Breaking News:
Update: Malacañang blocking posting of bail of Trillanes, Lim and 16 other Magdalo officers.
The Makati Regional Trial Court Judge Elmo Alameda granted the petition for bail of Se. Antonio Trillanes IV, Brig.Gen. Danilo Lim, and 16 other military officers and soldiers.
The 18 are facing rebellion charges in connection with the Nov. 2007 Manila Peninsula incident.
Click here for the copy of the order:
Bail order pages 1-4
Bail Order pages 5-8
Bail order pages 9-16
Covered in the order aside from Lim and Trillanes are:
Marine Capt Gary Alejano; LTsg James Layug; LTsg Eugene Gonzales;Ltsg Andy Torrato; LTsg Manuel Cabochan; Air Force Capt Dan Orfiano; LTjg Arturo Pascua;Air Force Lt Billy Pascua; Lt Jonnel Sangalang; Lt Armand Pontejos;
Sgt Julius Mesa;Sgt Cesarie Gonzales;Sgt Emmanuel Tirador;Sgt Herman Linde;Sgt Juanito Jilbury;Sgt Clecarte Dahan
The 18 are detained at the Custodial Center in Camp Crame. They have all been discharged from military service as an offshoot of the July 2003 Oakwood incident where theyare facing coup d’etat in the civilian court.
Lim is running for senator under the Liberal party ticket, Layug is running for congressman in the first district of Taguig, and Alejano is running for mayor of Sipalay, Negros Occidental.
Last month the military court trying the Manila Pen incident dismissed the charge of mutiny. Minor charges like “disrespect of the President”, however remained.
Inquirer stories:
Sen Trillanes, general granted temporary liberty
By Tetch Torres
Detained Senator Antonio Trillanes IV and 17 others who have been charged with rebellion for seizing and taking over a hotel in Makati City in 2007 have been granted temporary liberty by a local court.
Judge Elmo Alameda of Branch 150 of the Makati City court set P200,000 bail each for Trillanes and the 17, including Brigadier General Danilo Lim, who is running for senator in the May elections under the Liberal Party.
Aside from Trillanes and Lim, allowed to post bail were Captain Gary C. Alejano; Lieutenant Senior Grades Eugene P. Gonzalez, James Layug, Manuel Cabochan and Andy Torrato; Lieutenant Junior Grade Arturo Pascua jr.; Captain Segundino Orfiano Jr.; 1Lieutenant Billy Pascua; Corporal Clecarte D. Dahan; Privates First Class Juanito Jilbury, Emmanuel Tirador, German Linde, Julius Mesa, Cesari Yasser Gonzales; 2nd Lieutenant Jonnell P. Sangalan and Ens Armand Pontejos
In the order he signed Tuesday, Alameda allowed Trillanes, Lim, and the 16 military officials to be released while their case for rebellion was being heard in court.
Alameda said the evidence presented by the government, so far, supported the charge of direct contempt of court against the accused, but not the charge of rebellion.
“An actual clash of arms with government forces is not necessary to make one liable of rebellion,” Alameda said in her 16-page decision.
“No direct, material and competent evidence adduced to prove the specific act committed by the accused constituting the crime of rebellion or any of the elements thereof. The walkout from the court, the marching to the Manila Peninsula hotel and the press conference held in the same hotel denouncing the administration of President [Gloria Macapagal-]Arroyo are not sufficient to prove the non-bailable crime of rebellion,” she said.
The walkout staged by the accused in the middle of a hearing for their role in the 2003 mutiny at the posh Oakwood Apartments in Makati could only be considered an act of direct contempt of court and not rebellion, said Alameda.
Citing the Revised Penal Code, Alameda said the elements of rebellion were:
1. That there be a public uprising and taking arms against the government;
2. That the purpose of the uprising is either to remove the allegiance to said government or its laws-the territory of the Philippines or any part thereof or any body of land, naval or other armed forces; or
3. To deprive the Chief executive or Congress wholly or partially of any of their powers and prerogatives.
Alameda said the prosecution failed to prove that all the accused rose publicly and took arms against the government.
