The 10, led by Magdalo core leaders Lt. (sg) James Layug and Capt. Gary Alejano, were given the light verdict after pleading guilty to all the four remaining charges filed against them before the court headed by Maj. Gen. Eduardo Oban.
The eight other officers were Lts. (sg) Eugene Gonzales, Andy Torrato, Manuel Cabochan; Capt Dan Orfiano; Lt. (jg) Arturo Pascua; and 1Lts. Billy Pascua, Jonnel Sangalang, and Armand Pontejos.
Lawyer Ed Abaya said his clients pleaded guilty to charges of violation of Articles of War 63 (disrespect to the President), 96 (conduct unbecoming of an officer and a gentleman), 97 (conduct prejudicial to good order and military discipline) and 70 (escape from confinement). The charge of mutiny was dropped.
Abaya said he and his clients tried to enter into a plea bargaining agreement, by pleading guilty to one of the charge in exchange for the dropping of the three other offenses, but the prosecution opposed it.
Abaya said the court, in handing down the sentence, credited the detention of his clients since the commission of the alleged crime. The accused actually have been in detention since July 2003 for their participation in what is called Oakwood mutiny.
On November 28, 2007, the ten officers together with Sen. Antonio Trillanes IV and Brig. Gen. Danilo Lim walked out of the hearing of their coup d’etat case at the sala of Judge Oscar Pimentel at the Makati Regional Court and proceeded to the Manila Peninsula where they declared withdrawal of support from Gloria Arroyo.
Last February , Makati Regional Trial Court Judge Elmo Alameda granted the petition for bail of the accused who include Sen. Antonio Trillanes IV, Brig.Gen. Danilo Lim, the ten officers and six former enlisted men saying that what happened in Nov 2007 was not rebellion but simply contempt of court. He set a P200,000 bail for each of the accused.
The six enlisted men were released on bail. Alejano, who is running for mayor in Sipalay, Negros Occidental and James Layug, who is running for congressman in the second district of Taguig city, posted bail but the military took custody of them because of the court martial case. They are now detained at the ISAFP compound in Camp Aguinaldo.
The eight other officers are detained in Camp Crame custodial center.
Trillanes was not included in the court martial case because he was no longer in the military at the time of the Manila Pen incident.
Capt Nicanor Faeldon, who escaped during the Manila Pen siege, was also charged with mutiny and several other charges.
Abaya said the latest development will pave the way for his clients’ eventual freedom. “They are going o go out. Their period of detention is more than two years (since the Manila Peninsula Hotel siege).They should be ordered released, unless there are pending cases before the military tribunal,” he said.
Abaya said the verdict would be referred to Armed Forces chief Gen. Delfin Bangit, the court’s convening authority, for review. Nevertheless, he said he expects the military leadership to uphold the the court’s decision.- with report by Victor Reyes
Related links:
http://www.ellentordesillas.com/?p=9638
http://www.ellentordesillas.com/?p=9594
Two years na silang nakakulong, 10 months ang parusa. Meron 12 buwan na utang si Gloria Arroyo sa kanila.
Naku, at iri-refer pa kay Bangit!
Sa November 2007 incident at the Manila Pen lang ang verdict. Paano na lang yung 2003 nila sa Oakwood? Sa dami ng charges sa kanila ay nalilito ako hanggang sa ngayon.
Nakakalito talaga, Chi. Plus there’s the trial in the civilan courts. There’ also a separate court martial trial.
The 2003 Oakwood case is coup d’etat. Mas mabigat yun.
“Disrespect to the president”
If the president is Gloria Arroyo, it’s an honor to be charged for disrespecting her.
Kaya ako kahit ayaw ni Noynoy na makasamang magserbisyo ang Magdalo ay buo ang aking suporta sa grupong ito. Buo pa rin ang aking tiwala sa kanilang adhikain kahit magkaiba ang aming bets sa panguluhan (hindi pa ako nakaka-decide talaga pero definitely ay hindi si Villar o Gibo).
Ang grupo ng Magdalo ang nagsimula ng pagyanig sa image ni Gloria when nobody dared to cross her path, enough reason for me to support their mission to serve the country via participation in the government.
Chi: that is because of the Turtle pace of justice wheels turning. usually the time of detention is credited double against the sentence, that most who were not eligible of bail just walk free after sentencing as the judge adjust the sentence to the accused period of detention..common sense eh?
The excess period that our prisoners of war have spent in prison must be reimbursed as damages from the salaries or incomes and undetained period of those responsible for the excesses. Those responsible should be made to pay in cash and in incarceration, equivalent amount to that excess.
