AFP to pursue trial of Trillanes by court-martial

Sen. Antonio Trillanes IV must be detained by the military and tried by court-martial while the search for his missing amnesty application form goes on, defense officials said on Wednesday.

But even if the document is found, Trillanes, who has been reverted to active military service as a Navy lieutenant after President Rodrigo Duterte voided his amnesty on Aug. 28, still has to produce the authenticated original application before a court to regain his freedom, Arsenio Andolong, spokesperson for the Department of National Defense (DND), told reporters at  Camp Aguinaldo, Quezon City.

Andolong confirmed Trillanes’ statement that there was a ceremony at Camp Aguinaldo when he applied for amnesty in January 2011.

Only Trillanes knows

“There were forms signed. Unfortunately, it seems he is the only one who has the copy of the original [amnesty application], because we cannot locate it. If he physically submitted it to the [temporary committee for amnesty] or Malacañang, we don’t know. Only he can answer that,” Andolong aid.

Trillanes was in the first group of 38 military officers and 53 enlisted men who applied for amnesty on Jan. 5, 2011, after they had been put on trial for taking part in coup attempts against President Gloria Macapagal-Arroyo in 2003, 2006 and 2007.

Granted amnesty

Three weeks later, the DND announced that all the applicants, including Trillanes, had been granted amnesty.

On Jan. 27, 2011, Trillanes and 94 other military officers and enlisted men took their oath of allegiance to the Constitution.

Ronald Patrick Rubin, chief of the DND internal audit service, said the court-martial that sat to try the charges against Trillanes did not lose jurisdiction over him after he was granted amnesty and he was separated from military service.

Trillanes was charged with violating Article of War 96, or conduct unbecoming an officer, and Article of War 97, or conduct prejudicial to good order and military discipline.

“The court-martial proceedings would continue, as these were acts that he committed while he was still in active service,” Rubin said.

“The jurisdiction of the court-martial was established or was acquired during the time that he was still in active duty,” he said.