12 mutineers dishonorably discharged

Twelve junior military officers who led the failed Oakwood mutiny on July 27, 2003 were dishonorably discharged from the service yesterday after a court-martial found them guilty of violating Article of War 96.

They are: Army Captains Milo Maestrecampo, Albert Baloloy, Gerardo Gambala, Elvin Ebreo, Lawrence Luis Somera, and John Andres; 1st Lieutenants Rex Bolo, Von Rio Tayag, Audie Tocloy, Cleo Donga-as, Florentino Somera and Christopher Brian Yasay.

The 12 officers pleaded guilty to violating Article of War 96 (Conduct unbecoming of an officer and a gentleman) last July 10.

Their co-accused, Army 1st Lieutenant Lawrence San Juan, entered a not guilty plea.

Brig. Gen. Nathaniel Legaspi, court-martial president, said the 12 officers were dishonorably discharged from the military service for “bringing great dishonor to the noble profession of arms.”

“This court-martial, after deliberation in chambers and by secret balloting, and with the admission of the accused, finds the accused guilty beyond reasonable doubt of the military offense,” he said.

The convicted military officers will continue to receive their salaries and allowances unless revoked by President Arroyo, the commander in chief of the Armed Forces, Legaspi said.

Dishonorable dismissal from the service is the maximum penalty for violating Article of War 96.

The sentence will take effect upon the approval of Mrs. Arroyo.

On the other hand, Armed Forces chief Gen. Hermogenes Esperon Jr. said the decision of the military tribunal is still subject to his review.

Despite the ruling, the 12 officers will remain under military detention following a ruling of Makati Regional Trial Court Judge Oscar Pimentel affirming the jurisdiction of the Armed Forces over them, he added.

Last June 6, 54 of the 61 accused military officers struck a plea bargain with military prosecutors for them to plead guilty to charges of violation of Articles of War 97 (Conduct prejudicial to good order and military discipline).

However, they asked for the dropping of charges of violation of Articles of War 63 (Disrespect to the President, Vice President and the secretary of national defense), 64 (Disrespect to senior officers), 67 (Mutiny), 96 and 97.

They are set to be released from detention in January next year. They will be discharged dishonorably and cannot expect to be reinstated into active duty.

Last May 2005, 184 enlisted men entered into a deal with military prosecutors and were released from detention, reinstated into the service but were demoted.

A portion of their salaries was also forfeited.

The 12 convicted officers were among 29 leaders of the Oakwood mutiny, when soldiers took control of the posh Oakwood apartment building in Makati for several hours.

It ended without violence.

Another 15 officers were expected to enter into deals with military prosecutors, lawyers for the coup leaders told reporters.

Only Sen. Antonio Trillanes IV and another accused military officer have refused to make deals and will fight it out in court.

About 80 officers and 200 enlisted men were court-martialed for the mutiny.

A few dozen were cleared because they were found to have been misled into taking part in the uprising.  – Reuters