53 Magdalo men freed after GMA grants clemency

Fifty-three military officers who took part in the failed Oakwood mutiny four years ago were freed yesterday after they were granted executive clemency by President Arroyo.

The grant of executive clemency is contained in General Order No. 9.

It was not clear, however, whether these military officers, who had earlier struck a plea bargain with military prosecutors, would be dishonorably discharged from military service.

One of their comrades, Army 1Lt. Patricio Bumidang, who has turned state witness, will remain under military custody while the case against the core Magdalo leaders is being tried in court.

Armed Forces chief Gen. Hermogenes Esperon Jr. said upon release, the 53 will be “separated from the service... they are released as civilians,” but would still be entitled to receive their military benefits.

“Rather than have them wait up to Jan. 27, the President decided to commute (their sentence) by more than a month so that they could enjoy Christmas with their families,” he said.

“The general order number nine issued by the President for the commutation of the sentence of the 53 officers is effective Dec. 18 but because of some processing requirements we can release them only now, so that effective today they are released as civilians, they are separated from the service without prejudice to benefits that are due them for the services that they have rendered while in the service.”

Esperon said Mrs. Arroyo decided to release the 53 yesterday instead of Jan. 27 next year because it would make no difference as they shall have by then served their sentence of seven years and six months.

“It was reduced by three years because of mitigating circumstances, so it’s four years and six months actually, and that comes on Jan. 27, 2008 and so rather than have them wait up to that time, the President decided to commute that by more than a month so that they could enjoy Christmas with their families,” he said.

“The military justice system has taken its course. They pleaded, they have been charged with heavier offenses but they pleaded to lighter offense, which is Article of War 97 (conduct prejudicial to good order and military discipline), which resulted in their sentence of seven years six months.”

Twenty-nine other officers considered as the core leaders, among them now Sen. Antonio Trillanes IV, who was then a Navy lieutenant, are still being tried and face the more serious charge in a civilian court for coup d’etat.

Marine Capt. Nicanor Faeldon, another Oakwood mutineer, who joined Trillanes and Brig. Gen. Danilo Lim in the Nov. 29 Peninsula Manila hotel standoff, remains at large and still faces coup charges in a cvilian court.

Trillanes, Faeldon and other Magdalo ringleaders have not entered a plea before the court martial.

Esperon said the military cannot release the 12 Magdalo core leaders even if they have pleaded guilty before the military tribunal because they are still on trial for coup d’etat before the Makati City Regional Trial Court.

“We could not act on that, they have pleaded, that has been approved and in fact, they are expected to be released anytime, but they are still facing charges at the regional trial court,” he said.

The 12 military officers will remain in military custody until a decision has been issued in the case against them before the civilian court.

The 184 enlisted personnel who joined the failed mutiny were released from detention two years ago after pleading guilty to the charges filed against them before a court martial.

The military officers released from detention yesterday were: Navy Lieutenant Senior Grade Norberto Santiago; Navy Lieutenants junior grade Marco Angelo Ancheta, Ceferino Diega III and Ronald Galicia; Ensigns Victor Odulio, Ian Luis Badecao III, Ronald Diso, Arjohn Elumba, Brian Babang, Jeffrey Bangsa, Jonah Arugay, Jonathan Jay Adlawan, Emerson Rosales, Elmer Cruz, Rey Galano, Juvenal Azurin, Lyle Rosas, Cesar Tamba and Jeffrey Dakilanea;

First Lieutenant Wilfredo Camacho and Ronald Ricardo; Second Lieutenants Jigger Montallana, Adrian Alvarino, Jayvee Macarubbo, Archie Grande and Mark Dennis Derecho, Danny Canaveral, Leopoldo Apillañas, Oswald Dira, Samsudin Lintongan, Mark Damaso, Giovanni Balian, Edgardo Aguilar, Norman Spencer Lo, Larry Cendaña, Javelino Sani, Lexington Alonzo and Philmore Runn, Jonathan Costales, Emerson Margate, Julius Navales, Jose Enrique Dingle and Jeffrey Caoguiran, Laurefel Caballes Warren James Tayaban, Warren Quasay, Nestor Jason Gamboa, Archiebel Rañel, Jeffrey Tacio, Regino Orteza, Noel Tomonglay, Joel Plaza and Charleston Tan.

The 54 military officers were charged with, among others, violation of Article of War 67 (attempting to create or begin a mutiny), and Article of War 96 (conduct unbecoming of an officer and a gentleman).   – James Mananghaya