Anggue PN, COL Oban PAF, Usec Abraham Purugganan, and Gen Dionisio Santiago (Ret). The above terms were approved by GMA through a phone call made by Gen Cimatu. As further proof of Malacanang’s approval of the Oakwood Agreement, the terms were broadcasted live on national TV by then AFP Chief of Staff Gen Narciso Abaya before the Magdalo soldiers agreed to stand down.
Starting 29 July 2003 all officers and EP who participated in the Oakwood Incident were detained in direct contravention of the agreement.
A few weeks after the incident, the Maniwang and Feliciano Commissions were created by the government to conduct the investigations as stated in the agreement. Both commissions exonerated both the GMA administration and the AFP of any wrongdoing.
In Aug 2003, two (2) Marine officers testified in the Senate regarding the selling of arms and ammunition to lawless elements in Jolo. In fact, a marine company was even directed by Southcom to transport and deliver the said items to a drop-off point at a roadside. This was admitted by then Southcom Chief LTGEN Padiernos. The tragic irony is that these same guns and ammunition may have been the same ones used against the Marines in the recent clashes in Jolo, which killed at least 12 and wounded more than 20 of them.
In Oct 2006, Defense Sec. Avelino Cruz declared that because of its bankruptcy, the RSBS would shut down its operation.
Whatever became of these independent investigations?
Is Trillanes being isolated (prison) to prevent anyone from digging up these issues? Lets keep these issues alive!
· There will be an independent investigation on the status of RSBS.
· There will be an independent investigation on the selling of arms and ammunition to the enemies of the state.
· There will be an independent investigation on the bombings in Davao and other areas in Mindanao.
· There will be an independent investigation on the extent of corruption in the AFP.
“Lets keep these issues alive!” — Juggernaut
Agree! Fortunately, Ellen has been at the forefront… Did you know that had it not been for her and her constant exposés, MajGen Miranda’s health would have deteriorated and Sen Biazon wouldn’t have unearthed the maccabre existence of incarcerated ordinary soldiers rotting in military prison for the last 2 years without charges, trial and so forth?
Apparently, Esperon thinks they are still in the martial law era. Wake up Esperon and smell the ink on newsprint! We have an independent media now, not just an instrument of government propaganda!
Juggernaut, The Future of Freedom Foundation looks interesting. I’ll go back to your site later and read more of the articles there.
Re: “these are strange times indeed when the protector needs the protection of the ones protected,…”
Strange times indeed!
Re:”Even Erap, long considered as probably the most intellectually challenged of all our presidents, would have the sensibility to treat these soldiers with the respect they deserve.”
You are right. Estrada, maybe because he was conscious that he is “intellectually challenged” always defer to the “experts” . He tried to be law abiding.
His misfortune is that he got wrong advisers. But he tried to abide by the law.
Gloria Arroyo is a different breed. She has no respect for the law and institutions. Someday, she will reap the fruit of her destruction of the country’s democratic institutions.