Court staff said Makati City Regional Trial Court Branch 61 Judge Romeo Barza contracted an allergy early in the morning, preventing him from reporting to work and attending the 10 a.m. arraignment he had scheduled.
Twenty-seven junior military officers and two enlisted men from different military branches, led by Army Captains Gerardo Gambala and Milo Maestrecampo, and Navy Lieutenants Senior Grade Antonio Trillanes IV and James Layug, arrived early in court with their lawyers, Homobono Adaza and Reynaldo Robles.
They were to enter their plea of guilty or non-guilty to the crime of coup d’etat filed against them by the government.
Two other accused, Army Captains Laurence Somera and John Andres, were not able to appear as well.
Robles said the arraignment notice for Somera was sent to the Intelligence Service of the Armed Forces of the Philippines (ISAFP) in Camp Aguinaldo, when he is detained at the Intelligence Service Group (ISG) at the Army headquarters in Fort Bonifacio.
Andres, on the other hand, has not been accounted for since the July 27 mutiny in Makati.
The arraignment of the soldiers was re-set for Jan. 8 next year at 2 p.m. It was first set for August but was deferred pending the resolution of several pleadings filed by both the defense and prosecution panels.
Makati City Mayor Jejomar Binay made a surprise appearance at the courtroom to congratulate the soldiers.
"Matagal ko na silang gustong batiin dahil sa pinaglalaban nila," Binay, president of the opposition party PDP-Laban, told reporters after shaking hands with Trillanes.
There were originally 321 military officers and enlisted men accused, but a Department of Justice (DOJ) panel dismissed the charge against 290 for insufficient of evidence after conducting a re-investigation.
No bail was also recommended for all the accused.
But Adaza and Robles said the 290 soldiers are still facing minor charges, such as disrespect to the President and abandonment of posts, before a military tribunal.
The lawyers claimed that seeking a court martial for the 290 soldiers was a ploy by the government "to gain leverage" against them.
"As soon as the DOJ found out that the case against the 290 had been dismissed by the judge, it moved to hold (the soldiers) for minor cases. They did it to gain leverage against the soldiers because they (government) have better control of the military tribunal," Robles said.
The lawyers had filed a motion asking Barza to consider these minor cases "absorbed" in the coup d’etat charge.
Robles said the 290 soldiers are also being "pressured" to execute affidavits against the 31 accused, but they have refused.
He also revealed that there were current and former government officials who have been trying to broker a deal for the soldiers’ release.
Robles said among the conditions set for their release was for them to take an oath of allegiance before President Arroyo, whose resignation they demanded when they took over the Oakwood Premier luxury apartments in Glorietta 4 last July 27.
After the postponement was announced, excited female court employees from various RTC branches took the opportunity to take photographs of the soldiers, particularly Trillanes and Gambala, and ask for their autographs.
The young soldiers, like matinee idols, never fail to elicit shrieks and giggles from their female fans wherever they go.
"The women’s reaction amuses them," Robles said.
The soldiers left the courtroom handcuffed to their escorts. Alleged leaders of the mutiny are now detained at the ISAFP.
Court records showed 17 of the accused are detained at the Intelligence and Security Group at the Philippine Army Headquarters in Fort Bonifacio; three are held at the Philippine Marine Corps. in Fort Bonifacio; and four are detained at Fort San Felipe Naval Base in Cavite City. - With Jaime Laude