Faeldon can't be released for now

December 30, 2010 11:23 pm 

MANILA, Dec. 30 – The Armed Forces on Thursday said Oakwood mutiny leader Capt. Nicanor Faeldon will have to stay in military custody despite posting a bail of P100,000 in connection with the coup d etat case he faces before a civilian court.

AFP spokesman Brig. Gen. Jose Mabanta said that Faeldon has pending cases before a military court in connection with the July 2003 Oakwood mutiny and with the November 2007 siege of the Manila Peninsula Hotel.

“He continues to be under the custody of the Armed Forces of the Philippines because he has pending general court martial (cases),” Mabanta said of the Marine officer, who is currently detained at the Marine headquarters in Fort Bonifacio.

“At this point in time, Capt. Faeldon cannot be released. He remains to be under the custody of the commandant of the Philippine Marines,” said Mabanta, referring to Marine commandant Maj. Gen. Rustico Guerrero.

The Makati City court allowed Faeldon to post the bail last week but he could not immediately raise the amount. On Wednesday, Vice President Jejomar Binay –a reservist officer of the Marines – provided for the cash needed by Faeldon.

Mabanta said Faeldon could only be released from military custody if he made a request to the military leadership for a provisional liberty. The military has allowed many coup plotters the provisional liberty during the past months on their request.

“It (Faeldon release) will need initially a request from him for a provisional liberty. Provisional liberty can only be given with the approval of the chief of staff,” said Mabanta, referring to AFP chief Gen. Ricardo David.

“But since he has not requested for provisional liberty, then we cannot act on it. At this point, we have no received a request for provisional liberty….He can be released if, initially, he request for a provisional liberty and secondly, if this request for provisional liberty be approved by the chief of staff,” said Mabanta.

The AFP spokesman said he does not know if the AFP chief was inclined to grant Faeldon a provisional liberty if the junior officer asks for it. “It really depends on the circumstances and the recommendation of JAGO (Judge Advocate General’s Office),” he said.(PNA) RMA/VR

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