US embassy cable - 05MANILA2172

UNCLAS SECTION 01 OF 02 MANILA 002172 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/PMBS, INR/EAP 
NSC FOR GREEN 
SEOUL FOR ERIC JOHN 
 
E.O. 12958: N/A 
TAGS: AADP, ASEC, MOPS, PGOV, PINR, PREL, RP, PINS. PTER 
SUBJECT: ENLISTED OAKWOOD MUTINEERS COP A PLEA 
 
REF: 03 MANILA 4054 
 
1.  (SBU)  Summary. On May 11, an Armed Forces of the 
Philippines (AFP) military tribunal accepted a plea bargain 
for about 190 enlisted men who participated in the failed 
July 2003 "Oakwood" mutiny.  They will return to active duty 
status but with demotions and loss of pay.  They will likely 
be exempt from a sentence of confinement with hard labor, 
given that the men have been in jail already for almost two 
years, while undergoing trial.  The ruling contrasts with the 
even lighter punishment meted in response to the 1986 and 
1989 coup attempts, when the guilty soldiers served their 
sentences by doing push-ups.  The current ruling represents a 
step toward closure of the episode, desired by both the 
civilian and military leadership, especially toward the 
enlisted men.  Plea bargains for at least most of the 
mutiny's leaders will likely now follow.  End Summary. 
 
Plea Bargain 
------------ 
 
2.  (SBU) A five person AFP General Court Martial on May 11 
ordered the release of 190 enlisted soldiers, sailors, and 
airmen who staged the July 2003 "Oakwood" mutiny in Makati 
City, Metro Manila (reftel).  The defendants, ranging in rank 
from private to master sergeant, under a plea bargain pled 
guilty to three charges of disrespect and insubordination. 
The Court dropped main charge of mutiny and ordered the 
defendants reinstated to active duty -- but with a three-rank 
demotion, forfeiture of two-thirds of their basic salary for 
three to six months, and confinement with hard labor for a 
year, according to press reports.  Defense lawyers asked for 
commutation of a one-year jail term with hard labor since 
their clients have in jail already for 22 months, while 
undergoing military trial; the court is expected to concur. 
 
3.  (SBU) President Gloria Macapagal-Arroyo (GMA) welcome the 
decision as a "very good example of justice and 
reconciliation."  The maximum penalty for mutiny would have 
been death.  There were some reported complaints by other 
enlisted, men that the guilty had gotten off too "lightly," 
without even dishonorable discharges.  However, the Chief 
Prosecutor in the court-martial, Colonel Julius Magno, 
emphasized that the demotion and forfeiture of pay was 
already "a very grave imposition."  Press commentators noted 
the even lighter punishments that then-AFP Chief Fidel Ramos 
had imposed on plotters in the 1980s coup attempts -- 
push-ups. 
 
Ringleaders May Follow Suit 
--------------------------- 
 
4.  (SBU) The fate of 96 junior officers involved in the 
mutiny still hangs in the balance, and the Makati Regional 
Trial Court may decide next week on their cases.  According 
to the attorney for many of the ringleaders, they had long 
refused on a plea bargain until their enlisted men were first 
freed; she predicted a similar plea bargain for the leaders 
will follow.  A Presidential legal counsel separately 
indicated privately that Malacanang would look favorably upon 
amnesty for at least most of the mutiny leaders, but only 
after conviction -- on some charges, if not the most serious. 
 
 
Comment: putting it in the past 
------------------------------- 
 
5.  (SBU) In the midst of destabilization plots and coup 
rumors, the political leadership of both the military and 
Malacanang probably decided that it was better to bring 
closure to this incident and not further punish the mutineers 
for raising concerns that many active officers and enlisted 
men continue to believe were valid.  The ongoing US-supported 
Philippine Defense Reform program addresses many of the 
mutineers' key concerns, which were also reflected in the 
Feliciano Commission report, which the AFP has been trying to 
follow as a parallel pattern for reform.  Although some 
grumble that such leniency only encourages a culture of 
military protest and attempts at intervention, the overall 
reaction in both civilian and military circles is probably 
relief that this uncomfortable and embarrassing incident is 
now almost behind the Philippines, and that punishment should 
in any event be lightest for the enlisted men. 
Ricciardone