13 Oakwood mutineers move for dismissal of charges

Thirteen of the junior officers charged in the 2003 Oakwood mutiny moved for the dismissal of their case, citing the dropping of coup d’etat charges against Sen. Gregorio Honasan.

The junior officers led by Army Captains Gerardo Gambala and Milo Maestrecampo filed a motion before Makati Regional Trial Court Branch 148 Judge Oscar Pimentel urging that the same charges against them be dropped after Honasan, whom they tagged as the mastermind of the Oakwood mutiny, was cleared.

“Justice and fundamental principles of fair play dictate that the herein case against the accused be dismissed immediately with the exoneration of Senator Honasan, the alleged mastermind, lest the accused’s constitutional right to equal protection of the law be transgressed,” the junior officers stated in their 20-page motion.

Aside from Gambala and Maestrecampo, the other junior officers include Army Captains Albert Baloloy, Alvin Ebreo, Laurence Louis Somera, John Andres; First Lieutenants Warren Lee Dagupon, Cleo Dongga-as, Rex Bolo, Florentino Somera, Bryan Yasay, Audie Tocloy and Von Rio Tayab.

Through their lawyers Hortensio Domingo and Elaine Vicaldo Rombaoa, the 13 junior officers claimed the junking of the coup charges against the senator “exposes the weakness and inconsistencies in prosecution’s case” against them.

The junior officers, all belonging to the Magdalo faction, said the Honasan case’s dismissal only strengthened their innocence.

The 13 earlier filed a motion to dismiss, citing lack of evidence.

“We and Senator Honasan are charged with the same offense based on the same facts, issues and circumstances and therefore, we should likewise be exonerated after the DOJ (Department of Justice) junked the case against Senator Honasan,” they said.

“In a conspiracy not all co-conspirators need be present in the crime scene,” the 13 officers also pointed out.

The 13 were among the junior officers who led some 300 of their men in seizing the Oakwood Premier Ayala Center in Makati City on July 27, 2003 to highlight their one-day mutiny against President Arroyo and other government officials whom they accused of high- level corruption.

They were later charged with coup d’etat before the courts aside from a military court-martial.

In a supplemental complaint, the DOJ led by Assistant Chief State Prosecutor Richard Anthony Fadullon and State Prosecutor Juan Pedro Navera tagged Honasan as the alleged mastermind of the mutiny.