“A thorough evaluation of the evidence presented during the entire bail hearing will readily show that the prosecution failed to demonstrate that the evidence of guilt of the accused for the crime of rebellion is strong to foreclose their right to bail,” she said.
“More specifically, the prosecution failed to demonstrate that: a) the accused were involved in public uprising or an armed public uprising by substantial number of rebels; b) the accused took up arms against the government; c) there was a vast movement of men and a complex net of intrigues and plots; d) there was a civil war on a bigger or lesser scale; and e) the Chief Executive was deprived wholly or partially of her powers and prerogatives,” she said.
Alameda also said that while prosecution was able to establish that two of the four assault rifles with loaded magazines where found positive of gunpowder, not one of the witnesses was able to positively identify the owner of the confiscated firearms.
Alameda noted that the testimony of Police Senior Inspector Fernando Reyes, deputy chief of the Philippine National Police (PNP) CIDG-NCR, has no value because although he heard Trillanes call for a withdrawal of support for the Arroyo government, his account was based on a TV monitor that was positioned outside Manila Peninsula.
“Simply stated, the prosecution failed to lay sufficient foundation on the admissibility of his testimony. At most, the prosecution should have presented an authenticated DVD disk showing the footages relating to the testimony of PSI Fernando Reyes,” the court said.
Trillanes, Lim and the 16 military officers are still facing charges for the short-lived mutiny in 2003 and unless they are released on bail in that case, rules of court state that they will have to remain in jail.
******************************************
Trillanes: Granting of bail proves ‘bright spots’ in judiciary
By Abigail Kwok
INQUIRER.net
Senator Antonio Trillanes IV welcomed the court’s granting of temporary liberty for him and 17 other soldiers over rebellion charges, saying the move “proves that there are still bright spots in the judiciary.”
And although Trillanes would have to stay detained over the 2003 mutiny case, he said he was “very happy for my companions as their long awaited freedom is finally at hand.”
“More importantly, this is a victory for our justice system. I thank Judge Elmo Alameda for displaying fairness and impartiality in his decision to grant bail,” Trillanes said in a handwritten statement provided to media at Camp Crame.
Trillanes and the 17 other soldiers are presently detained at the Philippine National Police Custodial Center in Camp Crame, Quezon City.
Alan Tanjusay, spokesman of the Magdalo group, said the atmosphere inside the detention center was “upbeat” and “positive.”
“The mood was festive and upbeat. Normally [the detainees] are low in morale but this time their very positive,” Tanjusay told reporters.
Over lunch of rice, menudo and sisig, the detained soldiers talked about their future plans.
“They are looking forward to their freedom,” Tanjusay said.
Trillanes seeks lower bail bond
By Tetch Torres
INQUIRER.net
Detained Senator Antonio Trillanes IV will ask for a lower bail bond, his lawyer said Wednesday, shortly after a local court granted his petition for bail.
Judge Elmo Alameda of Branch 150 of the Makati City court set a P200,000 bond for Trillanes, Brigadier General Danilo Lim, and 16 other military officers who were charged with rebellion for their alleged involvement in the siege of the Manila Peninsula Hotel last November 2007.
“I will file a motion for reduction of the bail bond,” Francisco told INQUIRER.net in a phone interview.
“The P200,000 bail bond is too much for ordinary soldiers who are co-accused in the rebellion case,” Francisco said.
Francisco said he has just received the court order and would file the motion to reduce the bail bond on Thursday.
WHOAH! 🙂 Nice! Opps, wait, bail?! Why not total freedom?!
Does this mean Sonny can already go out of detention Mam Ellen or di pa rin kasi may kaso pa sila sa Oakwood mutiny? Tama po ba yun?
Henry, Trillanes can’t be released yet because he still has the Oakwood coup de’tat case. Baka ang mangyari, he will be the only one left in detention.
Will explain later.
17 Feb 2010
Whoa!!!!!! hehehehehehe…. does this means that the military behind their detenetion are already singing different tunes??? kasi nga months before the evil bitch step down, they are already deciding against her minions in JAGO. hehehehehehe…. siguro gusto nila, pag na-alis ang …e maabswelto na rin sila, hehehehehe… mautak din ano.
The scenario is when the bitch steps down and the cases filed against her start flowing the military will say that they already released Lim, Trillanes and the others para makalusot nga.
