Esperon softens, expresses willingness to release Trillanes if sanctioned by court

By Ronron
June 20, 2007

Armed Forces of the Philippines (AFP) Chief of Staff Gen. Hermogenes Esperon, Jr. softened on Wednesday over his stand about the continued detention of Senator Antonio Trillanes IV within a military facility despite his resignation from the organization.

Following his admission last Tuesday that he is in a dilemma as to how the military will treat Trillanes if there is a need for the latter to perform his job as a Senator, Esperon wrote on Wednesday the Makati City judge hearing Trillanes’ coup d’ etat case in relation to the 2003 Oakwood Mutiny incident.

In the letter to Judge Oscar Pimentel of Makati RTC Branch 148, Esperon sought for a clarification over the custody issue and expressed compliance with whatever the decision of the court is, including the removal of Trillanes from military custody.

“Considering his change from a military officer to a civilian, the question has arisen whether the Senator-elect continues to be subject to confinement in a military detention facility,” Esperon said.

“In this connection, we are seeking a clarification as to whether or not the AFP should continue with its custody over the person of Senator Trillanes. Under these circumstances, and if it please the court, we are ready to abide by the mandate of the Honorable Court,” he added.

In a television interview, Esperon put it clearly: “If he (Pimentel) wants, I can continue (placing Trillanes under military custody). If he doesn’t, he has just to rule and I will follow the official ruling.”

Trillanes was deemed resigned from the AFP when he filed his certificate of candidacy for Senator last February. The Office of the President, through Executive Secretary Eduardo Ermita, affirmed the resignation in an official notice to Defense Secretary Hermogenes Ebdane, Jr. last April 16, citing Section 66 of the Omnibus Election Code of the Philippines.

Esperon previously asserted that the military can continue to take custody of Trillanes because he is also facing charges of violation of Articles of War 96 (conduct unbecoming of an officer and a gentleman) before a General Court Martial, also in relation to the 2003 Oakwood Mutiny incident.

Trillanes was a Navy Lt. Senior Grade when he led some 300 junior officers and enlisted personnel in taking over Oakwhoo Hotel in Ayala last July 27, 2003 in protest of alleged massive corruption in the military and in the government as a whole.

In a news conference yesterday afternoon at Camp Aguinaldo, AFP Public Information Officer Lt. Col. Bartolome Bacarro said that under Article of War 79, “any person subject to military law charged with crime or with a serious offense under these articles shall be placed in confinement or arrest.”

When asked on who or what office could be potential custodians of Trillanes other than the military, Bacarro refused to answer, saying they are leaving it up to the discretion of the court if it orders for the transfer of Trillanes out of military custody.

In his letter, Esperon said the only condition they will ask if the court decides that way is that the court direct Trillanes’ presence before the AFP General Court Martial during trial dates.

While Bacarro said that the “letter is in recognition of the supremacy of the civilian authority over the military,” it does not mean the AFP is giving up its case against Trillanes pending before the GCM.

Trillanes, who ran under the Genuine Opposition ticket, won as 11th Senator of the Republic during the May 14 polls, earning more than 11 million votes. He continues to defy the Arroyo administration to this date./DMS