Court martial metes dishonorable discharge to 12 Magdalo officers

By Ronron
August 22, 2007

A military tribunal on Wednesday ordered the dishonorable discharge from the service of 12 Magdalo junior officers after their admission of guilt to staging the attempted mutiny in Makati City last July 27, 2003.

The 12 are Captains Milo Maestrecampo, Albert Baloloy, Gerardo Gambala, Elvin Ebreo, Laurence Luis Somera, and John Andres; and First Lieutenants Rex Bolo, Von Rio Tayab, Audie Tocloy, Cleo Dongga-as, Florentino Somera, and Kristoffer Bryan Yasay, all of the Philippine Army.

Maestrecampo and Gambala are among the six core leaders of the so-called Magdalo group. The others are former Navy Lt. Senior Grade Antonio Trillanes IV, now a Senator; Navy Lt. SG James Layug; and Marines Captains Gary Alejano and Nicanor Faeldon.

According to General Court Martial (GCM) President Brig. Gen. Nathaniel Legaspi, the 12 brought dishonor to the noble profession of arms when they seized the Oakwood Hotel and Apartment over four years ago to air their grievances against the government and the military leadership.

In a hearing last July 10, the 12 pleaded guilty to violating Articles of War 96 (Conduct unbecoming of an officer and a gentleman).

“This General Court Martial hereby imposes the following sentence, the sentence of dishonorable discharge,” Legaspi told the 12 during yesterday morning’s hearing at Camp Aguinaldo.

But Legaspi said the sentence will only take effect upon the approval of President Gloria Macapagal-Arroyo, the commander-in-chief of the Armed Forces of the Philippines (AFP).

The 12 will also continue to receive their salaries pending the finality of the sentence, or unless ordered otherwise by higher authorities. “No change in the status quo shall be made. They shall continue to do so unless otherwise ordered,” said Legaspi.

But their freedom is not yet imminent since they are among 29 officers (the alleged leaders of the attempted mutiny) facing coup d’ etat charge before the Makati City Regional Trial Court, together with two discharged enlisted personnel, over the same incident.

“If they are already discharged and they have become civilians, what matters is I have gained jurisdiction over them. So their custody remains with me,” AFP chief of staff Gen. Hermogenes Esperon, Jr. told reporters yesterday afternoon, citing an order from Makati City Judge Oscar Pimentel.

“You remember that I wrote Judge Pimentel?... He has ruled so they remain under my custody,” Esperon said.

Esperon said he may also act on the issue about the salaries of the 12 when he reviews the decision of the GCM before it reaches the level of the President.

“I’m studying that. If they are discharged, that means they are no longer in the service. So what’s the point of giving them salaries?” Esperon said.

With the discharge of the 12, only 24 junior officers remain on trial before the GCM, including Trillanes, Layug, Alejano, and Faeldon, for alleged violation of various Articles of War.

Last June 12, Arroyo approved the plea-bargaining agreement entered into by 54 other Magdalo junior officers with the GCM. They were sentenced to jail until January 27 next year and will then be meted with dishonorable discharge.

A few other accused officers have been cleared of the charges earlier by higher military authorities, while over 180 enlisted personnel, who also participated in the takeover, were absolved in May 2005 and restored to full duty status after also entering into a plea-bargaining agreement./DMS