Trillanes to avail of amnesty today - Noy

MANILA, Philippines - Sen. Antonio Trillanes IV, a former Navy officer who led several coup attempts against former President Gloria Macapagal-Arroyo, will avail of amnesty today, President Aquino told reporters yesterday during a press briefing at the Navy headquarters in Manila.

Aquino said he was informed by Defense Secretary Voltaire Gazmin of Trillanes’ intention to file an application for amnesty.

Aquino though was noncommittal when asked if he was willing to modify the implementing rules and regulations in the application for amnesty, to accommodate the sentiments of several military officers who rejected any admission of guilt on their part as a prerequisite for amnesty.

“The SND (Secretary of National Defense) is here so we will check if there are really no takers. I don’t think that’s the case but let me check on the data,” he said.

Trillanes’ lawyer, Rey Robles confirmed the senator would avail of the amnesty but is unsure if he would submit his documents today.

He said the amnesty would allow Trillanes to perform his function as a member of the Senate.

“He (Trillanes) wants to take advantage of the magnanimity of the President. It (amnesty) will enable him to move forward. This would allow him to fulfill his mandate as a senator,” Robles said.

Former Army Scout Ranger commander Maj. Gen. Danny Lim and Col. Ariel Querubin earlier expressed their objections to the amnesty application, insisting that an acknowledgment of violating the 1987 Constitution is like absolving the crimes of the nine-year corrupt administration of Arroyo.

During a visit in Bani, Pangasinan last December, Aquino warned that rebel soldiers who will not avail of the government’s amnesty program will run the risk of being convicted in court for attempting to overthrow the previous administration.

“I would assume that if they will not avail of the amnesty, the wheels of justice will continue to move,” Aquino told reporters during the visit.

Lim and Querubin have been indicted based on their alleged participation in the failed Marine standoff in February 2006 at Fort Bonifacio.

Trillanes, on the other hand, was charged with rebellion in connection with the 2003 and 2007 coup attempts. Last month, the Makati Regional Trial court granted Trillanes temporary liberty under the custody of the Senate.      

While the original Proclamation 50 that was superseded by Proclamation 75 did not mention any categorical guilty plea as requirement for amnesty, Chief Presidential Legal Counsel Eduardo de Mesa said this was provided for in the amnesty application for soldiers.

But lawyers for the rebel soldiers complained about the requirement, which they claim is unnecessary.

A grant of amnesty from the President, however, already absolves officers of any liability, as it does not even require conviction, unlike pardon.

Amnesty is a political act of a Chief Executive to a person accused in a political crime like rebellion. Unlike in ordinary criminal cases, an accused does not have to be convicted first before he can avail of amnesty.

In other criminal cases like murder or plunder, an accused must be convicted first with finality before he can be granted executive clemency.

Around 300 military officers and two policemen may avail of the amnesty that both chambers of Congress - the Senate and the House of Representatives - had approved before Christmas.

Trillanes and the other rebel soldiers have been indicted for rebellion for trying to overthrow Arroyo in the Oakwood mutiny in July 2003, the Marine standoff in February 2006 and in November 2007 when they seized the Manila Peninsula hotel after walking out of their court hearing.

The amnesty covers those who took part in the three failed coups. It specifically states, however, that it does not cover “rape, acts of torture, crimes against chastity, and other crimes committed for personal ends.”

The amnesty covers 378 officers and enlisted men and would remove the criminal liability of successful applicants. Enlisted personnel with the rank of technical sergeant and below would be entitled to reinstatement.

Applicants would be asked to admit that their participation in the uprisings constituted a violation of the Constitution, existing laws and the Articles of War. They will also be required to recant all statements contrary to their admission of guilt.

Those who want to apply for amnesty must personally file their application with the DND within a period of 90 days. The DND started accepting applications last Monday.

Nineteen former rebel soldiers, four of them officers, applied for amnesty yesterday.

Of the 19 applicants, 13 are from the Marines, two are from the Philippine Fleet, and four are from the Army.

The first applicant was Army Cpl. Paul Paner, who completed his application firm at about 9:30 a.m.

Paner was assigned at the Army’s Light Reaction Company of the Southern Luzon Command and was implicated in the 2003 Oakwood mutiny. Other applicants were Marine 2Lt. Filmore Rull, Ens. Ronald Diso, Ens. Arjohn Elumba, Marine 2Lt. Larry Cendana, Army Cpl. Roderick Bayubay, Army Cpl. Jollie Boston, Marine Tsgt. Noel Aggalut, Marine Sgt. Monchito Lusterio, Marine Cpl. Dante Santos, Marine Pfc. Teddy Antonio, Army Cpl. Charlie Elegores, Marine Cpl. Reymond Pastera, Marine Cpl. Jerson Labilles, Marine Cpl. Florante Rosete, Marine Cpl. Jeffrey Bolalin, Marine Cpl. Cesar Padilla, Marine Cpl. Christopher Perez, and Marine Pfc. Gerry Calingacion.

DND Undersecretary Honorio Azcueta, head of the Ad Hoc Amnesty Committee, said anyone who opposed the grant of amnesty to any of the applicants is allowed to file their opposition within 15 days.

Azcueta said applications would be rejected if the applicant is not part of any of the three uprisings.

Another ground for disapproval is the refusal of the applicant to admit his guilt.

Bayubay, one of the applicants, said he wants to restore his rank since he was demoted two ranks after joining the Oakwood mutiny.

“I want my record cleansed... I did this to restore my previous rank and timing grade,” he said in Filipino.

Bayubay said he was an Army corporal when he took part in the Oakwood mutiny. He was demoted to private as punishment.

Bayubay said he does not regret his involvement in the uprising.

“For a soldier, regret is an undesirable word. We stand by what we did... we saw anomalies and we just expressed what is happening in the field,” he said.