Army leadership removes 26 enlisted personnel from the service due to alleged participation in the alleged February 2006 coup plot

By Ronron
October 25, 2007

The Philippine Army leadership has discharged from the service and released from detention 26 of the 40 enlisted personnel accused of involvement in the alleged February 2006 coup plot.

Army spokesman Lt. Col. Ernesto Torres, Jr. said Army chief Lt. Gen. Alexander Yano issued the order that took effect Wednesday due to a “great preponderance of evidence against the 26 that they have violated the Articles of War 67, which is Mutiny or Sedition, and Article of War 97, which is conduct prejudicial to good order and military discipline.”

Torres said Yano based his order upon the recommendation last year of the Adhoc Investigating Committee of the Armed Forces of the Philippines (AFP) and the Army Inspector General to remove the 26 from the service.

But former Army chief Lt. Gen. Romeo Tolentino, the predecessor of Yano, had opted to withhold the enforcement of the discharge recommendation until the group of officers who are dragged into the same allegation are arraigned, Torres said.

The 28 officers, led by former Marines commandant Maj. Gen. Renato Miranda and former Army Scout Rangers chief Brig. Gen. Danilo Lim, are still at the stage of exercising their right to challenge the members of the panel that will try them. Only after this can they be arraigned for violating various Articles of War.

“When Gen. Yano assumed as the new commanding general, he directed a review of the case. So, when the case of the 40 was reviewed, we found that there is no reason to delay the implementation of the discharge further,” Torres said.

“It’s been dragging for a long time already so, upon the advise of the military lawyers, the Commanding General, and after considering all the factors, he decided to remove the condition and implement the discharge,” he added.

Torres said the discharge order is based on military Circular 17, which gives the Army commander the authority to remove or discharge administratively an Enlisted Personnel from the service depending on his performance record.

“The Enlisted Personnel reenlist every three years. So the Reenlistment Board has the prerogative to extend the enlistment or not,” Torres explained.

Since they are discharged administratively, the 26 will not receive the usual benefits that a soldier normally gets when one retires honorably.

The 26 are the following: Staff Sgt. Benito Bagay, Sgt. Juanito Tercero, Jr., Sgt. Jose Famularcano, Jr., Cpl. Giovani Bonagua, Cpl. Medel Calda, Cpl. Dennis Pabillo, Cpl. Nicomedes Fernandez, Cpl. Jorie Espejo, Cpl. Rommel Pascua, Cpl. Zaldy Cabico, Cpl. Jayson Arellano, Cpl. Dennis Marzan, Pfc Pinley Amarante, Pfc Celso Castromayor, Jr., Pfc Winston Tingabngab, Pfc. Aristotle Lucena, Pfc. Kernell Mahimnayan, Pfc. Emmanuel Derilo, Pfc. Jerry Avila, Pfc. Isidro Areja, Pfc. Larry Quinto, Pfc. Rommel Puna, Pfc. Robert Palaruan, Pfc. Dylan Monton, Pfc. Arleen Garcia, and Pfc. Arvin Daligdig.

All are Scout Rangers who are based in the Bicol region but were held after they were allegedly intercepted in Sipocot, Camarines Sur while they were allegedly on their way to Metro Manila to join the anti-government efforts in February last year, Torres said.

The military had said then that some officers and soldiers will join the planned mass gathering on October 24.

Torres said the 26 were already released from jail by noontime Thursday after undergoing medical check-up.

The Army leadership, meanwhile, has yet to decide on the case of the 14 other enlisted personnel.

Atty. Vicente Verdadero, the lawyer of the enlisted personnel, said the discharge order is illegal because “there was no formal charge” against the 26.

“Definitely, this is very much more than grave abuse of discretion… And the very cardinal question is this – why just now? Why not immediately after the investigation? And the most important of all, what is the basis for the discharge order?” Verdadero said.

Verdadero pointed out that the 26 just moved upon the orders of the Operations Officer of the Scout Rangers Regiment, Maj. Oriel Pangcog, who was earlier cleared of any charges by the military authorities.

Asked on their action against the military, Verdadero just said: “We will sue for damages for their detention.”/DMS