Magdalo leaders mull entering into plea-bargain

By Ronron
June 6, 2007

Most of the core leaders of the Magdalo Group that attempted a mutiny in July 2003 in Makati City are now entertaining thoughts about entering into a plea-bargaining agreement with the military prosecution.

After almost four years of detention, 27 of the 29 junior officers who led the so-called Oakwood Mutiny on July 27, 2003 said, through their lawyers on Wednesday, that they might come up with a proposed plea-bargaining agreement to end their case at the General Court Martial (GCM).

The 29 officers, led by resigned Navy Lt. Sr. Grade Antonio Trillanes IV (now a Senatorial candidate), Army Captain Milo Maestrecampo, Army Captain Gary Alejano, Navy Lt. Sr. Grade James Layug, and Marines Captain Nicanor Faeldon, are facing charges of violation of Articles of War 96 (conduct unbecoming of an officer and a gentleman) before the GCM.

They face a separate case of coup d ‘etat being tried before the Makati City Regional Trial Court Branch 148.

Except for Trillanes and Faeldon, who were both absent during Wednesday’s GCM proceedings at Camp Aguinaldo, the Magdalo leaders formally manifested their intent to go into a plea-bargaining agreement before the military prosecution and the court, Presided over by Brig. Gen. Nathaniel Legaspi.

Defense lawyer Edgardo Abaya said the Magdalo officers brought up the issue before him before yesterday’s proceedings began.

“We haven’t really discussed it thoroughly yet that’s why we asked for a one month period so we could examine the possibility of a plea bargaining. It’s not yet guaranteed,” Abaya told reporters after the hearing’s adjournment.

Among the possibilities are the pleading of guilty to the charge of violation of AW 96, or the pleading of guilty to a lesser offense.

“I couldn’t really say yet as to what is acceptable to them because we still have to discuss the content of the offer in the plea bargaining – whether it’s on the same offense or we look for another offense,” Abaya explained.

Under the process, the defense will make a proposed plea-bargaining agreement to the military prosecution. If the military prosecution accepts it, it will seek the approval of Armed Forces chief of staff Gen. Hermogenes Esperon, Jr. before it is presented to the GCM, which will eventually deny or approve it for implementation.

The rest of the 300 Magdalo officers and enlisted personnel have availed of plea-bargaining agreements in the past, ending their cases at the GCM.

The lawyer surmised that the reason for the change of mind of the Magdalo officers is “more of practicality,” since they could end up with the same penalty of dishonorable discharge from the service if indeed they pursue the case on trial.

“It could be a factor that since they have been detained for so long already, about four years now. Besides, their case at the RTC is bailable, so there will no longer be a reason for them to be detained except this court martial proceedings,” Abaya said.

Abaya said he has yet to consult Trillanes on the planned plea-bargaining, while Faeldon, according to his lawyer, was already firm on his stand about pursuing the case.

Sharing Faeldon’s decision are six other junior officers who are not from the core group and are facing separate GCM charges for alleged violation of Articles of War 63 (Disrespect to the President, et. al.), 64 (Disrespect to Superior Officers), 67 (Mutiny), 96, and 97 (conduct prejudicial to good order and military discipline).

“This is for consistency, for the same reason that they went to Oakwood. It’s a question of principle. They have submitted themselves to the procedures, to due process. But there is really no expectation of justice here. The system has not changed,” lawyer Trixie Angeles said of the decision of her clients, namely Faeldon, 2Lt. Junibert Tubo and 2Lt. Edwin Duetao, all from the Marines.

The court gave both panels until the first week of July to submit their agreed proposal./DMS