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Acquitted 

Photo courtesy of PNA
  • Military court clears Durante and co-accused in businesswoman’s slay; 3 convicted

 

FORMER Presidential Security Group (PSG) commander Brig. Gen. Jesus Durante III and three other soldiers were acquitted of charges in a military court in connection with the murder of businesswoman Yvonne Plaza in Davao City in December 2022.

The Philippine Army on Wednesday acknowledged the decision rendered by a Special General Court Martial (GCM), which cleared Durante and three co-accused of their primary charges but convicted three other soldiers for their roles in the case.

In a phone interview on Thursday, May 29, 2025, Army Chief Public Affairs Col. Louie G. Dema-ala clarified Durante’s specific verdict. “General Durante had two charges, Articles of War 96 and 97.

He was found guilty under Article 97 (conduct prejudicial to good order and military discipline) but received only a reprimand as a penalty. So, generally, he is acquitted of the more serious charges,” Dema-ala told TIMES

He added that a reprimand is an administrative punishment that could affect future promotions or designations.

The promulgation of the GCM’s judgment was completed on Wednesday, with defense, prosecution, and civilian lawyers representing the family of the late Plaza present. Durante and the other accused remain under the custody of the Philippine Army.

Dema-ala clarified that their release from military custody is contingent upon the approval of the GCM’s recommendation by the convening authority.

Plaza, a 38-year-old businesswoman and model, was gunned down outside her apartment in Green Meadows Subdivision in Davao City in December 2022 by two men on a motorcycle using a military-issued firearm.

Durante, who once led former President Rodrigo Duterte’s security unit, had denied involvement, despite a previous social media post by Plaza showing bruises and wounds allegedly caused by the general.

Durante, along with Col. Michael Licyayo, Master Sgt. Ariel Ballesteros, Staff Sgt. Gilbert Plaza, Sgt. Delfin Sialsa Jr., Cpl. Adrian Cachero, Cpl. Rolly Cabal, and Pfc. Romark Longakit, faced administrative cases over alleged violations in the military justice system: Articles of War 96 (conduct unbecoming of an officer and a gentleman) for the two officers and 97 (conduct prejudicial to good order and military discipline) for the enlisted personnel.

Aside from Durante, the military court also acquitted Col. Michael Licyayo, Master Sgt. Ariel Ballesteros and Staff Sgt. Gilbert Plaza. 

Dema-ala stated that the reason for their acquittal was a “lack of evidence” that could pin them down for the crime. He also indicated that the retraction of confessions by some co-accused in 2023 likely formed part of the basis for the acquittal.

However, the General Court Martial, composed of seven members including three one-star generals and four colonels, found Sgt. Delfin Sialsa Jr., Cpl. Adrian Cachero, and Cpl. Rolly Cabal liable for the murder of the businesswoman.

Etong tatlo na guilty, they will be turned over sa National Bilibid prison to serve (their sentences)… But they could also request that they could be imprisoned under military custody,” Dema-ala explained. 

Civilian cases still pending

Crucially, Dema-ala confirmed that while the military court has rendered its decision, Col. Licyayo, and others still face pending murder charges in civilian courts. 

“Except for General Durante, Col. Licyayo and others have still pending cases in the civilian court,” he said.

“Sgt. Delfin Sialsa Jr., Cpl. Adrian Cachero, Cpl. Rolly Cabal, sila yung possible na makukulong sa National Bilibid prison. Yung kina Col Licyayo, Staff Sergeant Plaza, and Master Sgt Ballesteros dahil may pending case pa sila sa civil court tuloy yung kaso na yun except kung may bail yun o naka bail sila,” he said.

Philippine Army reaffirms commitment to justice

In a statement, Dema-ala reiterated the Philippine Army’s commitment to justice and due process. “These proceedings underscore the Philippine Army’s unwavering commitment to upholding the rule of law. The Philippine Army continues to uphold the highest standard of accountability, professionalism, and respect for human rights, and rest assured that this underwent due process and no impartiality was done here, in accordance with the established legal and military protocols,” he said.

The Army also assured the public and the family of Ms. Yvonette Chua Plaza that “justice has been pursued with full diligence and integrity.” 

They noted that the decision reflects the integrity of the military justice system in ensuring accountability while safeguarding the rights of all personnel to a fair and impartial trial.

The Philippine Army also acknowledged that the family of the late Plaza can still pursue other legal remedies, including filing cases in civilian court.

Meanwhile, TIMES is still waiting for General Durante’s response to the court martial’s decision in his case.

 

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