Five Magdalo soldiers post bail but only three are released

Five members of the Magdalo group facing rebellion charges have posted bail but only three were released while the remaining two were transferred to military custody, a military spokesman said on Friday. After each paying a P200,000 bail, Private First Class Emmanuel Tirador and enlisted personnel Julius Mesa and Cesari Yasser Gonzales — all of whom figured in the November 2007 Peninsula Manila hotel siege — were taken out of detention inside the Philippine National Police Custodial Center in Camp Crame. However, former Marine Captain Gary Alejano and former Navy Lt. Senior Grade James Layug — who are both vying for public posts in the May polls — were unable to enjoy temporary freedom despite posting bail. After leaving their detention cells, Alejano and Layug were handed over to the Armed Forces of the Philippines (Isafp) because both still have a case being heard by the AFP’s general court martial 3 for their involvement in the Peninsula Manila siege. At the time of the hotel siege, Alejano and Layug were still active officers. Under the military justice system, there is no bail allowed for any personnel facing a general court martial. Layug and Alejano were only deemed resigned from the military when they filed their respective certificates of candidacy last year. Local elective posts Alejano and Layug were transferred to military custody because “they are facing [violation of the] Articles of War, conduct unbecoming of an officer and gentleman, among others," Lt. Col. Romeo Brawner said. Layug is running for congressman of Taguig City (2nd District), while Alejano is eyeing a mayoralty post in Sipalay, Negros Occidental. Brawner clarified the two were not "arrested" but were merely "transferred" to another detention cell. "Hindi sila inaresto (They were not arrested). It was just a transfer of custody because they are still facing court martial proceedings," Brawner told GMANews.TV over the phone. "Maayos pa nga ang pag-turn over. May physical examination pa sila to check kung physically fit sila and yes, they were found to be fit (The turn over went well. They even underwent physical examination and found to be fit)," he added. Alejano and Layug are among 11 junior officers who, in June 2008, altered their pleas to guilty for violating the Articles of War for the 2003 Oakwood muntiny in Makati City. Trillanes, Lim Judge Elmo Alameda of the Makati Regional Trial Court Branch 150 earlier allowed Sen. Antonio Trillanes IV, resigned Army general Danilo Lim and 16 others to post bail. However, Trillanes and Lim were unable to leave detention because they are still facing separate charges before different courts. Trillanes is facing charges of coup d'etat over the Oakwood incident as well as mutiny charges before a military tribunal. On the other hand, Lim is also facing mutiny charges before a military court in connection with the alleged coup d' etat in February 2006 in Taguig City. Like Alejano and Layug, Lim is also running for public office. He is among the senatorial candidates running under the Liberal Party. Besides Trillanes and Lim, among those in continued detention at the PNP are Navy Captain Segundino Orfiano; Lieutenants Eugene Gonzalez, Andy Torrato, Arturo Pascua Jr., and Manuel Cabochan; 2nd Lt. Jonnell Sangalang; 1st Lt. Billy Pascua; Ensign Armand Pontejos; Cpl. Clecarte Dahan; and Privates First Class Juanito Jilbury Jr. and, German Linde. - Mark D. Merueñas/ RJAB Jr./RSJ, GMANews.TV