Reyes, Villanueva face coup raps

Defense Secretary Angelo Reyes, outgoing Armed Forces chief Gen. Diomedio Villanueva and two retired generals were charged yesterday with mutiny in connection with last year’s military-backed popular uprising that toppled the Estrada administration.

Explaining his side, Reyes said he had no choice but to defect to the forces supportive of then Vice President Gloria Macapagal-Arroyo or the country could have been plunged into anarchy.

At Malacañang, Acting Press Secretary Silvestre Afable welcomed the filing of the charges even as he said it was meant to question the legality of the Arroyo administration.

The mutiny charge, which is a capital offense punishable by death, was filed by newspaper publishers Ninez Cacho-Olivares, Amado "Jake" Macasaet, Estrada’s former Adviser on Political Affairs Lito Banayo and columnists Horacio "Ducky" Paredes and Herman Tiu-Laurel.

The complainants asked Ombudsman Aniano Desierto to immediately place Reyes and Villanueva under preventive suspension for at least six months pending investigation of the case.

Also cited as respondents were retired Generals Fortunato Abat and Leo Alvez.

Desierto said they will immediately evaluate the complaint for one week to determine if the respondents violated a law.

"This is a test case and it is a heinous crime and covered by death penalty," Desierto noted.

The charge was based largely on a book entitled "The Fall of Joseph Estrada" written by columnist Amando Doronilla of the Philippine Daily Inquirer which revealed an alleged grand conspiracy among the respondents to oust Estrada.

The information also cited an admission by Reyes before the Commission on Appointments that the Jan. 16 to 20 political upheaval was a coup d’ etat.

Under the leadership of Reyes, then AFP chief, the entire military hierarchy withdrew support from Estrada and proceeded to Epifanio de los Santos Avenue in Mandaluyong City, center stage of the revolution dubbed EDSA II.

Olivares noted that Doronilla’s book was complete and revealed everything, particularly how Reyes prevented his commander-in-chief (Estrada) from mobilizing military commanders to stop the uprising.

Reyes allegedly asked AFP’s major service commanders not to communicate with Malacañang.

"I ordered them to shut off their cellular phones to avoid further calls from Malacañang Palace," the book quoted Reyes as saying.

It also said Reyes and the other co-accused deliberately withheld intelligence information from Estrada needed to counteract the coup.

Olivares said Reyes did not even bother to report to Estrada his meeting with retired generals headed by Abat and Alvez, who were plotting their own mutiny.

"This test case will stabilize the government. You cannot have the military, in the guise of protecting the people, deciding for the people all the time," Olivares said.

For his part, Banayo said the information in Doronilla’s book has not been disputed by any of the respondents.

"We might not be able to control the events, so I decided to withdraw support from former President Estrada," Reyes clarified.

Defense department spokesman Ros Manlangit said Reyes could not comment on the case because he has yet to receive a copy of the information filed by the complainants.

Manlangit quoted Reyes as saying they have not been informed of the complaint, but would be ready to answer the allegations before the proper forum.

"How could I defend the former president who was no longer acceptable to the people?" Villanueva, for his part, said.

Afable said the Arroyo critics have all the rights to file a case for judicial relief for any of their grievances.

"But I’d like to say that the question of legitimacy has already been settled it would be very difficult for this case to prosper," Afable said.

He noted that bringing one’s grievances to the courts would be much better than engaging in destabilization moves.

He argued, however, that the legitimacy of the Arroyo government has been established by the Supreme Court.

"There is really no reason for them (respondents) to go on leave of absence or to be subject to any disciplinary sanctions because they are holding their posts in an official and lawful capacity," Afable stressed. — With Paolo Romero, Marichu Villanueva