By Ronron
June 15, 2007
On the day of his proclamation as Senator, resigned Lt. Sr. Grade Antonio Trillanes IV of the Philippine Navy was required by the Armed Forces of the Philippines (AFP) leadership to present an order from the court martial allowing him to leave detention.
AFP Public Information Officer Lt. Col. Bartolome Bacarro said this policy will strictly be imposed from now on every time Trillanes wants to attend activities outside of his jail at the Philippine Marine Brig in Fort Bonifacio, Taguig City, such as sessions at the Senate.
Trillanes, who is facing coup charges at the Makati Regional Trial Court and violation of Articles of War 96 (conduct unbecoming of an officer and a gentleman) in relation to the 2003 Oakwood mutiny, was proclaimed by the Commission on Elections (Comelec) as the 11th winning senatorial candidate during the May 14 polls.
During his previous leave of detention, particularly when he filed his certificate of candidacy at the Comelec office in Manila City last February and when he cast his vote last May 14 at Caloocan City, Trillanes only got an official permission from the Makati Region Trial Court Branch 148.
Bacarro explained that technically, Trillanes should get the permission of both the Makati court and the General Court Martial when he wants a temporary pass because both have jurisdiction over his person.
But while he admitted that the military leadership was lenient in the past by just simply yielding to the civilian court’s order, Bacarro could not explain why the sudden stricter implementation of the policy now when Trillanes is expected to frequently seek temporary pass from jail to be able to perform his job as Senator.
Bacarro would only say that Trillanes really has to get the permission of the GCM aside from that of the Makati court if he intends to leave detention because the GCM has control over him as well.
“From now on, if he files a manifestation to go out, this should be the process to be followed,” Bacarro said.
He explained that once the GCM acts on Trillanes’ motion, AFP Chief of Staff Gen. Hermogenes Esperon, Jr. will then decide whether or not to approve it, being the convening authority of the GCM.
Trillanes almost failed yesterday to attend his proclamation at the Comelec office in Intramuros after Esperon said at a GCM ruling is also required for said activity.
Bacarro said Esperon just granted the request on the condition that Trillanes’ lawyer file immediately later in the day a manifestation to such effect before the GCM.
But Trillanes’ spokesman, Sonny Rivera, said their camp will not follow the said policy since they view at a form of harassment against the former officer.
“We will not recognize that arbitrary regulation of Esperon… Obviously, Esperon is trying to make it hard for Mr. Trillanes to function as a Senator of the republic,” Rivera said in a phone interview.
Rivera went on to lambaste Esperon as someone who “has nothing in between his ears” for saying at “one breathe that this is the rule” and saying in another that “it cant be applied in previous instances.”
“He is just applying that policy now because he is mad at Mr. Trillanes. It’s a very capricious decision,” Rivera said of the military chief.
“He (Esperon) is not above the law. He should recognize the mandate that Mr. Trillanes got (from the people). He is now above the civilian side of the government,” he went on.
Rivera said they are mulling to file contempt charges against Esperon for not respecting the civilian court.
“Technically, the case of Mr. Trillanes at the court martial is already moot because he is already a civilian. How can you dismiss an officer when he is already not part of the service?” Rivera said.
Bacarro had repeatedly said that the military continues to have jurisdiction over the person of Trillanes because he committed the crime when he was still in the service.
Trillanes was deemed resigned from the AFP upon his filing of certificate of candidacy before the Comelec last February./DMS
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