By Ronron
December 20, 2007
Fifty-three military junior officers who are described as non-core leaders of the Magdalo Group who took part in the 2003 Oakwood mutiny were released Thursday ahead of their scheduled discharge next month upon the orders of President Gloria Macapagal-Arroyo.
The 53 were among the 54 junior Magdalo officers who entered into a plea bargaining agreement with the General Court Martial (GCM) and were later sentenced to imprisonment until January 27, 2008 for being guilty of violating Articles of War 97 (conduct prejudicial to good order and military discipline).
The dishonorable discharge from service of the 54 was approved by Arroyo last June 12, 2007. In her General Order No. 9 dated December 18, 2007, Arroyo commuted their sentence, except that of Army 1Lt. Patricio Bumidang, who is facing other charges before military and civilian courts for his escape in January 2006 and the recovery of firearms and explosive materials during his re-arrest in July of that year.
The three-page Order stated that “the original sentence” of the 53 is “remitted to confinement until the date of the issuance of this Order and discharge from the military service without prejudice to separation benefits.”
It pointed out that “these young officers, whether their actions were legitimate or not, had simply been motivated by their patriotism and had no selfish intent to personally profit from their conduct; and hence, have expressed deep remorse for their misdeeds and errors of judgment in imprudently participating in that regrettable incident, and accepted the court-martial’s verdict, and now plead for executive clemency and to be permitted to remain in active military service.”
“To keep them up to January 27 would have actually made no difference as they shall by then have served seven years and six months, which is their sentence,” Armed Forces of the Philippines (AFP) chief of staff Gen. Hermogenes Esperon, Jr. told Camp Aguinaldo reporters yesterday after presiding a dialogue with the 53 prior to their release.
“Rather than have them wait up to January 27, then the President decided to commute that by more than a month so that they could enjoy Christmas with their families,” he added.
Esperon said the 53, whose ranks range from Captain to Second Lieutenant, are “separated from the service without prejudice to benefits that are due them for the services that they have rendered while in the service.”
The 53 were invited to a dialogue yesterday morning with Esperon and other senior officers of the military so they can be guided in their attempt to going back to mainstream society.
In fact, during the dialogue, one of the 53 who is from the Air Force was able to get an employment as a pilot at a commercial helicopter company upon the recommendation of Esperon, he said.
After their dialogue, the 53 returned to their respective detention facilities where they will process their discharge papers and pack up their belongings.
“They can go home, go on vacation, then we can see each other in January… We will meet because we like to help them also get some employment… Effective today, they are released as civilians,” Esperon said.
The 53 include 12 Army officers, eight Air Force officers, 19 Navy officers and 14 Marine officers. The Army officers have been detained at the Army headquarters in Fort Bonifacio, Taguig City; the Air Force officers at the Air Force headquarters in Villamor Airbase, Pasay City; and the Navy and Marine officers at the Bonifacio Naval Station in Fort Bonifacio, Taguig City.
Army 1Lt. Julius Navales, one of the released officers, said he is “very, very happy” with his release and his intends to meet his family immediately.
“This is a sweet day. We are happy that we can now be together with our families,” he said in Filipino.
He expressed a little sadness, however, when he admitted that like some of his colleagues, he also wants to be reinstated in the military service.
“I will really miss my military career,” Navales said.
Esperon said the military leadership is not totally closing its doors to the discharged officers who want to return to the service as he cited the skills and capabilities of some of them.
“Most of them, if not all of them, have signified their intention to remain in the service. They will have to manifest that probably in a letter. But right now, we already want to look at it. There has to be manifestations from their side,” Esperon said.
But he assured that if any of those discharged will be reinstated, they will undergo “a very strict processing.”
Asked if there is danger in reinstating them, considering that there have been recidivists, Esperon said: “That is for us to evaluate. But as I said, these are officers who have shown remorse, and the capacity to reform… (But) that is possible indeed. That will be part of our considerations especially in the light of the November 29 (incident) where we saw some recidivists.”
The military chief was referring to the takeover of the Manila Peninsula Hotel in Makati City by Senator Antonio Trillanes IV, one of the core leaders of the Magdalo Group, and other members.
Meanwhile, as to the case of Bumidang, Esperon said the junior officer cannot be released yet because will be a state witness in some cases.
Col. Pedro Davila of the military’s Judge Advocate General’s Office (JAGO) said Bumidang is a state witness to the criminal case he and some colleagues are facing before the Quezon City court after authorities recovered firearms and explosives from their alleged hideout during their arrest in July last year.
There is also an intention to utilize him as a state witness in the pending GCM cases over the Oakwood incident against the remaining 29 Magdalo leaders, and about seven others, Davila said.
Aside from that, Davila said Bumidang cannot be released when his sentence lapses on January 27, 2008 because he also has a pending case within the military for his escape in January 2006.
Asked about the message being conveyed to rebellious officers by Thursday’s development, Esperon said: “You can say that if you indeed commit infractions of the Articles of War, then you will be punished for it.”/DMS
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