2 others meted up to 7 years in prison
By Joel Guinto
Inquirer.net
Three alleged leaders of a shortlived uprising in 2003 have been ordered discharged from the service while two of their comrades were sentenced up to seven years and six months in prison after they were found “guilty beyond reasonable doubt” for violating the Articles of War.
Army First Lieutenants Lawrence San Juan, Nathaniel Rabonza, and Sonny Sarmiento were read their sentences during the promulgation of their case on Tuesday.
They were charged with violation of Article of War 96 (conduct unbecoming an officer and a gentleman), which is punishable only with discharge from the military service.
Meanwhile, aside from being dismissed from the service, Army Second Lieutenant Jason Panaligan and Air Force Second Lieutenant Christopher Orongan were also sentenced to seven years and six months in prison.
The two struck a plea bargain with prosecutors and pleaded guilty to violation of Article of War 97 (conduct prejudicial to good order and military discipline), in exchange for the dropping of more serious charges, including Article of War 97 (mutiny), against them.
The court credited the four years, nine months and one day that Orongan and Panaligan served in detention. It cut three years more from their sentence because of three “mitigating circumstances.”
The three circumstances that the court recognized, as proposed by defense lawyers, included the accused officers’ voluntary surrender, their “long period” in detention, and “good behavior.”
In effect, the accused have served their full sentence and would be released as soon as President Gloria Macapagal-Arroyo as commander-in-chief upholds the verdict.
In its ruling on San Juan, Rabonza, and Sarmiento, the court said they “willfully, unlawfully, and feloniously violated their solemn oath and constitutional duty to protect the people” when they seized the Oakwood luxury apartments in the Makati City financial district in July 27, 2003.
The court said the group “attempted to oust the President by force” and “disturbed the peace and tranquility of the nation.”
The law member of the seven-member court, Lieutenant Colonel Ana Escarlan, read the decision. The three officers stood at attention in front of the panel, and saluted the court president, Air Force Brigadier General Nathaniel Legaspi before the verdict was read.
Legaspi read the verdict on Orongan and Panaligan.
Defense lawyer Edgardo Abaya said the court did not specify whether the discharge of the leaders was honorable or dishonorable, since Articles of War, violation of article 96 did not make that distinction.
Abaya said it was up to the President to determine whether the discharge would be dishonorable.
The verdict leaves 17 junior officers left to face court martial over the failed uprising, led by Senator Antonio Trillanes IV, a former Navy lieutenant, and Marine Captain Nicanor Faeldon, who is at large.
Last year, the court discharged 12 Army junior officers, co-accused of San Juan, Sarmiento, and Rabonza.
The 12, led by Captains Gerardo Gambala and Milo Maestrecampo, also pleaded guilty to violating Article of War 96.
Nine of the 12, including Gambala and Maestrecampo, pleaded guilty to coup d’etat before a civilian court and were sentenced to between 12 and 40 years in prison. They have asked for presidential pardon.
Also in 2007, 53 junior officers, co-accused of Orongan and Panaligan, struck a plea bargain with military prosecutors and were also discharged from the service.
In 2005, 184 enlisted men who took part in the Oakwood uprising were sentenced from one- to two-step rank demotion and forfeiture of their salaries.
Buti nga sa kanila, but then, we already know the rest of the story—palabas lang ito para makasuhan ng husto sina Senator Trillanes, et al. Trying hard to have some precedents to base their silly judgment on the more honorable Oakwood mutineers is what this “moro-moro” is all about, especially when in fact there was the agreement to hear their complaints and not charge them of any crime, for there was no crime committed considering the reason why they staged that “mutiny” in the first place.
Sana tinuloy na lang nila talaga. Kung bakit kasi naniwala sila doon sa sinungaling!
Yuko, the Magdalo’s case has become complicated. Please refrain from lumping everyone together.
Lt. Sonny Sarmiento has remained steadfast despite being in solitary confinement for many months. He should be admired for not succumbing to pressures by Arroyo’s henchmen.
I’m confused with the case of Magdalo, nakakaligaw.
San Juan, Rabonza and Sarmiento…were discharged from the military service.
Panaligan and Orongan… were discharged + seven yrs and 6 mo. in prison because they entered a plea bargain. Also, the numbers of years are already considered served and ready to walk out of detention once the commander-in-cheat confirms the sentence.
Ang dami ng involve dito kaya iniisa-isa ko. Bakit lighter yata ang hatol kina San Juan, Rabonza at Sarmiento?
Walang epekto yata ang mga testimonies nina Biazon at Cimatu na ang Oakwood “was not a mutiny”, and that the gov’t of the cheater entered a (verbal?) agreement with the Magdalo.