Paano ngayon babayaran ni putot ang sobrang pagparusa sa mga ito..she should pay not in terms of money but in terms of time in prison..puede ba ito? simple math lang..7 years in prison eaquals 84 months…the penalty was 8 months–84 less 8 equals 76 (in excess) for each kaya 76 times 10 equals 760 months…in addition dapat the soldiers should be compenated for their salaries plus interest…simply lang ito..she should also pay damages for pain and suffering for the soldiers and their families including for each child..
dapat din she should be put in solitary confinement..and should do manual labor…dapat parusahan siya..
.. maiba ako bumalik siya bigla..hulihin na siya agad…and kung gusto nilang magsama ni FiG..wonderful..put them together individual rooms in the same prison…ito ang hustiya para sa kanila…
dahil sa ang masamang damo daw ay hindi agad namamatay..she will die in prison…let them rot in prison like rats (hindi mice)
Gen Danny Lim is the steadfast and genuinely credible magdalo leader …….. others were corrupted by villaroyo’s money and gma’s transactional politics …..
Ellen – April 9, 2010 1:46 am
Nakakalito talaga, Chi. Plus there’s the trial in the civilan courts. There’ also a separate court martial trial.
The 2003 Oakwood case is coup d’etat. Mas mabigat yun.
—————————————
ang simpleng intindi ko dito… they pleaded gulty para makalaya sila at para yung iba na lumahok sa halalan ay mkapag-kampanya… pero pano mangyayari to kung may pending case pa na coup d’etat?
Kay Abaya na din nanggaling:
Abaya said the latest development will pave the way for his clients’ eventual freedom. “They are going o go out. Their period of detention is more than two years (since the Manila Peninsula Hotel siege).They should be ordered released, unless there are pending cases before the military tribunal,” he said.
Magulo nga…
Salamat naman at malapit-lapit nang makamtan ang tunay na kalayaan ng tropa.
Kina James at Gary, Eugene, Andy, and Billy pati na sa limang kasama nila – kagaya nung sa wowowee –
Kengrrrratzzzhulayshennzzzzz!!!!
Non-bailable ang coup d’etat. Kahit pa madismiss o considered “served” na ang sentensya ng lahat ng military tribunal cases, wala pa ring makakalaya kung sangkot sa orig na Oakwood.
Ang mga pwedeng lumaya ay iyong mga nasangkot sa Marines standoff sakaling madesisyunan na iyon. Basta walang kasabay na kaso sa civil courts.
Kung gusto nilang makabawi ay kasuhan nila si Putot after June 30 ng coup d’etat kasama sila Reyes, Espinosa, at lahat ng heneral na kasabwat sa pang-aagaw ng kapangyarihan kay Erap. Wala rin iyang piyansa, at merong ebidensiya ang conspiracy na galing mismo sa bunganga ng baboy na nagyabang.
Kaya siguro nagpipilit si Putot na mag-appoint na rin ng Sandiganbayan.
chi,
kaya nga lalong nagkakagulo kasi ang militar ay politicized na. nagagamit sa politika at nakikihalo sa politika, tapos yan pa rin ang daan na gusto mng tahakin?
ang team song ng magdalo group.. iyong kay barbra streisand “free again”,tapus iyong kay piggy, iyong kay frank sinatra ” my way “, parehong malapit na… iyong kay piggy kantahin ninyo..ayun na.. the end is near..!!!
#17, OK lang dahil itinapon na sila ng militar.
21. cont…
Ang mahalaga ay gusto nilang mag-serbisyo sa bansa outside of the military. Ibang usapan na kung sila ay mga aktibo pang miembro ng militar tapos ay kandidato sila.
christian – “Gen Danny Lim is the steadfast and genuinely credible magdalo leader …….. others were corrupted by villaroyo’s money and gma’s transactional politics …..”
i agree. disappointed ako kay col querubin and the others. i couldn’t believe that they could not or refuse to see through the real character of money villaroyo. ay ambot! mas ok pa kung tumakbo sila under Magdalo party o kaya partylist para i-promote ang adhikain o kapakanan ng mga sundalo. di ko matatanggap ang rason na ginamit lang nila makinarya ng nacionalista party. the end justifies the means ba? ang akin lang, kung may paninindigan talaga, dapat wag ipagpalit o ipagbili ang paniniwala. so ok lang na kasama ni querubin sa line up sina lisa masa, bongbong marcos at satur ocampo? fine! bahala na nga sila! basta di nila makukuha ang boto ko.
