Election lawyer Romulo Macalintal. (File photo from INQUIRER.net)
The military tribunal cannot re-acquire jurisdiction over Senator Antonio Trillanes IV even after the revocation of the amnesty given to him by former President Benigno Aquino III, an election lawyer said Wednesday.
Election law expert Atty. Romulo Macalintal said Trillanes has been considered resigned from the military after he filed his certificate of candidacy (CoC) when he first ran for senator.
“Trillanes is no longer in the military since he was automatically resigned from the military service when he first filed his CoC for Senator,” Macalintal said in a text message.
He said Trillanes became a civilian not by virtue of the amnesty but by the filing of his CoC.
“The resignation stands by operation of law which provides that any government official who files his CoC in an election is automatically deemed resigned,” he added.
The military earlier said that after President Rodrigo Duterte revoked the amnesty given to Trillanes, the Senator’s status reverted to “active military personnel.”
He added that there should be a presumption of regularity on the granting of amnesty by the former President.
“Anyone who questions the same should file the required petition to declare its nullity before a court which has jurisdiction to rule whether the amnesty was indeed null and void,” he said.
He said Trillanes’ right to due process has been violated when the amnesty has been revoked without giving him the opportunity to be heard. /je
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