10 junior officers get 8 months jail term

By AARON B. RECUENCO
April 8, 2010, 3:03pm

A military tribunal has sentenced 10 junior officers to eight months of imprisonment after they pleaded guilty to four court martial charges leveled against them in connection with the Manila Peninsula Hotel siege in Makati City in 2007.

But lawyer Ed Abaya, legal counsel of the 10 military junior officers, said the conviction will pave the way for the freedom of his clients since the eight-month imprisonment penalty has already been served.

Those convicted were Marines Captain Gary Alejano; Navy Lieutenants (senior grade) Eugene Gonzales, Andy Torrato, James Layug, Manuel Cabochan; Air Force Captain Segundino Orfiano; Navy Lieutenant (junior grade) Arturo Pascua, Jr., Navy Ensign (equivalent to 2nd lieutenant) Armand Pontejos; Air Force 1Lt. Billy Pascua, Marines 2Lt. Jonel Sangalang.

All of them are currently detained at the Custodial Center of the Philippine National Police (PNP) in Camp Crame, along with Senator Antonio Trillanes and Army Brigadier General Danilo Lim.

The decision of the military tribunal under Air Force Major General Emmanuel Oban is in connection with the charges of Conduct Unbecoming of an Officer and a Gentleman, Disrespect to the President, Conduct Prejudicial to Good Order and Military Discipline and Escape from Confinement.

"It was a collective penalty for all the four court martial charges... eight months detention for each of them," said Abaya.

"They are already considered free since their period of detention was already more than two years. It was already credited, so they were already ordered released," he added.

The 10 were among those granted in February by a Makati City judge to post bail on the case of rebellion filed in connection with the Manila Peninsula siege. A separate Makati City court has previously allowed them to post bail in a coup case with regard to the Oakwood mutiny on July 27, 2003.

Abaya said that most of his clients, however, did not post bail knowing that it would be useless since they will certainly remain on jail because they were still then facing court martial charges before a military court. Posting of bail is not being recognized under the military law.

He even cited the case of Layug and Alejano who were immediately picked up by military police and transferred to the nearby Camp Aguinaldo detention facility as soon as they left Camp Crame after posting bail. Abaya said they are now just waiting for the approval of the Chief of Staff of the Armed Forces of the Philippines (General Delfin Bangit) for the release of his clients.

"We are just waiting for the release order then they will post bail (before a Makati City court)," said Abaya.

Based on military policy, any decision of a General Court Martial (GCM) has to undergo review of the AFP Chief of Staff, being the convening authority of the military tribunal.