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Friday, April 13, 2007

 

Magdaló sentence may still change

By Anthony Vargas Reporter

THE military leadership could still revise the seven-year prison sentence of 54 junior military officers who were convicted for involvement in the 2003 Oak­wood mutiny.

On Wednesday a court-martial convicted the officers who pleaded guilty to conduct prejudicial to good order and military discipline, a lesser offense than mutiny which carries a penalty of life imprisonment.

The Judge Advocate General’s Office has sent the verdict to the Armed Forces chief of staff, Gen. Hermogenes Esperon Jr., for review.

The Armed Forces spokesman, Lt. Col. Bartolome Bacarro, said Esperon will determine if the verdict is commensurate to the offense.

“The sentence of [the court-martial] can be lessened, changed or upheld, but the guilty verdict stays,” Bacarro told a press briefing in Camp Aguinaldo on Thursday.

“The determination of guilt is up to the court . . . the chief of staff will study if the procedure was followed and if the punishment is commensurate to the offense committed,” he said.

After the review, the Armed Forces chief will forward the verdict to the President, who is the commander in chief, with the recommendation for the dishono­rable discharge of the officers.

“The President has the sole authority to remove us [officers] from commission ship,” Bacarro said.

The officers will be discharged after their sentence ends on January 27, 2008.

The court has credited the nearly four years the officers have served in detention and slashed three years more from the sentence after the defense raised three mitigating circumstances in the plea bargain.

The circumstances are: that the officers surrendered after the failed mutiny; that they offered a plea bargain and that they have been languishing in detention.

The 54 officers does not include the 29 officers who reportedly led the short-lived mutiny, former Navy officer, Antonio Trillanes IV, who is running for a Senate seat.

   
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Severino O. Frayna Jr., Benjie Dela Rosa
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