AFP begins case build-up against soldiers who took part in Nov. 29 uprising

By Ronron
December 7, 2007

The Armed Forces of the Philippines (AFP) is starting a case build-up against their personnel who took part in the November 29 uprising in Makati City.

AFP spokesman Lt. Col. Bartolome Bacarro told Defense reporters Friday that military lawyers are beginning to review video footage of the day-long incident that began with a walkout of the accused Magdalo officers at a Makati City court until their takeover of the Manila Peninsula Hotel in the same city some two to three kilometers away.

“The official investigation will start once the PTI (pre-trial investigation) officer is designated. We can say that we are just in the preparatory stage – gathering materials, reviewing them,” Bacarro said.

He said they are deferring the start of formal investigations against the active servicemen who took part in the incident until the Philippine National Police (PNP) completes its investigation.

Bacarro said that among those he is sure to be investigated are the 11 active Magdalo officers who walked out of the courtroom of Judge Oscar Pimentel, Army Brig. Gen. Danilo Lim, and Marine Private First Class Arvin Celestino.

Bacarro said these personnel may face charges in addition to their previous ones for possible violation of the Articles of War.

The 11 Magdalo officers, all of whom are now detained except Marine Capt. Nicanor Faeldon, are facing coup d’ etat charges before Pimentel’s sala and various violations of the Articles of War before the General Court Martial (GCM) for their participation in the 2003 Oakwood Mutiny. They were recently charged before another Makati City court with rebellion in relation to the November 29 incident.

Lim, for his part, is undergoing court martial proceedings for his alleged participation in the alleged power grab plot in February 2006. He is also among those charged recently with rebellion for the November 29 incident.

Celestino, on the other hand, was among those punished for his participation in the 2003 Oakwood Mutiny. Now, he has been charged before the Department of Justice with rebellion for the November 29 incident also.

“For example, I committed breach of discipline. While I am being tried, and then I committed the same violation, my first case of course cannot prevent the military court to file another case against me,” Bacarro said.

“If warranted that there are violations on the provisions of the Articles of War,” then additional charges may be slapped against the mentioned personnel, he added.

Meanwihle, Bacarro refused to disclose which particular unit in the military is Celestino being kept now, except to say that the latter is under the custody of the AFP already.

The DOJ has ordered the transfer of Celestino to the AFP from the PNP after he was charged before the Department of Justice on Wednesday night.

He was alleged to be a part of the security team of the November 29 family who managed to escape together with Faeldon, and two former soldiers./DMS