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Thursday, April 03, 2008

 

Nine Oakwood mutineers plead ‘guilty’

Defense lawyers suspect deal with Malacañang so nine of the accused can get lighter sentencesDefense lawyers suspect deal with Malacañang so nine of the accused can get lighter sentences

By Jason Cruz Luna Contributor

Nine junior officers belonging to the Magdalo group including two of their leaders pleaded guilty to the coup charges filed against them for their participation in the short-lived Oakwood mutiny in 2003.

This caught the prosecution and defense lawyers by surprise.

The nine officers, all of them from the Army, include Captains Gerardo Gambala, Milo Maestrocampo, Albert Baloloy, John Andres and Alvin Ebreo, and Lieutenants Lawrence Luis Somera, Florentino Somera, Christopher Brian Yasay and Cleo Dongga-As.

Gambala and Maestrocampo along with former Navy Lt. Senior Grade and now Senator Antonio Trillanes 4th, James Layug and Marine Capt. Gary Alejano, were identified as the leaders of the group which seized the Oakwood Hotel on July 27, 2003, where they denounced corruption in the government and the military.

The manifestation to change plea was done by the nine officers during Wednesday’s hearing at the sala of Makati Regional Trial Court Judge Oscar Pimentel. Of the 31 accused, only 23 were present.

Trillanes and Layug did not show up in the hearing while Alejano has dengue and is still confined at the Armed Forces Medical Center in V. Luna, Quezon City.

Last year, San Juan changed his position and entered a guilty plea on the lesser offense of conspiracy to commit a coup. But Pimentel junked his motion.

Pimentel then ordered the said officers be re-arraigned, where they entered the guilty plea after the charge sheet was read to them.

Possible arrangement with Malacañang

But defense lawyer, Ernesto Fran­cisco Jr. said they found it “very unusual” that the accused would enter a guilty plea. He added the accused might have entered into an agreement with Malacañang that will result to a lower sentence or even an executive clemency.

“It’s very unusual that you will enter a guilty plea to a capital offense without prior arrange­ment. You should ask Malacañang if there is such an arrangement,” Francisco said.

The defense lawyer added that the accused are mistaken if they think that they will be able to get out of detention by changing their plea.

Francisco added that the accused and the prosecution were appa­rently prepared for the change of plea as the prosecution panel headed by State Prosecutor Richard Anthony Fadullon immediately recommended prison terms for the nine officers.

Fadullon recommended 17 to 20 years in prison for Gambala and Maestrocampo, and 10 to 12 years for the remaining six.

Fadullon said he recommended the prison term, which is one degree lower for the case because of mitigating circumstances like the peaceful surrender that ended the Oakwood stand-off, and their cooperation during the proceedings.

Fadullon also said that he was also surprised by the development and denied the contention of the defense that he had prior knowledge of the change of plea.

But he added that the prosecution welcomed the latest development because it bolsters their case against the accused, including Trillanes.

Pimentel set the promulgation of the sentence for the nine on April 8.

Francisco said he was surprised by the sudden turn-around of the accused though he said it would not affect the case of the rest.

He said his clients, Lt. Senior Grades Eugene Louie Gonzalez, Andy Torrato and Manuel Cabochan, Lt. Junior Grade Arturo Pascua Jr., 2nd Lt. Jonnel Sangalang, and Ensigns Armand Pontejos, Cesa3ari Yasser Gonzales and Julius Mesa were all unfazed by the development.

Francisco even expressed confi­dence that if given the chance to present their evidence and wit­nesses, the accused might even get an acquittal.

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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