Magdalo soldiers’ lawyer seeks explanation for plea change

A lawyer for the soldiers on trial for coup d’ etat charges in connection with the failed Oakwood mutiny in 2003 wants one of the accused – a former client – to reveal why he changed his plea to guilty despite the "weakness" of evidence against him.

Theodore Te of the Free Legal Assistance Group (FLAG) said the Makati City court should compel 1st Lt. Lawrence San Juan to reveal why he changed his plea from "not guilty" to "guilty" for the lesser offense of conspiracy.

The other accused represented by Te in the case are Capt. Segundino Orpiano and Air Force lieutenants Billy Pascua and Ashley Asedillo.

"I am surprised that San Juan decided to change his plea at this point in time. It is part and parcel of my duty to require why he changed his plea," Te said.

He said he also represented Capt. Nicanor Faeldon and 1st Lt. Sonny Sarmiento until their escape. They were later recaptured.

Te said that while San Juan’s move might be personal, the court should still check its "voluntariness."

"All we want to clarify is why the accused, despite being informed by his counsel that the evidence against him is weak, decided to change his plea," he said.

"There might be an injury to the other accused if the change of plea is allowed. The matter involved his (San Juan’s) escape, his recapture, his solitary confinement and the statements executed by him afterwards," Te said.

Assistant Chief State Prosecutor Richard Anthony Fadullon and State Prosecutor Juan Pedro Navera filed a conforme with the court regarding San Juan’s change of plea.

San Juan’s new lawyer Jean Paolo Primavera posed no objection to Te’s request provided his client’s rights against self-incrimination are guaranteed.

He said it was his client’s strong belief that the coup d’ etat case against him was weak that convinced him to change his plea.

For his part, Fadullon said he found nothing wrong with San Juan’s change of plea because the offer came after the prosecution rested its case.

Navera said the prosecution is expecting an opposition from the other accused in the coup d’ etat charges led by Lt. Senior Grade Antonio Trillanes.

Trillanes, now an opposition Senate candidate, led other junior officers in the takeover of the posh Oakwood Premiere Hotel in Makati City on July 27, 2003 during which they demanded the resignation of President Arroyo and top officials of the Armed Forces of the Philippines. The soldiers belonged to the Magdalo group, a brotherhood of junior officers.

"We expect opposition from the other defense counsels. But we will show that the pleading of guilty to a lesser offense is purely a personal matter between the accused and his counsel," Navera said.

San Juan sought permission to change his plea on March 8 through lawyer Roberto San Jose.