Military court sentences 54 Magdalo junior officers to dishonorable discharge from the service, and continued detention until January 2008 for pleadin

By Ronron
April 11, 2007

A military court on Wednesday recommended 54 junior officers who took part in the Oakwood mutiny in 2003 to be removed from the service until they have completed their court-imposed terms of confinement on January 27, 2008.

This after they pleaded guilty to violating Articles of War 97 or conduct prejudicial to good order and military discipline, in exchange for the dropping of charges for violation of AW 63 (Disrespect to the President, et. al.), 64 (Disrespect to Superior Officers), 67 (Mutiny), and 96 (conduct unbecoming of an officer and a gentleman).

“Wherefore, premises considered, this General Court Martial (GCM), after confidential deliberation in chamber and upon secret ballot, declares upon its unanimous votes that the accused are hereby adjudged to be guilty beyond reasonable doubt of the military offense for violation of AW 97,” court law member Lt. Col. Ana Escarlan said in open court at Camp Aguinaldo, Quezon City.

The penalty of continued detention until January 27, 2008 for the 54 officers, with ranks ranging from Captain to Second Lieutenant, was arrived at after the court considered their detention since July 28, 2003, and three mitigating circumstances that their lawyers cited.

First is the voluntary surrender of the accused. Second is the voluntary change of plea. And third is the their long confinement in jail.

The court said the dishonorable discharge of the officers will only be effective upon the completion of their full sentence to confinement.

“Furthermore, it should be noted that their discharge from the Armed Forces of the Philippines is effective only upon the approval by the President or the Commander-in-Chief,” Escarlan said.

If an AFP member is dishonorably discharged, he or she does not get any benefits other than his personal contributions to some pension agencies. He or she is also barred from being employed in any government office, said AFP Public Information Officer Lt. Col. Bartolome Bacarro.

Bacarro said the confinement penalty against the 54 will have to be approved by AFP Chief of Staff Gen. Hermogenes Esperon, Jr., while the dishonorable discharge recommendation will need a Presidential action.

The 54 officers are comprised of eight from the Philippine Air Force, 19 from the Philippine Navy, 14 from the Philippine Marines and 13 from the Philippine Army.

Seven other officers opted not to avail of the said plea-bargaining agreement that the 54 entered into since they want the trial to proceed, said defense lawyer Trixie Angeles.

Two of the seven are actually still awaiting a resolution of the AFP Special Adjudication Board (SAB) to their application for a dropping of charges against them.

Earlier in the day, the court recognized and implemented an AFP SAB resolution dated February 22, 2007 that cleared five other junior officers from AW charges in relation also to the Oakwood incident.

But only four will be freed since the other one has gone absent without official leave and remains unaccounted for until yesterday.

The AFP SAB said all five were cleared of charges after the evidence against them were found to be weak.

On July 27, 2003, some 300 officers and enlisted personnel took over Oakwood Hotel in Makati City to protest the alleged massive corruption in government./DMS