Three rebel soldiers sentenced after pleading guilty to AW 97

By Ronron
June 13, 2005

Three of the six rebel soldiers who exposed alleged politicking in the Armed Forces of the Philippines (AFP) early last year were sentenced Monday to reduction of their salary and holding of their promotion within a year after they pleaded guilty on the charge of violating Article of War 97.

Col. Virgilio Espeneli, military court President, said Army Captains Peter Navarro, Philip Esmeralda, and Rembert Baylosis pleaded guilty to AW 97 (disorder and neglect to the prejudice of good order and military discipline) in exchange for the dropping of Article of War 96 (conduct unbecoming of an officer and a gentleman) which carries a harsher penalty of removal from service.

"This court … sentences you to forfeit two-thirds of your pay for six months (and) to be suspended for promotion for one year," Espeneli said during the promulgation of the order yesterday morning at the Army Officers Club in Fort Bonifacio, Makati City.

The three were among the six KAWAL PILIPINO members who called in January 2004 for the resignation of then Defense Secretary Eduardo Ermita and criticized the alleged politicking in the AFP. The rebel soldiers showed in their background an inverted Philippine flag.

"The trio admitted having committed acts prejudicial to the service. The group wittingly allowed themselves to be used by some misguided elements in furthering their ulterior motives," Army Information Officer Maj. Bartolome Bacarro told a press briefing after the promulgation.

Bacarro disclosed the three entered into a plea bargaining agreement with the prosecution last June 10. The previous month, more than 180 enlisted military personnel who took part in the failed Oakwood mutiny in July 2003 also entered into a plea bargaining agreement that resulted to their release from detention.

The two other Kawal members, Capts. Marcos Serafica and Muyusof Hasan, avoided prosecution after they turned themselves into state witness. The sixth member, Asadon Baltazar, was a civilian and could not be subjected to court martial.

Navarro, Baylosis and Esmeralda have been under solitary confinement in the last 16 months inside the Army headquarters in Fort Bonifacio. Their release will follow after the necessary administrative processes are accomplished.

Bacarro clarified the penalty against the three will only be effective until Judge Advocate Col. Gilbert Jose Roa approves the recommendation of the court.

But while defense lawyer Franklin Sunga expressed gratitude to the General Court Martial for the speedy resolution of the case, he said might file a motion for clemency for the removal of the one-year suspension of the soldiers’ promotion.

Baylosis said he is satisfied with the verdict but he maintained that what they did was not military adventurism.

"This exercise once again affirms the firm stand and commitment of the Army leadership that it will not tolerate any infraction of laws, regulations and policies," Bacarro said./DMS