Acting Prosecutor General Richard Anthony Fadullon. INQUIRER FILE PHOTO
The amnesty application form filled up by Senator Antonio Trillanes IV and the other grantees under Proclamation 75 is defective.
“Our opinion is that the [amnesty application] form is defective,” acting Prosecutor General Richard Anthony Fadullon told reporters after the hearing before Makati RTC Branch 148.
The amnesty given to Trillanes was revoked by Proclamation 572 for noncompliance with the basic requirements of submitting an application form and admitting guilt.
Trillanes maintained that he submitted an application form, which the Armed Forces of the Philippines (AFP) said it is not available in their records. Media articles were also mentioned where the senator was quoted as saying he believed that they were charged with the wrong offense.
Other grantees of the amnesty like Magdalo Rep. Gary Alejano said part of the application form is a portion where the application will make a general admission of guilt.
“When you admit guilt, you do not admit guilt to an incident. An incident is not an offense so as a consequence of that incident, there are crimes for which they were charged,” Fadullon said.
“Kung titingnan mo yung form, walang naka saad doon na merong binabanggit na charged for coup d’ etat and rebellion,” he added.
[If you will look at the form, there is nothing there that would indicate that they are being charged of coup d’ etat or rebellion.]
Fadullon said it appeared that the offense committed are so serious to just “check the box and fill in the blanks” in the application form.
Item number 26 of the application form showed that the applicant shall tick the box on the incident in which he or she participated in–July 27, 2003 Oakwood mutiny, February 2006 Marine Stand-Off and the Nov. 29, 2007 Manila Peninsula incident.
Then, the applicant is required to submit a narration of facts of his involvement which will be attached as Annex A in his or her application form.
Col. Josefa Berbigal said Trillanes has submitted a narration of facts which indicated that he recanted his previous statements in relation to his offense.
“Sinasabi na merong kasamang narration of facts pertaining to their involvement but these are all testimonies. Walang maipakitang dokumento na meron nga na ganung klaseng dokumento kasama sa application form,” Fadullon said.
[They were saying that there was narration of facts pertaining to their involvement but these are all testimonies. No document was presented to prove that there was such a document attached to the application form.]
After more than seven hours of hearing, both parties have been required to submit a formal offer of evidence.
“I would prefer that the offer be in writing [because] on the controversy on admissibility,” Judge Andres Soriano said.
“I do not want to force myself for a resolution,” he added.
The camp of Trillanes has until Tuesday to submit their written offer of evidence while the DOJ has until Wednesday.
“Thereafter, the offer shall be considered submitted for resolution,” Soriano said. /jpv
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