Alam nyo napanood ko na yan e, replay na nga yan. Mga buset!!!!!!
prans
Well this is a breath of fresh air! Yehey.
“disrespect of the President”
Is it a crime?
“disrespect of the President”
Is it a crime?
—————————————
hala, if so…. kulong lahat bloggers ni Ellen…
Trillanes can’t go out of detention because he still has the Oakwood coup de’tat case.
Isa sa pinaka importante… hindi pa din pala sya mkaka-attend sa senate session…
“disrespect of the President”?
President who?
Have we elected a president?
Kailan?
Installment justice, that’s what they are famous for.
Always falling short. Just like the size of their acting temporary president very much hated by the public and whose face even her equally ugly mother cannot love.
Ermita said “the prosecution has to contest” the granting of bail to Trillanes, Lim and others.
“Disrespect of the President”? If this is true, and if it is refering to GMA, how can someone not disrespect this person who handed out our Sabah, our islands, our vital economic bases, and our information on our Sulu and Basilan terrain- our military secrets, to foreigners? This person has committed acts of treason. This so called president, should have been arrested.
How young is Judge Alameda? In his fifties? So he still can make it to the CA and Supreme Court; which appointment will come from the next president, or even the president after (2016). So this is timely, because the bi7ch is on the way out; no need to pander to her.
Read the order. Those findings could have been made weeks, even days after the incident. Why did it take so long to make the findings on which the order is based?
Withdrawal of support is not rebellion? So neither is Angie Reyes’ withdrawal to be considered rebellion. Laying the predicate?
How about Thor Jason Aquino I did’nt see his name in the list of 16 granted bail?
Rubbersoul,Maj. Aquino was not involved in the Manila Peninsula incident. He is in detention because of his alleged involvement in the Feb. 2006 alleged mutiny attempt against Gloria Arroyo.
In Nov 2007, Maj. Aquino was detained in Camp Capinpin in Tanay. He is now detained at the ISAFP compound in Camp Aguinaldo.
This is a wonderful news (even if Edong Ermita is throwing a monkey wrench at it)…
I really am pleased for them. They now can compete against the others on a slightly better level playing field.
Go James Layug, go!!!
James Layug and Gary Alejano are posting bail bond tomorrow. He is hoping he could attend the fund raising event he is holding on March 4.
James Layug is running for congressman for the second district of Taguig against Freddie Tinga, the current mayor of Taguig who is the Liberal party’s candidate; Henry Dueñas, the incumbent congressman;Jett Reyes, son of Energy Secretary Angelo Reyes, and another candidate.
Gosh, Ellen, James has plenty of opponents. I knew a Tinga and a Duenas from the AFP, and of course, Angie’s son is the most evident — who can forget Angie Reyes? The fella who plotted the shitting of the Constitution with Gloria for a year.
Seems to me James’ opponents are related to military officials.
Gosh, we all need to back up James Layug! Commenters here, please ask your friends in Pinas to attend Layug’s fundrasing dinner on 4 March.
Freddie Tinga is the son of former Supreme Court Justice Dante Tinga )also former congressman) who is now running for mayor, the current post of Freddie.
Taguig City is one of illegal drug hotspots according to the PDEA (Presidential Drug Enforcement Agency) and some of those identified have surnames “Tinga”. I think one of the Tingas are in jail for an illegal drug-related charge.
Dante Tinga (an Arroyo ally in the Supreme Court) is up against Lani Cayetano, wife of Sen. Alan Cayetano.
Ellen, oh, that must be why the name rings a bell…
Thanks.
I knew a Gen Duenas (RIP) from the Air Force — was a friend from way back when he was A-5 and really a nice fellow (at least to me although some Air Force folks weren’t too happy with him but that was because of militics.)
SnV, our Makati reporter said Judge Alameda is in his 50’s.
Cayetano’s wife running too? The whole family?
Political dynasties will remain a way of life in Pinas. (Sigh!)
Where do they get the money to finance multiple candidacies — all from the same family? Their combined salaries, I bet, will not finance their nationwide (+local) campaign.
Oh I forgot big time “Contributions” or perhaps, yields from insider tradings?
