Magdalo trial at Makati RTC expected to end by yearend

By Ronron
September 20, 2007

The Makati City judge handling the coup d’ etat case of the 29 junior officers and two former enlisted personnel allegedly involved in the 2003 Oakwood Mutiny wants to end the trial by the end of this year.

Judge Oscar Pimentel of Makati Regional Trial Court Branch 148 promised even during Thursday’s hearing of the case that he will not be late or absent in the upcoming hearings, contrary to what usually happens in previous hearings.

To realize said goal, Pimentel sought the agreement of both the prosecution and defense in coming up with fixed schedule of the upcoming hearings for the defense’ presentation of its evidence.

With the consent of both panels, the first hearing is set on October 10, while the last will be on November 22.

Pimentel then required the defense that seven days before the hearing date, they should provide a list of the witnesses they intend to present and the synopsis of their testimony.

“Failure to submit to the court and to the panel of State prosecutors the list of the witnesses and the documents in advance of the hearing will make the court disallow the presentation of the witnesses,” Pimentel said in open court.

“The court, likewise, seeks the commitment of the defense counsels not to seek the postponement of the trial so as to expedite the proceedings,” he added.

Pimentel acknowledged that the accused have been in detention since 2003 that is why the target goal of wrapping up the trial by yearend will also be good for them, he said.

“Naturally, they want an expeditious resolution of the case. If one party (from the defense) will not be able to present evidence, then they should make arrangement with the other parties (from the defense) for them to present their evidence,” the judge said.

Defense counsel Trixie Angeles, who represents accused Marine Captain Nicanor Faeldon, said if the schedule is strictly followed, then by December, they will have the summation of the case already.

And by January or February, Pimentel may already come out with a ruling, she said.

Angeles and fellow defense lawyer Reynaldo Robles, who represents former Navy Lt. Senior Grade and now Senator Antonio Trillanes IV, disclosed that aside from the testimony of the accused, they also intend to present evidence that would support their claim that there is no case because the crime of coup d’ etat, based on the definition under the law, is supposed to be committed at a government or military facility or installation./DMS