17 na lang sila na kunsumisyon ni GloriaAsspweron. Hang in there courageous ones, you will be out in due time with honors and dignity intact. “Pardon from evil is not a pardon”
For the Magdalos who suffered so much torture in the hands of GloriaAsspweron but remain loyal to your cause…Godspeed!
for me the magdalos as a group did unmask the totalitarian side of this regime which hides back a democratic facade.that some of its members may have joined spontaneously, or with other agendas or changed their minds under incarceration is not surprising. what is important is their accomplishment as a group and i think they will be remembered as such aside from their greatest single contribution to phil politics, sen trillanes.
Norpil,
The Magdalo’s “greatest single contribution to phil politics, sen trillanes”.
I like that, I like that very much. 🙂
Hello everybody — just got back home after a week from Brittany.
So sad that the Philippine military has been reduced to fractions by the bogus commander and his police dogs, Esperon and company.
Welcome back Anna.
Agree with you wholeheartedly, Norpil.
I’m not lumping up the Magdalo soldiers together, Ellen. I think I have expressed myself well enough to make the distinction as when I wrote “palabas lang ito para makasuhan ng husto sina Senator Trillanes, et al.”
If they have not succumbed to the enticing of the criminal calling herself “President,” so be it.
Thanks, Ellen!
So depressing to read Philippine news but can’t help but read what’s going on in the country under that blasted, hated regime that’s Gloria’s and Esperon’s.
Shame on these people!
Tanim na lang kaya muna tayo ng camote. Huwag sa naiihi-an ng mga dumadaan na mga lalaki. Huwag tanim ng mani, madaling ubosin ng mga dumadaan.
Ang PLA, the chinese army normally help the farmers at planting time. Also transported where needed at harvest time.
Kung gamitin sana ang military natin pagtanim ng kamote, di na sila makaisip pa kumubkub ng nga mga hotels.
With more ex-soldiers out of jail and out of jobs, we just hope there won’t be a fresh string of bank robberies which the police would normally attribute to their kind.
Better if they consolidate themselves for the “unfinished business”.
Tongue, I concur with you on the latter. Now that these soldiers are out, siguro naman they can continue with what they have started when they were in uniform.
The 300 junior officers, almost in the same batches (1990s grads) who staged the Oakwood Seige must be a big loss to the AFP as a whole. A lot of these young officers were really promising officers. Instead of listening to them though, the evil bitch and her CS including her recent Cheat of Staff asspweron went on even bigger corruption! Think about the 2004 election cheating! What these young officers stood against were time and again done by the generals themselves and the illegitimate president who just went on and on with their stealing and lying ways!
Chi: Panaligan and Orongan have a heavier sentence because they had five charges in the court martial but no charge in the civilian court. San Juan, Rabonza and Sarmiento were charged with coup d’etat. When Judge Pimentel granted them bail in 2003, the military charged them with conduct unbecoming so that they could not walk free during trial.
While I understand that Sarmiento has remained steadfast, I think — opinion lang po — his pleading guilty dilutes his commitment. I feel ambivalent about the ones who pleaded guilty because they keep trying to affirm their commitment. But I cannot think this of them because there are others who opt to remain in prison, or, like Capt. Faeldon, continue the fight.
Perspective lang siguro. Those who pleaded guilty are clearly less capable of accepting their own decision to go to Oakwood and take the consequences of their actions. Those who continue the fight are the ones who are truly committed. Wag naman natin kalimutan kung gaanong kalaki yung sakripisyo nung mga naiiwan, by making excuses for those who want out of jail. Kahit na ba hindi nag-sell-out si Sarmiento katulad ni San Juan at ni Maestrecampo, the fact is, hindi pa rin niya nagagawa yung ginagawa nina Trillanes, Layug, Alejano at Faeldon.
Hindi ko minamaliit yung mga nag plead guilty na hindi naman nag sell-out. Pero lets not make excuses for them either. It demeans the sacrifice of the 17 remaining detainees.
fly-by,
Thanks, clear to me now.
Well let’s face it, sino pa nga ba ang sisisihin natin kundi ang ating sarili?
fly-by, I’m not sure if Sarmiento pleaded guilty.
He did Ellen. He would not be sentenced otherwise. Trial has not yet begun, that is why they could avail of the plea bargain. The article says Sarmiento has been sentenced. He cannot be sentenced without a trial if he had not pleaded guilty.
fly-by, I stand corrected. Thanks.
You are right, those who did not plead guilty, are right up on the pedestal for me.
The people would not be able to thank them enough for the sacrifices that they have made for this country.
I was told Sonny Sarmiento pleaded guilty on the charges of conduct prejudicial to public order. Nothing on mutiny or rebellion. Okay na yan.
Magdalo case, ZTE case, and all the criminal acts of this administration were all swept under the rug. The bitch got away with murder again. Imagine, the criminal justice system, the military, the senate and congress are all in her pocket. I still say that the U.S. should jump in and rescue the Filipinos before they drawn.