3 Oakwood Army captains enter plea bargain

Three Army captains charged and detained last year for denouncing corruption and politicking in the military and defense establishments pleaded guilty yesterday to violating Article of War No. 97, or conduct prejudicial to good and order and military discipline.

The general court-martial has slapped Captains Peter Navarro, Philip Esmeralda and Rembert Baylosis with a reduction of two-thirds of their salaries for six months and the suspension of their promotions for a year.

"This court sentences you to forfeit two-thirds of your pay for six months (and) to be suspended for promotion for one year," read the verdict of the general court-martial promulgated at the Army Officers Club in Fort Bonifacio, Makati.

In exchange for their plea, the general court-martial dropped the charges of violating Articles of War No. 96 or conduct unbecoming of an officer and a gentleman against Navarro, Esmeralda and Baylosis.

Violation of Articles of War No. 96 carries the harsher penalty of dismissal from the service.

Army spokesman Maj. Bartolome Bacarro told reporters yesterday the three military officers had entered into a plea bargaining agreement with the prosecution last June 10.

"The trio admitted having committed acts prejudicial to the service," he said. "The group wittingly allowed themselves to be used by some misguided elements in furthering their ulterior motives."

Bacarro said the penalty against Navarro, Esmeralda and Baylosis will take effect after the Judge Advocate General, Col. Gilbert Jose Roa approves the recommendation of the military court.

"This exercise once again affirms the firm stand and commitment of the Army leadership that it will not tolerate any infraction of laws, regulations and policies," he said.

They will be released after the necessary administrative processes have been accomplished, he added.

Navarro, Esmeralda and Baylosis were among the six Kawal Filipino members who called for the resignation of then Defense Secretary Eduardo Ermita early last year for alleged politicking in the Armed Forces.

Last month, more than 180 enlisted men who took part in the failed July 2003 Oakwood military mutiny also entered into a plea bargaining agreement, resulting in their release from military detention.

Two other Kawal members, Captains Marcos Serafica and Muyusof Hasan, avoided prosecution after they became state witnesses.

A sixth member, Asadon Baltazar, a civilian, could not be subjected to a military trial.

Navarro, Baylosis and Esmeralda have been under solitary confinement for the last 16 months inside Army headquarters at Fort Bonifacio.

Defense lawyer Franklin Sunga said he will appeal for clemency on the one-year suspension of the promotion of the three military officers.