Court orders charges vs Gringo consolidated with Magdalo case

Former senator Gregorio Honasan will be tried with junior military officers who took part in the 2003 Oakwood mutiny after a Makati court granted the government’s motion to consolidate the coup charges against them yesterday.

Judge Cesar Santamaria, who is hearing Honasan’s case and those of six others, approved the motion of the Department of Justice after it was established that the cases of the former Army colonel and the Oakwood mutineers contained the same facts and pointed to the same offense.

Senior State Prosecutor Juan Pedro Navera said in a telephone interview that Santamaria ordered in open court the consolidation of Honasan and the Magdalo soldiers’ cases.

"We argued that the Honasan and Oakwood cases are found on the same set of facts, which is the July 27, 2003 coup d’état," he said. "Same evidence will be presented as that in Oakwood."

Navera said he is expecting Honasan to ask the Supreme Court to issue a temporary restraining order to stop his arrest. The trial of Honasan and the Oakwood mutineers will resume on March 14, he added.

After granting the government’s motion, Santamaria ordered that the case of Honasan and his six co-accused be sent back to the Office of the Clerk of Court for consolidation with the coup charges against the Magdalo renegade soldiers being heard by Judge Oscar Pimentel.

However, The STAR learned that Pimentel could disapprove the consolidation if he finds enough reason for the two cases to be tried separately.

Honasan, who has an outstanding warrant of arrest, did not attend yesterday’s hearing, but his lawyer, Cherry Cruz, participated in the proceedings. Upon making her appearance, Cruz informed the court that she was not authorized to represent Honasan in the other criminal cases he faces.

The coup charges against Honasan were filed last week shortly after President Arroyo declared a state of national emergency.

Yesterday, Mrs. Arroyo recalled Proclamation 1017 and lifted the state of national emergency declaration.

Honasan was charged with the crime of coup d’état, along with Ernesto Macahiya, retired Capt. Felix Turingan, George Duldulao, Col. Virgilio Briones, retired Col. Romeo Lazo and Lina Reyes in connection with the Oakwood mutiny.

The Oakwood mutineers are led by Navy Lt. Senior Grade Antonio Trillanes IV, Capt. Nicanor Faeldon, and 1Lt. Lawrence San Juan.

These renegade military officers and their men seized and occupied the posh Oakwood apartment building in the Makati central business district in July 2003 during a short-lived military uprising meant to force Mrs. Arroyo to step down.

In a complaint, dated Jan. 18 and filed on Feb. 24, the DOJ said Honasan, Macahiya, Turingan, Duldulao, Briones, Lazo, Reyes and several unidentified men and women had instigated the junior military officers and their men to launch an uprising on July 27, 2003 and seize the Oakwood apartment building in Makati.

Honasan allegedly recruited the junior military officers and enlisted men belonging to the Magdalo group, the complaint added.