Lim was giving significant account as witness at Makati court prior to march to Ayala - lawyer

By Ronron
November 29, 2007

Army Brig. Gen. Danilo Lim was providing the Makati City court a good account of the attempted Oakwood mutiny on July 27, 2003 on Thursday morning until he was taken by one of the accused that sparked the march to the Peninsula Manila Hotel, a lawyer who attended the trial said.

Atty. Trixie Angeles, lawyer of accused Magdalo officer Marine Capt. Nicanor Faeldon, told Manila Shimbun in a phone interview that Lim was testifying yesterday morning as a witness for the Magdalo officers being tried at the Makati Regional Trial Court Branch 148 for coup d’ etat.

She said Lim was already done with the direct examination by defense lawyers and was to be cross-examined by the prosecution when “somebody came in and took Gen. Lim.” This person was later identified as Navy Lt. Senior Grade James Layug and the incident happened at around 10:30 am.

“He (Lim) was saying significant things. He narrated events like conduct of talks… and the agreement that was arrived at that only the leaders will be incarcerated in exchange for their standing down when they were at Oakwood,” Angeles recalled.

“And he pointed out that it was Gen. Esperon who did not want that Oakwood agreement to be fulfilled,” she continued, referring to Armed Forces of the Philippines (AFP) Chief of Staff Gen. Hermogenes Esperon, Jr. who was then the Deputy Chief for Operations or J3 of the military.

The agreement, Angeles quoted Lim as saying, was that only the five of the leaders will be prosecuted under the Articles of War, while the rest will only be reprimanded or admonition. Also, it was agreed that their grievances will be addressed.

Apparently, the agreement was not complied with after the close to 300 accused mutineers were subsequently charged before the military and civilian courts. The accused also continue to complain that their grievances were not addressed.

Angeles said that according to Lim, the agreement was arrived at after a negotiation with Ambassador Frank Cimatu, Senator Gregorio Honasan, and the Magdalo leaders. Lim said he was there during the negotiation because there were members of the Scout Rangers Regiment, which he headed.

About two days after the takeover, during a meeting at Malacanang, Esperon allegedly expressed his objection to observing the agreement, Angeles quoted as saying.

Although Angeles is saying that Lim’s claims about Esperon’s refusal to honor the agreement could not have been the primary cause the walk-out of the accused, she is of the belief that this stirred their emotions to follow Lim when he was taken out of the courtroom, which is located at the 14th floor of the new Makati City Hall along J. P. Rizal Street.

“This (allegation against Esperon) did not really trigger (the walkout) but they (accused) took Gen. Lim’s statement as very significant. They felt they’ve been pushed too far. They were actually reacting to whatever narration Gen. Lim gave,” Angeles said.

Angeles claimed that when the trial began at 9am, the lawyers had no clue about any walkout and march of the accused, including Lim. She said that on Wednesday evening, they were just busy preparing for Thursday’s scheduled hearing.

She said that after the defense lawyers took turn in examining Lim, Judge Oscar Pimentel ordered a five-minute recess so the witness can take a rest.

And when the hearing was about to resume, and in the presence of the judge, Layug approached Lim at the bench and said, “Halika na!” (Let’s go!).

“I would say that it was not in any way chaotic because they just stood up and left, and there was not much resistance from their guards. I think some of the accused were just accompanied by their guards for their security,” Angeles recounted the incident.

She said not all accused though went with the group, as she saw staying behind Army Captain Gerardo Gambala, Air Force 1Lt. Ashley Acedillo, and one or two others more.

There are a total of 29 officers and two enlisted personnel being tried at Pimentel’s sala. Angeles said that yesterday, two or three, however, were not around, one of them was Army Captain Milo Maestrecampo.

Angeles said Pimentel was obviously “upset” with what happened, saying this was the first in his 37-year-old career as Judge.

“He told us that he’s already an old man… So when we resumed, he issued an order citing everybody, both the accused and the custodians, in contempt, and ordered their detention for 10 days,” she said.

Angeles said that when the next hearing resumes on December 11th and 13th, they still intend to invite Lim so his testimony can be completed.

“The Judge said he will not just let it leave like that. He will push to get Lim wherever he will be brought,” she said.

She pointed out that Lim was not cited in contempt by Pimentel./DMS