A Makati City judge dismissed the rebellion charges filed against former vice president Teofisto Guingona and 17 other civilians for allegedly joining the failed uprising staged by Sen. Antonio Trillanes IV and Brig. Gen. Danilo Lim last Nov. 29.
Judge Elmo Alameda of the Makati City Regional Trial Court (RTC) Branch 150 also ordered the police to release the civilians, who are still detained in a maximum security compound of the Philippine National Police (PNP) in Camp Crame, Quezon City.
Alameda also absolved Bishop Emeritus Julio Labayen, former University of the Philippines president Francisco Nemenzo, and scriptwriter Elizabeth Orteza. The other civilians include lawyers Jose Virgilio Bautista and Argee Guevarra, the senator’s brother Antonio Trillanes III, Myrna Buendia, Dominador Rull, Romeo Solis, Ruel Gadon, Rommel Loreto, Julian Advincula, Francisco Bosi, Leodor dela Cruz, Sonny Madarang and Francisco Peñaflor.
In an 18-page order, Alameda granted the motion for judicial determination made by former solicitor general Frank Chavez on behalf of the accused civilians.
Alameda said the presence of the accused civilians at the hotel during the standoff was not enough reason to charge them with rebellion.
He said authorities were not able to present any strong evidence linking the accused civilians to the Nov. 29 failed uprising.
“The allegations regarding the participation of the accused in the commission of the crime of rebellion are couched in terms so general, non-specific, and offered no explanation as to what contribution the accused civilians made towards the attainment of their objective,” Alameda said.
“The court observed that the investigating prosecutors have in some respects exaggerated the facts from the point of view of the prosecution,” he added.
Alameda stressed the “mere presence at the scene of the crime… would not make one a conspirator in the act of rebellion.”
He said the documentary and object evidence submitted to the court had been insufficient to show probable cause for rebellion.
On the other hand, Alameda declared there is probable cause to indict Trillanes, Lim and the group of Magdalo rebel officers for the crime of rebellion.
Trillanes, Lim and the 16 other junior officers walked out from the court room of Judge Oscar Pimentel hearing the 2003 Oakwood mutiny and marched on the busy streets of Makati City, then proceeded to take over the Peninsula hotel where they called on popular support for the ouster of President Arroyo.
Alameda noted the accused soldiers were armed when they took over the hotel.
Trillanes, who was elected senator in May but was not allowed to serve because he was still in detention over the Oakwood mutiny, defied a deadline to vacate the hotel, prompting government forces to come after him.
Aside from Trillanes and Lim, Alameda ordered the continued detention of Captain Gary Alejano; Lieutenant Senior Grades James Layug, Manuel Cabochan, Eugene Gonzalez, and Andy Torrato; 2Lt. Jonnel Sanggalang; Lt. Junior Grade Arturo Pascua Jr.; Ensign Armand Pontejos; Capt. Segundio Orfiano Jr.; 1Lt. Billy Pascua; Cpl. Clecarte Dahan; Privates First Class Juanito Jibury, Emmanuel Tirador; German Linde; Julius Mesa; and Cesari Gonzalez.
Police, on the other hand, said they could still file the charges against the civilians based on stronger evidence.
“We have not yet seen the documents (on the dismissal of charges), we will still try to find remedy on the court decision,” a ranking police official said. “Or we can still find other evidence to bolster the charges against them.”
The military, on the other hand, said six other soldiers are also under investigation by the military over their alleged involvement in the failed uprising.
Armed Forces of the Philippines (AFP) chief Gen. Hermogenes Esperon Jr. said the six soldiers were part of a supposed support team of Magdalo soldiers staging the siege at the hotel.
Esperon refused to identify the six soldiers but said they were from the Philippine Army.
Esperon though conceded the possibility that their names had been included by the Magdalo without their consent.
This, according to Esperon, is because one of the enlisted men, whose name was found in the list of the Magdalo, is currently being treated at the AFP Medical Center for hepatitis. -With Cecille Suerte Felipe, James Mananghaya