So this is timely, because the bi7ch is on the way out; no need to pander to her. -atty sax
Thanks for pointing that out. I agree.
I’m happy for the Magdalo. At last….ang tagal na hintayan.
Anna, Lani is the incumbent congresswoman of the first district of Taguig.
Thanks, Ellen.
All the more reason to back James Layug…
Cocoy, Perl, MR, Jose Miguel,
Yes there is an offense,”Disrespect Toward the President, VP, Congress of the Philippines and Secretary of National Defense.”
Article 63 of the Articles of War provides that any officer who use contemptuous of disrespectful words against toward the President, VP, Congress of the Philippines and Secretary of National Defense shall be dismissed from service or suffer punishment as the court martial direct.
That’s why hindi tayo pwede sa military. Kulungan ang bagsak natin lahat.
Re: Yes there is an offense,”Disrespect Toward the President, VP, Congress of the Philippines and Secretary of National Defense.”
Ang mga hinayupaks na yan, kaya ang bayan ay sadlak sa dusa dahil sa kanila. Kung ano ang nasa taas ay siya ring nasa ibaba. Ganyan ang pekeng pamahalaan ni Gloria Arroyo!
That provision – Article 63 Articles of war : against contemptuous language toward President, Congress, others — makes sense because it reinforces what the Constitution says.
Article II — Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
dismissed from service na sila kaya puede ng palabasin. ang tagal na nilang na dismissed. importante ang eleksyon diyan sa taguig, masisira lalo ang pinas kapag di nila na controll ang drugs diyan. palayasin na iyang mga tinga diyan, bala na ang ibigay sa kanila.
Wala ba sa Articles of War yung Disrespect of the Citizens?
Yung disrespect of President Estrada, wala rin?
Kapal ng mukha niyang pamilyang Kawatano, este Cayetano.
Si Alan, senador. Si Lani, mayor. Si Renren, dati konsehal ng Munti o Pateros. Si Lino, yung film director lang yata ang hindi pulitiko pero siya pa ang mukhang matino. Si Lino yung nagdonate ng liver (kidney?) sa amang Rene.
Tama si Tongue!
What about disrespect of President Estrada? How come the members of the military who disrespected him are not in prison?
Ang mga Cayetano ang counterpart ng mga Remulla ng Cavite. Sina Gilbert, Boying at Johnvic, lahat tatakbo rin. Di ko alam kung pati mga asawa nila, tatakbo rin.
Pareho pa silang under sa NP ni Villar. Ang NP pala ang partido ng mga Political Dynasties.
Ano kaya ang kapalit ng bail? Hmmm.
I-eendorso na ba ng Magdalo yung Secret Candidate?
Secret ba talaga ang “Secret Candidate”?
I know there is an offense like “disrespect of the president” but only holds true if the one you directly respected IS a duly elected and with mandate president and not like that power grabber, lying, cheating and plundering usurper president.
Dapat nga ‘yang tungaw na ‘yan ang kasuhan ng lahat ng pinakamabigat na paglabag sa Saligang Batas, eh.
Naku Tongue….ikaw talaga, napaisip na naman ako.
perl – February 17, 2010 2:35 pm
RE: “disrespect of the President” Is it a crime? hala, if so…. kulong lahat bloggers ni Ellen…?
According to Constitution, Art.3, “Bill of Rights”:
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Ang linaw ng seksyong ito Igan Perl…dapat magpakatotoo ang mga abugago sa ating bansa? Matuto silang magintrepet nang ating Saligang Batas.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
E ano ang ginagawa at ginagawa ng mga damuho since EDSA DOS con Hello Garci…at latest issue e ang Morong 43, na kesyo mga kumunista daw?
Nagmamarunong ang mga TONTO e bobo naman sa pagsunod sa isinasaad ng Saligang Batas…paano titino ang Pinas kung ang mga ipokrito e may sariling batas na sinusunod at di itong Saligan ang ating pagka-Pilipino.
Mga BOBO!
