Blast from the Past

Back in Sept. 14, 2005

Court grants freedom to 26 Oakwood mutineers

STATE lawyers failed to pin own 26 Magdalo soldiers who joined the July 2003 mutiny at the Oakwood Premier apartments in Makati City so that the Court of Appeals (CA) ordered the release of the soldiers upon posting bail of P100,000.

In a nine-paged decision penned by Associate Justice Juan Enriquez Jr. of the CA's Seventh Division, the appellate court dismissed the petition for temporary restraining order (TRO) filed by government against the junior officers who joined the Oakwood siege.

The CA affirmed the ruling of Makati Regional Trial Court (RTC) Judge Oscar Pimentel, who dismissed the coup d' etat case against the 26 accused but retained the detention of the three leaders in his orders last July 8, 2004 and October 26, 2004, namely Captain Gerardo Gambala, Captain Milo Maestrocampo and Lieutenant Senior Grade (LTSG) Antonio Trillanes IV.

Gambala, Maestrocampo and Trillanes have been denied bail after the court found strong evidence of guilt for the crime against them.

In dismissing the petition, the CA cited Section 7 of the Revised Rules of Criminal Procedure, which states "capital offense, or offense punishable by reclusion perpetua or life imprisonment, is not bailable."

It further cited that under Article 135 of the Revised Penal Code, any person in government service who participates or executes directions or commands of others in undertaking a coup d`etat shall suffer the penalty of reclusion temporal, unlike their leaders who shall have the higher penalty of reclusion perpetua.

The CA maintained that the case for coup d`etat did not charge the respondents with leading the uprising, rather that they are merely participating or executing directions and commands of leaders.

It further ruled that the no-bail recommendation of government prosecutors does not constitute a strong evidence of guilt against the soldiers.

Since they are charged with felony, the soldiers were tried before a civilian court but this however does not remove any pending cases against them before a military court.

"It is settled that conspiracy must be proven as convincingly as the criminal act itself. Like any element of the offense charged, conspiracy must be established by proof beyond reasonable doubt," the CA said.

Among those who were granted bail were Captain Gary Alejano; LTSG James Layug; LTSG Manuel Cabochan; LTSG Eugene Gonzales; LTSG Andy Torrato; Captain Laurence Somera; Captain Nicanor faeldon; Captain Albert Baloloy; Captain Segundino Orfiano Jr.; Captain Alvin Ebreo; 1st Lieutenant (1LT) Florentino Somera; 1LT Cleo Donga-as; 1LT Sonny sarmiento; 1LT Audie Tocloy; 1LT Von Tayab; 1LT Rex Bolo; 1LT Laurence SanJuan; 1LT Warren Dagupon; 1LT Nathaniel Rabonza; 1LT Jonel Sangalang; 1LT Billy Pascua; 1LT Francisco Acedillo; Second Lieutenant (2LT) Kristoffer Yasay; Lieutenant Junior Grade (LTJG) Arturo Pascua; Ensign Armand Pontejos; Police Officer 3 Julius Mesa and Police Officer 3 Cesar Gonzales.

On July 27, armed soldiers entered the premises of Oakwood Premiere in Glorietta. After the uprising, they surrendered to government and were charged by the DOJ with coup d` etat.

Later, the charges were withdrawn against 290 soldiers involved in the mutiny, but the Makati court denied bail to their three leaders. (ECV/Sunnex)