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Wednesday, April 09, 2008

 

2 Magdalós get life in jail

Court gives seven others 12 years for 2003 failed coup

 
A Philippine court on Tuesday sentenced two junior Army officers to life in prison for their part in a failed coup against President Gloria Arroyo in 2003.

Seven other officers involved in the plot were given jail terms of up to 12 years, the court said. All nine belonged to the so-called Magdaló group of junior military officers. They had been on trial for more than five years.

Army Captains Gerardo Gambala and Milo Maestrecampo, who were among several ringleaders, stood silently and showed no emotion as the sentence was handed down by Judge Oscar Pimentel of the Makati Regional Trial Court.

Pimentel meted life terms or up to 40 years in prison on Maestrecampo and Gambala.

Captains Albert Baloloy, John Andres and Alvin Ebreo; and Lieutenants Lawrence Luis Somera, Florentino Somera, Christopher Brian Yasay, and Cleo Dongga-as were sentenced to six to 12 years’ imprisonment.

Malacañang welcomed the court ruling, saying the verdict would serve as a deterrent to future destabilizers and coup plotters.

Deputy presidential spokesman Anthony Golez said they respect the court ruling, which, he added, was “rendered under due process.”

“Those who committed crimes against the government and the Filipino people must pay the price for their anarchic action. We hope they learned their lessons well,” Golez said in a statement.

All nine will remain in military custody pending the 15-day period given by the court for them to file an appeal.

The Armed Forces of the Philippines declined to comment on the judgment saying the decision was not yet final and executory.

It will be “speculative” for the military to comment on the verdict, said Lt. Col. Bartolome Bacarro, the chief of the Office of Public Information.

The nine were among 31 officers who had changed their plea to guilty last week after earlier denying the charge.

It was unclear why they changed their plea, but press reports have suggested they may have entered into a deal with the government.

Bacarro said there was no agreement between the military and the nine Magdalós in connection with the officers’ change of plea from not guilty to guilty.

He added that the military has not yet tackled the issue of pardon, particularly the possibility of endorsing to the President that she grant them executive clemency.

When asked if the nine officers deserve pardon, Bacarro said it is beyond the military to determine so.

The Magdaló group led some 300 soldiers in taking over a luxury apartment-hotel in Makati City and calling on President Arroyo and her top generals to step down over alleged corruption.

The nine mutineers were also among 31 military officers and men who were earlier recommended to be dishonorably discharged from the military service for their involvement in the July 27, 2003 uprising for violating Articles of War 96 (conduct unbecoming an officer and a gentleman).

The rebellion was put down in less than 24 hours, and all ringleaders were arrested and detained.

Mrs. Arroyo subsequently freed most of the enlisted personnel, saying they were only duped into joining the rebellion.

The group has drawn a certain amount of public sympathy.

One of the ringleaders, ex-Navy Lieutenant Antonio Tril­lanes 4th, last year won a seat in the Senate while campaigning from behind bars.

In 2006, Mrs. Arroyo crushed another coup plot and jailed at least two generals and several senior military officers who had withdrawn their support for her over allegations of corruption and vote-rigging.

Lawyer Hortensio Domingo, who served as the counsel of the nine officers, presented a certification issued by Capt. Federico Amboy Jr., commander of the Army Custodial Unit, that all the accused were accorded the treatment as convicted prisoners since 2003.

Pimentel said the court found the officers guilty of the crime of coup d’etat based on evidence presented by the prosecution.

“The prosecution was able to establish beyond reasonable doubt that all the accused committed the crime of coup d’etat under Article 134-A of the Revised Penal Code with Captain Gerardo Gambala and Milo Maestrecampo being leaders while the rest are mere participants,” his ruling stated.

The prosecution had presented 22 witnesses, including former Armed Forces chief Efren Abu.

Assistant State Prosecutor Richard Anthony Fadullon, head of the panel of prosecutors in the case, said the ruling caught them by surprise. According to him, they recommended lighter penalties for the nine officers when they changed their plea to guilty during last week’s hearing.

The court had granted the petition for bail of the officers four years ago except for the core leaders but they remained in detention since they still faced charges before a court-martial.

The prosecution earlier recommended 17 to 20 years’ imprisonment for Gambala and Maes­trecampo and 10 to 12 years for the remaining seven.

Fadullon said the verdict would dispel notions that the accused had entered into an agreement with the prosecution for lighter sentences.

State Prosecutor Juan Pedro Navera, who managed to confer with the convicted officers at the personnel office of the court while they were waiting for a copy of the decision, said the officers feel “relieved” at the decision.

Senator Trillanes and the rest of the 31 accused junior officers did not join the nine officers’ change of plea. This was the reason why Pimentel did not hand out the sentence for Trillanes and the others, who will continue presenting their defense.

Defense lawyers Reynaldo Robles and Ernesto Francisco had said the action of the nine should not have an effect on the rest of the accused, but the prosecutors said they believed otherwise.

In late 2004, the group of Maestrecampo and Gambala apologized to the government for the mutiny.

They later issued another statement expressing support for the Arroyo administration—one that did not sit well with Trillanes’ group and apparently caused a split in the group.
-- Angelo S. Samonte, Jefferson Antiporda, Jayson Cruz Luna and AFP

   

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