Aquino-Galman soldiers seek presidential pardon

Twenty-three years after former Sen. Benigno "Ninoy" Aquino Jr. was assassinated, 14 soldiers convicted of his murder are seeking presidential pardon, though they maintain their innocence.

The Volunteers Against Crime and Corruption (VACC) has sent President Arroyo a letter requesting her to order the release of the soldiers of the defunct Aviation Security Command (Avsecom) from the New Bilibid Prisons (NBP) in Muntinlupa City.

The soldiers, who are serving double life sentences for the murders of Aquino and his alleged communist assassin, Rolando Galman, insisted they were wrongfully accused.

Tried and found guilty by the Sandiganbayan, they have been in prison for almost 20 years.

One of the convicts, Cordova Estello, was killed inside the NBP in December 2005 during a prison brawl.

Those who remain in prison are Ramon Bautista, Pablo Martinez, Rodolfo Desolong, Ernesto Marco, Rolando de Guzman, Ruben Mapano, Rogelio Moreno, Jesus Castro, Filomeno Miranda, Claro Lat, Arnulfo Artates, Arnulfo de Mesa, Felizardo Taran and Mario Lazaga.

VACC founding chairman Dante Jimenez, in his letter to the President, said that the surviving convicts in the Aquino-Galman slay are all over 70 years old. Prior to their murder convictions, these soldiers held ranks ranging from Army technical sergeant to captain.

According to Jimenez, most of the aging convicts are stricken with serious illnesses, such as diabetes, and are qualified to seek presidential pardon under Presidential Memorandum Circular No. 155.

"The VACC respectfully requests Her Excellency to grant absolute pardon without necessarily admitting any guilt on the part of the ex-soldiers who were ‘wrongly convicted’ of the Aquino-Galman double murder case on August 21, 1983," Jimenez said in his letter to Mrs. Arroyo.

"The VACC believes that the ex-soldiers, except Martinez, did not participate directly in the killing of Senator Aquino," he added.

Jimenez noted that latest testimonial evidence prove that it was Galman who was believed to have perpetrated the assassination, though the defense were unable to present evidence to support this claim during the trial because it was suppressed by the court.

There are also moves to re-open the Aquino-Galman murder case because of the suppressed evidence.

He said the Public Attorney’s Office (PAO) has even asked Malacañang for the commutation of the Avsecom soldiers’ sentences, but the request has still not been acted upon.

"We hope that this letter be favorably acted upon for the sake of justice and humanitarian reasons for the soldiers and their families," Jimenez said in his letter.

The VACC’s letter to Malacañang was sent in time for Aquino’s 23rd death anniversary today. It includes a copy of a handwritten note from the soldiers themselves in which they are asking for help and crying out for justice.

Though it seeks the pardon and release of the convicted soldiers, the VACC is also calling for more aggressive action to arrest yet another soldier implicated in the Aquino-Galman killings.

Jimenez said Mrs. Arroyo, through various law enforcement agencies, should pursue the capture of former Capt. Felipe Valerio, who was last seen in Pennsylvania, in the United States.

He said Valerio, whose warrant of arrest issued by the Sandiganbayan remains pending, can pinpoint the real masterminds behind the Aquino-Galman double murder.

"The government must take hold of (Valerio) so that the true brains behind the twin-slay can finally be identified. He’s the key. Meanwhile, the other soldiers who have been in jail for so long now, should be freed," Jimenez told The STAR in an interview.

"If we will not work together to find the truth, Ninoy’s spirit will always be restless and will hound this nation," he said.

What really happened on Aug. 21, 1983 at what was known then as the Manila International Airport remains cloaked in ambiguity, PAO Chief Public Attorney Persida Rueda-Acosta said.

On behalf of the 14 soldiers, Acosta filed a petition before the Supreme Court that said: "It is conceded that only petitioner Pablo Martinez was with Galman, and aware of the mission to assassinate Ninoy, for which the former had his own reasons for following such orders, for fear of his own life. However, the other members of the security detail of Senator Aquino, the petitioners herein, were merely ordered to give protection to the senator, and not to assassinate the latter."

Acosta said it would be an injustice to the former Avsecom soldiers — especially Artates and Taran, who are now seriously ill — if their appeal for a re-opening of the case will not be acted upon at the soonest possible time.

Artates is suffering from a kidney ailment while Taran is afflicted by and tuberculosis. Lazaga, who has diabetes, needs also to avail himself of treatment at hospitals outside of the NBP for speedy recovery.

A source in the NBP said the convicted Avsecom soldiers are qualified for presidential clemency, having been sentenced to double life sentences, of which they served more than 20 years.

"However, it is a big question to us why they were not considered as candidates for presidential pardon. Maybe because their case was a controversial one," the insider added.

‘Soldiers are sick’

The source also reiterated the need for the sick soldiers to get treatment in a tertiary hospital, as some other inmates who were allowed treatment outside the NBP recovered much faster.

Echoing the point made by Jimenez, Acosta said there is an urgent need for the Sandiganbayan to extradite Valerio, who is now living in the US: "The Department of Justice should order the National Bureau of Investigation to coordinate with the Interpol for the immediate apprehension of Valerio, who was issued an arrest warrant last year."

The accused have appealed that the case be re-opened through a motion for reconsideration they filed as a response to a resolution issued by the Supreme Court on March 8, 2005.

"The rule for granting a motion for new trial, among others, should be literally construed to assist the parties in obtaining a just and speedy determination of their rights," the motion read.

According to the motion, "court litigations are primarily for the search of truth, and a liberal interpretation of the rules are given the fullest opportunity to adduce proofs, is the best way to ferret out such truth. This dispensation of justice and vindication of legitimate grievances should not be barred by technicalities."

It noted that the Sandiganbayan’s Second Trial decision handed down in November 1990 was based on false forensic evidence. Further, the petition said, "the Honorable Court, with due respect, hastily disregarded Senior Police Officer 4 (Ruben) Cantimbuhan’s statement despite that the latter has yet to give his complete testimonial account before a competent court."

Cantimbuhan was the Special Weapons and Tactics (SWAT) van driver whose testimony was "deliberately suppressed by the defense counsel."

The van, which was parked near the China Airlines airplane’s stairs, was deployed to fetch Aquino at the airport. Cantimbuhan reportedly had a good view of the actual shooting of Aquino.

Acosta also asked an independent group of experts led by Prof. Jerome Bailen of the University of the Philippines to conduct a study of the physical evidence of the case, which is in their custody.

"A result of the new forensic review and analysis conducted by the group, as well as Cantimbuhan’s testimony if given the chance to be heard in court, would change the judgment on the case," she said.

However, until the SC sees merit in their petition, all Bautista, Castro, Lat, De Mesa, Moreno, Miranda, De Guzman, Mateo, Desolong, Aquino, Artates, Taran and Lazaga can do now is wait.

Aquino’s demise served as a catalyst to intensifying protest actions against the 20-year Marcos dictatorship that culminated in the 1986 EDSA I people power revolt that catapulted Aquino’s widow, Corazon, to the presidency.