At least 15 Magdalo officers want to plead guilty before military tribunal

By Ronron
March 14, 2007

At least 15 officers of the Magdalo group that took over the posh Oakwood Premiere Hotel in Makati City in July 2003 want to plead guilty now to lesser charges brought against them before a military tribunal.

Military prosecutors and defense lawyers refused to identify those interested to enter into a plea-bargaining agreement, although they said the group could become bigger in the next few days after the rest of the accused were enlightened by the pro’s and cons of the move.

During yesterday’s hearing at Camp Aguinaldo of the General Court Martial (GCM) trying the case of the Magdalo officers, senior military prosecutor Col. Pedro Davila disclosed that 15 to 20 officers from the group of 59 accused officers facing five Articles of War (AW) violations, including mutiny, are already decided to reverse their plea of not guilty to guilty.

“One is, the process is too long. They could also be bored already. And they have families, yet they are detained,” defense lawyer Edgardo Abaya told reporters in Filipino when asked after the hearing what prompted the change of pleading of some of his clients.

The group of 59 officers are facing charges for alleged violation of AW 63 (Disrespect towards the President, Vice President, Congress of the Philippines or Secretary of National Defense); 65 (Assaulting or Willfully Disobeying Superior Officer; 67 (Mutiny); 96 (Conduct Unbecoming of an Officer and a Gentleman); and 97 (Conduct Prejudicial to Good Order and Military Discipline).

Another group of 29 officers, who are the core Magdalo members, are also tried before the same GCM for alleged violation of AW 96. They are the same set of officers being tried at the Makati City Regional Trial Court for coup d’ etat charges.

Defense lawyer Rose Beatrix Angeles said in a separate interview that the proposed plea-bargaining agreement was presented to the military prosecution panel about two weeks ago, and is now awaiting the approval of Armed Forces of the Philippines (AFP) Chief of Staff Gen. Hermogenes Esperon, Jr.

She said among the conditions set by the accused are the following: 1) detention at a military facility for at least 10 more months upon the reading of the judgment; 2) continuous pay of salary until the finality of the judgment; and, 3) discharge (whether honorable or dishonorable is still subject of discussion).

But Davila said he would not settle for anything less than dishonorable discharge if his opinion is asked.

“My position is very hard. The military justice system is very harsh. So they must bear the most severe penalty for their offenses,” Davila said.

Angeles said it is likely that the accused who would change their plea will plead guilty to AW 96 since it carries the lesser penalty of dismissal from the service, compared to the four other charges.

Abaya said that after talking to all his clients yesterday after the adjournment of the hearing, he had a feeling that more accused will avail of the plea-bargaining agreement.

“We have reason to adopt a positive note on the probability of approval (of the proposed plea-bargaining agreement) by the higher authorities,” Davila said during the hearing.

From Esperon, the proposed plea-bargaining agreement will be presented to the GCM for final approval and implementation.

Former accused, all of whom are enlisted personnel, in the same case also entered into a plea-bargaining agreement.

For almost four years now, the prosecution has yet to start presenting evidence due to the administrative procedures that need to be attended to first.

“We have long been eager (to present our evidence). We have been prepared for a long time. The delay did not come from our part,” Davila said.

Some 300 junior officers and enlisted personnel seized the Oakwood Hotel on July 27, 2003 to protest the alleged corruption in the government and the military establishment./DMS