AFP not closing doors on mutineers

MANILA, Philippines – The leadership of the Armed Forces of the Philippines (AFP) is not closing its doors on the nine convicted Magdalo junior officers, saying that if granted pardon by President Arroyo, they could always apply as reserve officers.

But AFP chief General Hermogenes Esperon Jr. stressed that this is the only option left for the group of Army Captains Gerardo Gambala and Milo Maestrecampo if pardoned, as they have already been barred from reinstatement into active service.

“They are already barred from being reinstated into the military service because they were convicted. If they wish to serve the country through the military, they can apply as reserve officers. But again, this entails a very long and thorough process,” Esperon said.

Army chief Lt. Gen. Alexander Yano said the military careers of Gambala et al are finished as their conviction by the civilian court also means their dismissal from the service.

A day after their conviction, the group, still detained at the Army headquarters at Fort Bonificio, issued a public apology for their misdeeds at Oakwood.

This move triggered insinuations that their change of plea from not guilty to guilty, and their subsequent conviction by the civilian court, was part of a compromise deal they had struck with the government.

The lawyers of Antonio Trillanes IV and fugitive Marine Capt. Nicanor Faeldon, Argee Guevarra and Trixie Angeles, claimed that Gambala and his group have fully cooperated and struck a compromise with the military leadership
in the hope that they would be given lesser penalties and possible reinstatement into military service.

“We respect their decision and we could only wish them well,” Angeles said.

Guevarra, on the other hand, said he had never witnessed an accused smiling while being sentenced to life by the presiding judge in his entire law practice.

Interior and Local Government Secretary Ronaldo Puno, in the meantime, said he would recommend to the President to consider the pardon of Gambala and his group.

But Puno maintained that the official government recommendatory body with regards to presidential pardon is the Department of Justice.

DOJ waiting for go-signal

Justice Secretary Raul Gonzalez, for his part, said he is just waiting for the go-signal from the President.

Interviewed over state-run radio dzRB, Gonzalez said he has yet to see any formal notification from the nine soldiers about their desire to apply for pardon.

He said without any formal request or application for pardon, there is nothing to consider at this time.

“So far I do not know if they even asked for that. Everything right now is still speculative so we don’t know what is the real situation,” he said.

However, he did not discount the possibility of the President granting them pardon as long as all the requirements under the law have been met.

“The grant of pardon is a plenary power of the President under the Constitution and as long as all the requirements for pardon have already been met, the President can either grant pardon or deny it,” Gonzalez said.

Chief Presidential Legal Counsel Sergio Apostol said earlier that the nine soldiers may be eligible for pardon since they did not appear to have any interest in appealing the ruling handed down by Makati City Regional Trial Court Judge Oscar Pimentel and they have already been detained for five years.

However, Apostol said they have to go through the process with the Board of Pardons and Parole over which the DOJ has jurisdiction.

He said the remorse shown by the soldiers could be used in their favor in the consideration of their request for pardon.

He added that the group is entitled to five years’ prison credit that may be deducted once their sentences are evaluated by the Board of Pardons and Parole.

Apostol, however, said that after the 15-day appeal period expires the soldiers may be shipped to the National Penitentiary to begin serving their sentence.

Gonzalez declined to offer any hints about what he would recommend for the nine soldiers if ever the application of pardon reaches his office.

“The President has not yet asked me. I will not make any recommendations unless the President asks. But I will cross that bridge at the given time,” he said.

The justice secretary added that whatever happens, the case should not become a precedent to be applied to the other 21 members of the Magdalo Group who are still facing trial.

Among them is Trillanes, who was one of the leaders of the group when they staged the 2003 Oakwood mutiny.

“That would depend on the situation each time. We cannot say that this is a precedent already because the facts may be different for every case,” Gonzalez said.

Independent court martial

Meanwhile, the head of the general court martial trying Trillanes and his co-accused in the February 2006 foiled coup attempt vowed there shall be absolute impartiality in the conduct of its hearings on the case.

“I assure you that the court martial shall be impartial in all its hearings. Whatever decision we would come up with shall be based on the evidence presented. It would purely be on the merit of the evidence presented in court,” Army Maj. Gen. Leo Jogy Fojas said.

He also denied claims that an arrangement has been struck to drop the charges against the accused officers.

He stressed that the court martial strongly maintains its independence despite claims by Atty. Angeles, one of the lawyers of the defendants, that a certain Maj. CJ Paolo Perez, a staffer of Esperon, attempted to ask the accused how the military chief could help them in their case.

Angeles also reportedly alleged that Esperon also sent Perez to talk to Fojas for the arrangement.

Fojas said Esperon never attempted to meddle in the entire proceedings.

The court martial has set its next hearing on April 23, ‘although tentatively,’ according to Fojas. – Perseus Echeminada, Marvin Sy, Edith Regalado