Lawyers dispute value of
gentleman's pact in Oakwood case

FORMER Armed Forces chief Roy Cimatu yesterday testified before the Makati regional trial court in the coup d'etat trial of the Magdalo soldiers that there was indeed a gentleman's agreement forged between the government negotiating team and the Magdalos that led to the bloodless resolution of the July 2003 Oakwood mutiny.

Cimatu said he had been given orders by then Executive Secretary Alberto Romulo to lead the negotiations with the Magdalos led by then Navy Ltsgs. Antonio Trillanes IV, James Layug, Marine Captain Gary Alejano and Army Captains Gerardo Gambala and Milo Maestrecampo who were holding out at the Oakwood Premiere Hotel in Makati.

Defense counsel Reynaldo Robles earlier told reporters the gentleman's agreement provided for the prosecution in a military court of only the Magdalo core leaders and a mere reprimand for the rest. The defense has been stressing the government's reneging on the agreement when cases were filed in both military and civilian courts against the Magdalos.

"(Cimatu) not only confirmed that there was indeed an agreement but said that the soldiers would undergo proceedings under the military justice system," Robles told reporters who were not allowed inside the courtroom. He added that Cimatu did not categorically identify Trillanes, Layug, Alejano, Gambala and Maestrecampo as the Magdalo core leaders.

Quoting Cimatu, Robles said the former AFP chief believed that the agreement was binding and would be honored by both sides. "He said it was an honorable commitment, a binding agreement and honored by the government," Robles said.

He said Cimatu's statement that it was the executive secretary who gave him the order to negotiate means the negotiations had the blessings of President Arroyo. He said Cimatu also stated that he submitted a recommendation to the President on the agreement reached with the Magdalos.

Cimatu told the court the negotiations lasted some two hours and the agreement was concluded with a handshake and a salute among the participants. The other members of the government negotiating team were former Scout Ranger regiment commander Brig. General Danilo Lim, Air Force Brig. General Nestor Oban, Commodore Feliciano Ange and the late Star publisher Maximo Soliven.

Lim, Oban and Ange have all confirmed the existence of the agreement which, they said, was not put into writing.

State prosecutor Juan Pedro Navera, however, said the agreement has no bearing on the case as its existence does not preclude the Department of Justice from filing cases against the Magdalo officers. He said Cimatu never categorically said the Magdalos will not be charged in civilian courts besides being put through court martial proceedings.

"He only confirmed there was a discussion on whether they would be prosecuted only under the military court martial system. Gen. Cimatu admitted in court that the issues were only proposed. Proposals lang, pero walang napagkasunduan," Navera said, adding that the agreement should be seen in the context of the government's effort to resolve the conflict peacefully.