The general court martial dismissed the motion filed by the 29 leaders of the Oakwood mutiny seeking their release over the issue of the prosecutor’s failure to arraign them within the prescribed two-year period.
"After carefully considering the arguments for and against the motion raised by both parties, the motion for reconsideration is hereby denied," said Lt. Col. Edmundo Janda, quoting the military court’s decision.
Janda said the military court was convinced that there had been a valid arraignment of the 29 accused.
Janda cited the hearings last July 13 and 18, when the charges were read in open court although the accused were not able to enter their individual pleas.
The ruling was a reversal of the earlier verdict agreeing to the contention of the defense lawyers that the military prosecutors failed to have the accused arraigned within the two-year prescription period.
Defense lawyers claimed the accused junior officers were not properly arraigned before the prescription period lapsed at the second anniversary of the Oakwood mutiny case last July 27.
Last Tuesday, the Court of Appeals upheld the decision of the Makati City regional trial court allowing 26 of the 29 accused mutineers to post bail.
The court, however, took cognizance of the fact that the mutineers, being military men, can only be released upon the order of the court martial.
"The general attitude of the government is to keep them (mutiny leaders) in jail... We won the bail proceedings but still, the net effect is they remain in jail," said Roel Pulido, one of the defense lawyers.
When asked if the government was displaying fear of the mutineers, Pulido said: "That is becoming apparent."
He said the accused officers have become "dismayed with the process" and are appealing to the court to be "consistent."
After Janda read the ruling on the motion for reconsideration, the prosecution attempted to ask the accused to enter their pleas individually.
Defense lawyers immediately objected to the legal maneuvering, saying the move only implied that the arraignment had not been completed after all.
"The ruling will traverse the ruling of the court that the arraignment was complete, proper, and valid," defense counsel Theodore Te told the court.
The court adjourned before noon without resolving the question on arraignment. It will reconvene on Sept. 26.
The 26 junior officers led some 300 servicemen in seizing the ritzy Oakwood Premier apartment complex in Ayala center in Makati City last July 27, 2003.
The mutineers seized the apartment complex to highlight their grievances against corruption in the government and military hierarchy.
A year later, the six so-called core leaders of the mutineers — Army Captains Gerardo Gambala, Gary Alejano, Nicanor Faeldon, Milo Maestrecampo, and Navy Lieutenants Senior Grades Antonio Trillanes IV and James Layug — formally apologized to President Arroyo for taking part in the mutiny.
Last May, the 184 servicemen who took part in the one-day uprising were released after striking a plea bargain with the prosecution.