TonGuE-tWisTeD – April 9, 2010 11:46 am
Non-bailable ang coup d’etat. Kahit pa madismiss o considered “served” na ang sentensya ng lahat ng military tribunal cases, wala pa ring makakalaya kung sangkot sa orig na Oakwood.
bakit pa sila nag-plead guilty kung hindi din naman pala sila makakalaya? sana hinintay na lang nila ang new adminstration, mas malaki pa chance na ma abswelto sila dahil sa kanilang endorsement.. Villar for president and Roxas for Vice-Pres…
How in heaven’s name can an administration justify detaining men for seven years when the sentence is only 8 months imprisonment?!
This unfeeling and demonic administration has committed a grave injustice to the men and to their wives and children.
Natural justice will be meted out in turn to this administration which would slap their brand of justice in their faces in like manner.
Can we blame the soldier for following that voice? Can we blame the AFP for being conflicted? At some point, if the soldier or officer will choose to protect the highest public good. He goes back to the honor and integrity demanded of him at training. When he does, he is called a criminal. When the officer instead makes blind adherence to political expediency, he is rewarded and may even obtain high positions in a government that will continue to fail its people.
http://dannylim.org/?p=1249&utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+DannyLimsOfficialWebsite+%28Danny+Lim%27s+Official+Website%29
Phil, re #24, the 7 years of detention started in July 2003 immediately after the Oakwood incident.
The Manila Pen incident, where they were sentenced to eight months in prison, happened on Nov 29, 2007. So they have been two years in prison since that incident.
If approved by AFP Chief Bangit, the verdict last Wednesday would close the Manila Pen incident for the Magdalo guys (not for Brig. Gen. Danny Lim) as far as the military case is concerned.
But the case in the civilian court (Makati RTC) is still on. But I don’t know what would be the case because Judge Alameda said it’s not rebellion (that’s why they were allowed to post bail) . Contempt of court maybe?
The Oakwood incident is another thing. It’s coup d’etat in Makati RTC also.
I’m not sure of the status of the court martial case.
Medyo nakakahilo ang kaso. The cases involve a number of officers. Not all the cases are the same.Plus the cases are both in the military and civilian courts.
is it possible that after GMA`s term she be charge to with coup d etat..?? she and FG told viewer`s all over the world and it`s documented..that since day one of erap`s administration they have already plan to overthrow him.. and what about the case of usurpation of authorities..?? can they be charge to with that..?? GMA has been usurping to be a legitimate president of the philippines in which she does`nt have any mandate from the filipino people.. and FG too who was always there commiting all the crimes of corruption, stealing peoples money and usurping to have the authority to dispense peoples money..anyway as i said his time now has come, he may not be tried here on earth but surely he will be soon on the other side of midnight.. and that is the soonest..he now sings his favorate song..” my way ” the end is near..!!! maybe GMA will have her time too after her term expires..!!
The government will have to find some lesser included offense to rebellion, which may be sedition or inciting to sedition. The trouble with sedition is that it requires the rising publicly and tumultuously. There was no such thing. What was tumultuous was the dispersal, which is the act of the government, not the accused.
Sedition requires the intent to obtain the seditious objective by force and intimidation. Wala na naman, dahil paatras nga ang pagsulong – occupying a room, and asking people to join them, instead of taking the offensive, and storming the government.
With regard to contempt, that is for Judge Pimentel to determine, because they walked out of his sala, not Alameda’s. Alameda had not yet acquired jurisdiction over the accused. And from the looks of it, Judge Pimentel has already let it (the incident) slide.
Alameda’s decision has practically killed this case. In the US, the government would have already filed a motion to dismiss, it being clear that the case cannot be won. That is what justice demands. Pero sa atin, kailangang magbangon puri.
If the prosecution insists, despite the absence of even a shred of evidence of the elements of the offense, babanatan ko na ng prosecutorial misconduct – something common in the US, which has not yet ripened into jurisprudence in the Philippines. In fact, in some spying cases in the US, including that of Wen Ho Lee, and Katrina Leung, atras ang gobyerno dahil nilalagnat na yung lisensya ng prosecutor.
Sino ba ang mga abogado? Kailangang palo ng palo, parang Pacquiao.
It’s injustice of this kind that brings out the Rambo’s and raging bulls out of people.
I agree with Saxnviolins that the government’s response to protests is more tumultuous than those who protest… animalistic and beastly behavior. Or kaya palaging over-reacting kasi mga tarantado..scared cats.
I can only hope that once GMA is out, the rest of the Magdalo soldiers who are still incarcerated will be set free.