Makati court defers to PNoy on Oakwood mutiny case

(Updated 3:58 p.m.) A Makati court on Thursday deferred the announcement of its verdict on the former soldiers who were involved in the 2003 Oakwood mutiny, in the light of President Benigno Aquino III's decision to grant amnesty to the suspects. The mutineers, including incumbent Sen. Antonio Trillanes IV, had attempted to overthrow the administration of then President Gloria Macapagal-Arroyo. Presiding Judge Oscar Pimentel of the Makati Regional Trial Court Branch 148 said he is respecting President Aquino's Proclamation 75 granting amnesty to over 300 active and former soldiers and policemen involved in the Oakwood mutiny, the February 2006 Marine standoff, and the November 2007 Manila Peninsula siege. "Despite all our efforts, we have to bow our heads to the wiseness or graciousness of the Office of the President in granting these people amnesty. That's a power we can't take away from him. So the court defers (delays) promulgation," Pimentel said. Judge Pimentel is handling the Oakwood coup d'etat case against 22 former soldiers. Trillanes' lawyer, Rey Robles, argued on Thursday that the court has to consider President Aquino's amnesty proclamation. "All the accused are potential beneficiaries [of the amnesty grant]. We submit that the promulgation has become moot and academic," said Robles, who is also counsel for accused former Navy Lt SG James Layug and Marine Capt. Gary Alejano. “Regardless of what the court decides, the amnesty proclamation of the President will prevail," he added in a separate press briefing. In reply, Judge Pimentel said that even if his court has "labored" for two months to come up with the 260-page decision, the court will defer to President Aquino's decision. "In deference to the proclamation of the Republic of the Philippines, the court is going to defer," said the judge. At the same time, he ordered the soldiers' counsels to submit within 10 days their manifestation on whether their clients will apply for amnesty or not. Trillanes, who was present during the court proceedings, meanwhile said that he was leaving it to the courts to “define" his actions seven years ago. “I am not denying na hindi ako pumunta roon [Oakwood] because I went there. What I actually did is up for the people to decide and the courts to define," he told reporters after the court proceedings. He added that he hopes the court will grant his petition for “provisional liberty" to be with his family on Christmas day. Robles explained that it is up to the court to determine when it will decide on Trillanes' plea. "The judge said the prosecution has no opposition [on the motion]. There's no opposition to the motion for provisional liberty. It's possible for the judge to decide in the next few days," Robles said. Amnesty grant Earlier this week, the Senate adopted the House of Representatives' resolution approving the presidential proclamation. Lawyer Theodore Te, counsel for four of the accused, explained that the proclamation becomes executory 15 days after the Congress publishes the text of the proclamation, the concurrence of the Senate and the House, and the implementing rules and regulations. Those involved in the three attempts to overthrow the Arroyo administration can then apply to the Department of National Defense (DND) to receive amnesty. which involves admission of involvement in the mutinies. However, if anyone from Congress raises an objection, the DND must forward the application to the Office of the President. Oakwood mutiny On July 27, 2003, a total of 321 armed soldiers calling themselves "Bagong Katipuneros" (New Katipuneros) took over the Oakwood Premier Ayala Center (now Ascott Makati) in Makati City. Led by Army Capt. Gerardo Gambala and then Lt. Senior Grade Trillanes, the mutineers protested the alleged corruption in the Arroyo administration. While in jail, Trillanes ran for senator in 2007 and won. In November that year, Trillanes walked out of Makati RTC trial proceedings and occupied the Manila Peninsula Hotel for several hours. Trillanes was later charged with rebellion for the Manila Peninsula siege. Defining coup d'etat Coup d'etat is punishable under the Revised Penal Code. Article 134-A of the Code says the crime of coup d'etat is a "swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against" a center of power "singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power." The Revised Penal Code adds that "any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua (life imprisonment)." Moot and academic? Sought for comment on the implication of the Makati court's promulgation of the decision on the president's amnesty proclamation, Supreme Court spokesman and administrator Jose Midas Marquez said: "The case against them can still prosper and will not be moot and academic for those who will not avail of the amnesty extended by the President." He told a news briefing that if any of the 22 accused in the Oakwood coup case decides not to apply for amnesty, Judge Pimentel will still be compelled to hand down his verdict. "[He has] been charged properly in court. The proper information was filed against [him] and the court will have to hear and decide that case. The case against him has to proceed," said Marquez. — with Andreo Calonzo, LBG/RSJ/HS/VVP, GMANews.TV