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A COURT
martial has found 11 junior officers on a case guilty of
participation in the occupation of Oakwood Premier Hotel
in Makati City in 2003 an ordered them dismissed from
the military service.
Special
General Court Martial 1, headed by Maj. Gen. Nathaniel
Legazpi, found the 11 members of the rightist Magdalo
Group in violation of Article of War 96 (Conduct
Unbecoming an Officer and a Gentleman).
The
officers are Capt. Gary Alejano; Lt. Senior Grade Andy
Torrato; Capt. Segundo Orpiano; Lts. Senior Grade Eugene
Louie Gonzales, James Layug and Manuel Cabochan; Lt.
Jonnel Sangalang; Lt. Junior Grade Arturo Pascua Jr.;
Lt. Francisco Ashley Acedillo; Lt. Billy Pascua; and
Ensign Armand Pontejos.
The
military tribunal, however, emphasized during its
promulgation of sentence on Thursday that its verdict
will only become “final and executory” once it is
approved by President Arroyo.
In
handing out the sentence, the mitigating circumstances
such as voluntary surrender and plea of guilty were
offered by the accused, who were expecting a lighter
sentence, as the case only mandates a single and
specific penalty—dismissal from the service.
“It must
be stressed that Article of War 96 unequivocally
mandates that any officer, cadet, flying cadet, or
probationary second lieutenant, such as the 11 accused
officers listed above, who is convicted of conduct
unbecoming an officer and a gentleman, shall be
dismissed from the service,” the decision said.
The
sentence came exactly a month after the officers changed
their original plea of “not guilty” to “guilty” after
meeting with Gen. Alexander Yano, which took place
minutes before the hearing on June 10.
Both
Yano and the officers, however, dismissed insinuations
that an agreement was reached during the meeting, with
the chief of staff saying that he was just told by the
Magdalo members that they already want to help the
government.
Through
their lawyers, the 11 told defense reporters that their
admission of the charges against them was just a
strategy, as this would give them the chance to do away
with their minor court-martial case and concentrate with
their other serious cases.
All of
the 11 convicts are also facing a separate case of coup
d’ état before the Regional Trial Court in Makati City,
still in connection with the occupation of Oakwood.
Except
for Acedillo, another case of rebellion was also filed
against them for taking over the Manila Peninsula Hotel
last year. |
