5 Magdalo men change plea before court martial

Posted at 04/04/2008 1:05 PM

Five of the 22 remaining Magdalo soldiers still facing court martial proceedings Friday changed their plea before the tribunal from not guilty to guilty.

Army 1st Lieutenants Nathaniel Rabonza, Lawrence San Juan and Sonny Sarmiento entered a guilty plea to Article of War 96 or conduct unbecoming of an officer and a gentleman.

Meanwhile, 2nd Lieutenants Jason Panaligan and Christopher Orongan pleaded guilty to Article of War 97 or conduct prejudicial to good order and discipline.

The soldiers are facing court martial for their alleged involvement in the failed 2003 Oakwood munity in Makati City.

Panaligan and Orongan entered into a plea bargain agreement with the military prosecutors wherein in exchange for the guilty plea, the military will drop the other charges against them.

Among the charges include disrespect to superior officers, disrespect to the President, mutiny and conduct unbecoming of an officer and a gentleman.

The two soldiers also asked for similar protection and treatment extended to 54 other Magdalo members who entered into a plea bargain last December.

Under the accord, the sanction given to the soldiers is time already served in detention and discharged from the service.

The military tribunal is set to hand down the verdict on the five Magdalo soldiers in the next hearing.

In case the court martial accepts their plea, Panaligan ang Orongan are expected to be freed immediately.

Rabonza, San Juan and Sarmiento, on the other hand, will remain in detention while a separate criminal case is still pending before the Makati City Regional Trial court.

Last Wednesday, nine junior officers accused of joining the failed 2003 Oakwood mutiny pled guilty to coup charges during a local court hearing.  

The nine officers of the Magdalo group who changed their original plea of “not guilty” to “guilty” were Captains Milo Maestrecampo, Gerardo Gambala, Alvin Ebreo, Laurence Luis Somera, Albert Baloloy and John Andres and First Lieutenants Cleo Dongaas, Florentino Somera and Kristoffer Bryan Yasay.

The nine are among 31 Magdalo officers and men facing trial before the sala of Makati Regional Trial Court branch 148 presiding Judge Oscar Pimentel.

Pimentel had to ask the nine junior officers twice to be sure that their change of plea was done voluntarily – to which the nine said yes.

Pimentel then set the promulgation of the charges against the nine junior officers on April 8.

The prosecution panel recommended to Pimentel to mete the maximum penalty of 17 years, 4 months, 1 day to 20 years.

Possible executive clemency
Lawyer Ernesto Francisco, one of the lawyers of the other members of the Magdalo group, said he found the soldiers' decision unusual since the promulgation of the court's decision is already set for next week.

"That is very unusual, that they will plead guilty to a capital offense. We need to ask their lawyers. The court has already set the promulgation of the case on April 8," he told radio dzMM.

He added: "It is also possible that they are just waiting for executive clemency. There could be an arrangement that they will be pardoned."

He said the judge asked the lawyer of the nine soldiers to submit a written motion to the court on the change of plea after the soldiers insisted that their plea be changed immediately.

Just for protest
Francisco, for the part of his clients, said that what the members of the Magdalo group did in 2003 did not constitute a coup’ d’etat.

The lawyer said the Magdalo members only chose to assemble in Oakwood hotel (now Ascott hotel) to jointly protest irregularities in the military and in the government.

He said his clients, before they went to Oakwood, were allegedly being hunted down by the military to prevent them from exposing the alleged irregularities.

The hearing Wednesday had the defense panel presenting the Region 12 director of the National Economic Development Authority who testified that a Liguasan Marsh oil exploration project did not have the endorsement of the socioeconomic planning agency even as President Arroyo approved the project.

Pimentel also said that the change of plea of the nine junior officers would not affect the case against the other members of the Magdalo group.

Only 27 of the accused members of the Magdalo group arrived in Wednesday’s Makati RTC hearing. Sen. Antonio Trillanes IV, who was a Navy Lt. s.g. in 2003 and eight junior officers sent waivers for their attendance.

Lawyer Rey Robles said Marines Capt. Gary Alejano was still at the Armed Forces of the Philippines Medical Center (V. Luna hospital) where the junior officer is being treated after he was initially confined at the Camp Crame Hospital last Saturday. With a report from Jorge Cariño, ABS-CBN News


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