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By Anthony Vargas Reporter
A MILITARY tribunal on Wednesday
dismissed the court-martial charges
against four junior military officers linked to the short-lived
Oakwood mutiny on July 27, 2003.
Military prosecutors recommended
the dropping of charges against Army Capt. Francis Balan, 2nd
Lieutenants Engelbert Gay and Aldrin Baldonado and Ensign Ronald
Paras due to lack of evidence.
Colonel Pedro Hererra-Davila, the
lead military prosecutor, also recommended to the tribunal that
Balan and Paras be restored immediately to full-duty status.
But, Davilla said Gay and
Baldonado will have to face another court-martial for allegedly
conspiring with “destabilizers” who planned to bring down the
government last year.
Gay and Baldonado went on absence
without leave (AWOL) in early 2006, and were captured several months
later along with three Magdalo fugitives who bolted Fort Bonifacio
the same year.
Captured along with them were
Lieutenants Nathaniel Rabonza, Sonny Sarmiento, Patricio Bumidang
Jr. and Navy Lt. Junior Grade Kiram Sadava and were charged with
illegal possession of explosives in a Quezon City court.
The group when arrested in a posh
village in Quezon City on July 26, 2006 was planning to storm the
Batasang Pambansa Complex timed on President Arroyo’s State of the
Nation Address (SONA).
Baldonado, Balan, Gay and Paras
who were facing violations of Articles of War 68 (failure to
suppress a mutiny) and 96 (unbecoming conduct), have filed a
petition to drop the charges against them for lack of evidence.
Although the four were not
present when 300 Magdalo men occupied the ritzy Oakwood Apartments
in Makati City, their names were mentioned in a diskette recovered
from the building.
“The motion of the prosecution
for [nolle prosequi] is granted,” said the tribunal’s president,
Brig. General Nathaniel Legazpi during Wednesday’s hearing in Camp
Aguinaldo.
Davila explained to reporters
that the tribunal’s approval of the motion is still subject to the
concurrence of Armed Forces chief, Gen. Hermogenes Esperon Jr., the
convening authority.
“On account of their having
gone AWOL and conspired with destabilizers, accused Baldonado and
Gay will be prosecuted for a different case, before a different
court-martial,” he said.
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