By Ronron
March 6, 2007
Army 1Lt. Lawrence San Juan, one of the military officers charged of coup d’ etat before the Makati City Regional Trial Court (RTC), intends to change his not-guilty pleading to guilty for the lesser offense of conspiracy to commit the said crime.
During Tuesday’s hearing at the sala of Judge Oscar Pimentel at Makati RTC Branch 148, San Juan’s lawyer, Paulo Primavera, said in open court that the “accused strongly communicated his desire” to avail of a plea-bargaining agreement with the court.
The disclosure came several months after San Juan apologized to the Armed Forces of the Philippines (AFP) leadership and renewed his allegiance to the organization following his recapture on February 21, 2006. San Juan bolted from jail at the Philippine Army headquarters in Taguig City earlier on January 17 of the same year.
But the lawyers of the 30 other accused said they will object to San Juan’s request to enter into a plea-bargaining agreement, saying it is “out of time,” therefore, “highly irregular.”
“The request to file a motion for plea-bargaining agreement is supposed to happen before the formal offer of evidence by the prosecution,” said Reynaldo Robles, lawyer for accused resigned Navy Lt. Sr. Grade Antonio Trillanes IV (now a senatorial candidate under the Genuine Opposition ticket).
Conspiracy to commit coup carries a penalty of six-to-12-years imprisonment, while coup d’ etat is penalized with reclusion perpetua.
Saying he has “no problem” with San Juan’s intention, Pimentel told Primavera to put their manifestation in writing. The other defense lawyers shall then have 15 days to comment on that motion.
Asked if San Juan’s intention will eventually make him a “state witness,” Robles said: “It’s not feasible for him to become a state witness because the prosecution already rested its case.”
“The rule is that the testimony of the accused should not affect the other co-accused,” he added.
The prosecution rested its case late last year, presenting a total of 23 witnesses, including retired AFP Chief of Staff Gen. Efren Abu, the commander of the Philippine Army then and of the AFP’s Joint Task Force Libra at that time when some 300 junior officers and soldiers seized Oakwood Hotel on Ayala Avenue, Makati City. The said Task Force was tasked then to secure the seat of government in times of contingency, particularly for the forthcoming State of the Nation Address (SONA) then of President Gloria Macapagal-Arroyo.
Yesterday’s hearing was supposed to be the start of the defense’ presentation of evidence. This, however, did not happen.
Robles and the other defense lawyers, instead, told Pimentel that they are joining the motion filed by defense lawyer Theodore Te to demurrer to evidence.
“This is equivalent to motion to dismiss in criminal cases. It means the evidence presented was not enough to get a conviction,” Robles explained.
Robles maintained that no one among the prosecution witnesses testified about the presence of violence during the Oakwood takeover, an element of coup d’ etat as defined by the books.
Pimentel set the next hearing date on May 8th, six days before the midterm elections.
Aside from San Juan and Trillanes, 25 other accused were present during yesterday’s hearing. Four others were absent.
Earlier during the start of the hearing, Army Capt. John Andres was formally arraigned by the court and pleaded not guilty to the crime of coup d’ etat.
It was the first time Andres attended the trial since it began more than three years ago due to his medical condition.
After receipt of the AFP’s surgeon general’s medical report that Andres is already “mentally fit to start trial,” Pimentel ordered his court interpreter to read the charges against Andres and get his pleading.
The trial began 9:20 am and adjourned 10:15 am.
Before leaving the court, the accused were given 10 minutes to confer with their lawyer. It was after this conference when Trillanes confronted San Juan about the latter’s intention to recant his not-guilty plea.
Court insiders said they overheard Trillanes reminding San Juan not to implicate any of the accused when he pushes through with his plan.
“You should do it on your own,” Trillanes allegedly told San Juan in Filipino.
“Yes, I’m going solo with it,” responded San Juan. He then hit Trillanes by saying, “Is that how a Senator behaves?” apparently referring to the latter’s temperamental character./DMS
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