Kaya nga tinitake advantage ko ang pagkakataong ito, “Tang-ina mo Gloria! Tang-ina mo rin Kabayad! At Tang-ina mo rin Gonzales! Di na ko mako court martial! Tang ina nilang lahat! hehehe
Henry, kung plano kong pumasok sa military service, lets say next year. Pwede ko bang murahin kagaya ng pagmumura mo sa kanilang kahat ngayon bago ako magpa-enlist at di ako mako-court martial pag natanggap na ako sa military service? Hehehe 😛
lahat not kahat
Mike,
Banat lang. . .di ka naman kilala ng mga yan. . .AW 63 covers only military personnel in the active service. . .hehehe
Naudlot ang ating saya. Sabi ni Brawner ay di pwede na mag-bail ang grupo ng Magdalo dahil naka-court martial din sila.
So, unless na they’d kiss the pwets of their fake commander-in-thief and tandang Edong Ermita, Trillanes, Lim et al will stay in kalaboso.
Nagpapanik ang EK!
Dati kotong cops lang, ngayon kotong courts na? Pasusukahin ng P200,000 si Trillanes para sa bail tapos di naman pala ire-release dahil merong court martial. Ang gagaling ng mga kawatang ito!
Di naman marunong magrefund itong gobyernong ito. Yung RFID na milyun-milyon ang nakolekta, ipinasosoli na ng Supreme Court pero hindi raw pwede!
I think it is unfair for Senator Trillanes, et al being bludgeoned with the case of disrespect to Arroyo. Is there anyone left yet still respecting her?
Heheheh!
Reminds me of Groucho Marx country club story.
Country club asked his daughter to leave swimming pool on the pretext she’s Jewish.
Groucho Marx said: “Why can’t they allow her bottom half to be in swimming pool, after all she’s only half Jewish (her mother is not Jewish.)
So same ripost, allow half of Trillanes out of jail — bahala ang military to keep the other half in jail! Let them solve problem.
For every month, 15 days in detention, 15 days free.
if the one you directly DISrespected IS a duly elected and with mandate president and not like that power grabber, lying, cheating and plundering usurper president.
henry90,
Talo kita. ‘Yang mga putang inang mga iyan ay matagal ko nang minumura. Kaya lang, hindi na talaga tinatablan ang mga putang ‘yan dahil sobrang kapal ng mga mukhang walang kahihiyan.
Hindi nila rin ako kayang i-court martial. Maghanap sila sa malawak na disyerto ng Middle East hanggang African Continent. Kapag nakakita sila ng naka-disguise ng scorpion o leopard, AKO na ‘yun!
Ingat lang sila!
Tongue,
That is a very judicious way of doing it…
For every month, 15 days in detention, 15 days free.
Hindi ba puwedeng i-commute ‘yan?
Gaano katagal na ba sila sa kulungan? Ano ba’ng talagang kaso?
Disrespect towards an UN-ELECTED power grabber, liar, cheat and plunderer?
President?
My ass!
Ibrado is on his way out… Don’t you think he could easily leave a legacy built on fireworks? Order military tribunal to do what is necessary? Nothing illegal, just expedite case and why not commute, if possible?
How about twelve hours in detention, twelve hours free, every day?
Sax, that’s even better! 4 hours of the 12 hours in detention will be used for office work and the rest sleeping!
Danny Lim retires in 2011. Someone like him would have been a conscientious worker, and not a frequent absentee from work. I know a guy who accumulated two years of leaves (UP employee), so he retired at the age of 63; the two years service were converted to cash. He rejoined the government as an RTC judge.
If Danny Lim retires, then the court martial will no longer have jurisdiction over him, in the same way that it lost jurisdiction over General Miranda.
Of course, they can hold his pay and retirement, pending the resolution of the case. Who cares? He would be free.
Sax that’s what I thought but not quite true with regard Gen Miranda. He’s still being tried in a court martial.
Why is this so?
I will have to check the news. What I know is he is already free.
If not, the lawyer should go to court to question the jurisdiction of the court martial over discharged/separated individuals.
Same goes for Trillanes’ military case. He is already a senator/civilian. The only pending case now should be the coup d’etat case.
I guess the whole thing is a military conspiracy. I have this feeling Esperon et al are the hands that prolong the agony of the key figures of Magdalo. Which PMA class holds the key position in the AFP anyway?