Accused soldiers on Manila Peninsula Siege did not enter plea during the arraignment

Ma. Lourdes “Miami” Ebilane
March 6, 2008
Story 2: Accused soldiers on Manila Peninsula Siege did not enter plea during the arraignment

All the 19 accused of rebellion during the November 29, 2007 siege at the Manila Peninsula were present for the scheduled arraignment.

The 19 soldiers are Senator Antonio Trillanes IV;B rig. Gen. Danilo Lim; Capt. Gary Alejano; Lt Sg James Layug; Lt. Sg. Manuel Cabochan; Lt Sg Eugene Gonzales; 2Lt Jonnel Sanggalang; Ltsg Andy Torrato;
Lt Sg Arturo Pascua, JR.; Ens. Armand Pontejos; Capt Segundino Orfiano, JR.; 1Lt. Billy Pascua; Julius Mesa; Cesari Gonzales; CPL Clecarte Dahan; PFC Junaito Jilbury; PFC Emmanuel Tirador PFC German Linde and PFC Arvin Celestino.

Prosecutor Emmanuel Velasco said that the accused did not enter any plea during the arraignment.

The defense has asked the court to defer the arraignment but Judge Almeda denied the motion. We move that the arraignment to be deferred and to give the Court of Appeals a chance to look into the possibility of issuing a temporary restraining order. But the Court proceeded with the arraignment,” Atty. Francisco, counsel of the accused soldiers said.

Since all the accused did not enter any plea, Judge Alameda entered a not guilty for them. Under the rules, the Judge should enter a not guilty plea to the accused who do not want to enter any plea.

Atty. Francisco said they will file a petition before the Court of Appeal to junk the rebellion charges against the accused. “We want the probable cause to e nullified because there were no rebellion committed. No single shot was fired and they are only few of them who went to the Manila Pen and the civilians who were accused at first were not charged of rebellion.”

They also said that before the inquest, the supposed to be inciting to sedition charge was changed to rebellion.

“There is no substantial distinction between the situation of the soldiers and the civilians who were charged of rebellion but it was subsequently dismissed,” Francisco added. The defense is insisting, if the rebellion charges of the civilians were dismissed, it should be the same thing to the soldiers and added that there is no case to be filed.

However, Prosecutor Velasco said they will present evidences to prove that a rebellion was committed based on the video of the media outfit who were there during the Manila Pen siege.