by Ellen Tordesillas
from MALAYA
‘How many times can they be dismissed from military service?’
Alameda said the evidence presented by the prosecution did not prove the charge of rebellion, which should have been non-bailable.
Alameda’s order supports common sense that what Trillanes, Lim and company did on Nov. 2007 did not constitute public uprising and taking up arms against the government which is the primary element of rebellion.
Immediately after the first reports on the Alameda order were out, the reaction of the military was positive. AFP spokesman Lt. Col. Romeo Brawner Jr said, “”We respect their constitutional right to seek bail and we respect the rule of law.”
He added that since the PNP has custody of Trillanes and Lim, it would be up to the police to carry out the order of the court.
But several hours later, Brawner was singing a different tune. He said “The group of Senator Trillanes cannot be released until after the military has agreed … because they are still facing general court martial…Under the military law, there is no such thing as bail.”
Between late morning, when Brawner issued his first statement, and later afternoon when he issued the hardline AFP position, did Ermita talk to AFP Chief Victor Ibrado to block the release of Trillanes and Lim?
I suggest that Ibrado review the case of the Magdalo officers and clarify the status of these officers. He will be retiring on March 10, and he would be leaving a legacy of justice if he stops being an agent of persecution of these officers who have suffered so much for standing up to an administration that has shown unbridled contempt for law and the Constitution.
The first question that Ibrado should ask is: What’s the status of Trillanes and the remaining Magdalo officers in detention?
(This does not cover Lim who was not involved in the July 2003 Oakwood incident. Lim is being tried in a general court martial for mutiny in connection with the alleged plan to withdraw support from Gloria Arroyo in February 2006 following the “Hello Garci” expose which revealed Arroyo’s role in the tampering of the 2004 election results.)
If Ibrado would take time to look at the records of the Magdalo case, he would see that in July 2008, Marine Capt Gary Alejano; Lt. (s.g.) James Layug; Lt. (s.g.) Eugene Gonzales; Lt (s.g.) Andy Torrato; Lt. (s.g.) Manuel Cabochan; Air Force Capt Dan Orfiano; Lt. Arturo Pascua; Air Force Lt, Billy Pascua; Lt. Jonnel Sangalang; Lt. Armand Pontejos, and 1Lt. Ashley Acedillo entered into a plea bargain. They pleaded guilty of conduct unbecoming an officer and gentleman for which the punishment was dismissal from service.
They did this after talking with then AFP Chief Alexander Yano so that they would not be subjected to court martial on the Manila Pen incident.
It was not a “Gentleman’s Agreement” which was what the Magdalo officers thought they entered into with former AFP Chief Roy Cimatu representing Gloria Arroyo at Oakwood. The agreement was only the leaders would be charged in the military court. No charges would be filed in civilian court.
Arroyo reneged on the agreement entered into by her representative. Not surprising at all.
“Usapang lalaki,” was the term Yano used with the Magdalo officers. Last year, with Yano, comfortably ensconced as ambassador in Brunei and Ibrado at the helm of the AFP, they were served the charge sheet on the Manila Pen incident.
It is turning out that “word of honor” is a rare attribute among AFP chiefs of staff.
The charges were mutiny (which was dropped last month because it’s redundant with the rebellion case before the Makati RTC), conduct unbecoming an officer and gentleman, conduct prejudicial to good order, disrespect of the President, and breach of arrest/escape from detention.
The last charge is funny because how can there be a breach of arrest or escape from detention when the escorts were marching with them from Makati City Hall to Manila Peninsula?
The maximum punishment for these charges is dismissal from military service. But they have already been dismissed from service since July 2008! They are now civilians.
How many times can they be dismissed from military service?
In fact, in the court martial hearing last month, members of the panel were at a loss how to address the Magdalo guys. Captain? Lieutenant? Mister?
Last Wednesday, Ermita said the prosecution will contest the granting of bail. I hope Judge Alameda would be firm when Malacañang “checks” on him.
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E-mail:ellentordesillas@gmail.com
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