Esperon to invoke EO 464 if Trillanes calls him to Senate hearing

By Ronron
June 19, 2007

Armed Forces of the Philippines (AFP) chief of staff Gen. Hermogenes Esperon, Jr. refuses to be an underdog of resigned Navy Lt. Sr. Grade Antonio Trillanes who was recently proclaimed as Senator of the Republic.

Asked on Tuesday if he would attend Senate inquiries called for by Trillanes in the future, Esperon told reporters in a news forum at Camp Crame: “It’s not one Senator calling the chief of staff to the Senate for investigations. It should be an official communication to the Executive department.”

“Executive Order 464 is still in effect as far as I know… I’ll just have to follow the provisions of that,” he added.

The controversial EO, issued by President Gloria Macapagal-Arroyo in September 2005, states that members of the executive department have to seek the permission of the President before heeding to an invitation by the Senate to appear in a legislative inquiry.

The EO was issued at a time when two officers of the AFP were asked to testify in a Senate hearing on the alleged 2004 electoral fraud.

Asked how he will address Trillanes, who led the foiled 2003 Oakwood Mutiny, once they meet at the Senate halls in the future, Esperon said: “I will call him Mr. Senator.”

But Esperon reiterated that Trillanes can only leave detention if both the civilian court and the General Court Martial issue an order to such effect.

“It is all in the provisions of the existing rules and regulations. So this is not a prerogative of Gen. Esperon. It’s not my personal whims,” he said, citing the Articles of War of the AFP, which, he said, has been in effect since its promulgation in 1935.

Esperon said if he does not enforce the law, then all military officers and soldiers facing court martial proceedings can easily find their way out by running for elective posts in the future.

Although he said that he is in a dilemma as to how the military could allow Trillanes to perform his job as Senator, Esperon said he is confident he has the legal backing in insisting that Trillanes cannot be allowed to leave detention pending his case before the GCM.

Trillanes is currently charged with coup d’ etat before the Makati Regional Trial Court and conduct unbecoming of an officer and a gentleman (Articles of War 97) before the GCM in relation to the Oakwood takeover in July 2003.

He was proclaimed the 11th senator after getting more than 11 million votes during the last May 14 polls./DMS