Photo from Francis Ashley Acedillo’s Facebook page
A copy of the Department of National Defense resolution citing the application for amnesty of Sen. Antonio Trillanes IV and other junior officers and enlisted personnel in line with the Oakwood mutiny in 2003, Philippine Marines standoff in 2006, and Manila Peninsula Siege in 2007 surfaced on social media Wednesday.
Security analyst Francis Ashley Acedillo, one of the former Magdalo junior officers who filed an application for amnesty with Trillanes, posted a portion of the DND Ad Hoc Committee Resolution No. 2 on Facebook.
“Mahirap na. Baka magkalimutan eh. Or worse, magkawalaan ng papeles. Uso pa naman ngayon yun,” he wrote in the caption of his post.
(It’s difficult now; they could start forgetting. Or worse, the documents could disappear. That seems to be the fad nowadays.)
“Whereas on Jan. 5, 2011, the following individuals filed their applications for Amnesty, pursuant to Presidential Proclamation Nr. 75 dated Nov. 24, 2010 in connection with their involvement and/or participation in the 2003 Oakwood mutiny, 2006 Philippine Marines stand off and the 2007 Peninsula Manila Hotel siege, as indicated opposite their names,” the document read.
READ: DND approved Trillanes amnesty — news clipping
The officers were referred to as “Ex” which meant they were already separated from service.
Acedillo also posted an individual certificate of amnesty issued by DND dated Jan. 21, 2011.
“The opening ‘Whereas’ clause is a statement of a finding of fact and a matter of public record that is conclusive on the government. As the entity responsible for making and keeping that public record, it cannot reverse itself 8 years later and then shift the burden of proving the existence of that record to the applicant,” said lawyer Jay Batongbacal.
He stressed that it was the government’s responsibility and not the applicant’s to keep the record intact.
“To disavow that express finding, merely on the basis of not having a copy of the application, is to disregard the integrity of the process, the institution, and the signatories that discharged the function,” he added.
He said those responsible who lost, misrepresented, or concealed the documents could be liable for the crime of infidelity in the custody of public records and other administrative offenses.
As of Wednesday, the DND said it is still looking for the records of Trillanes’ application for amnesty.
President Rodrigo Duterte has voided the amnesty for Trillanes, one of his fiercest critics, for his alleged failure to file an application for amnesty and failure to express admission of guilt.
The President revoked the amnesty to Trillanes by former Pres. Benigno Aquino III through Proclamation 572 signed on Aug. 31.
Part of the proclamation cited a military certification saying that there was “no available copy” of the senator’s amnesty application from the records of the Deputy Chief of Staff for Personnel, J1.
Defense spokesperson Dir. Arsenio Andolong acknowledged that there was a ceremony held at Camp Aguinaldo when the Magdalo members filed for amnesty application in January 2011.
“May seremonyang ginawa dito sa Aguinaldo, nagkapirmahan ng form (There was a ceremony here in Aguinaldo, they signed the form). Unfortunately we don’t have a copy of that,” he said, adding that they are still trying to look for the documents. /je