Amnesty application form drafted years ago 'defective,' says DOJ

MANILA, Philippines — Acting Prosecutor General Richard Fadullon said on Friday that the application form for amnesty is “defective,” but Sen. Antonio Trillanes IV's lawyer Reynaldo Robles said that it is “unfair” to ascribe fault in the application form which was made years ago.

Fadullon, head of the prosecutorial arm of the Department of Justice, in an interview with reporters after six hours of hearing on Friday, said that there should be an admission of guilt specific to crime.

“You don’t admit guilt to an incident,” Fadullon pointed out.

Makati Regional Trial Court Branch 148 held a hearing on the DOJ's plea for warrant and hold departure order against Trillanes on Friday.

Under “Case Data” of the form, the applicant may tick on a box on which “incident” he or she was “involved/participated in.” Listed are the Oakwood Mutiny, Marines Stand-Off and Peninsula Manila Hotel incident.

The form also noted that the “Applicant shall submit a narration of facts of his involvement/participation as Annex A.”

The applicant is also asked to affix his name and signature to the statement: “I hereby acknowledge that my involvement in the subject incident/s constituted a violation of the 1987 Constitution, criminal laws and the Articles of War.”

But Fadullon said that the crimes Trillanes was accused of—rebellion and coup d’etat—are grave and should not be delegated to a box that needed to be ticked.

He added that this could be remedied if there is an affidavit of Trillanes narrating the acts he committed.

To note, witnesses Col. Josefa Berbigal and former Defense Undersecretary Honorio Azcueta said that Trillanes had attached a narration of the facts of the incidents with his application form, but the prosecution is insisting that the said form is missing.

Ascribing judgment years ago unfair

Robles, however, argued that the members of the amnesty committee—who drafted the application form six years ago—had a different appreciation on what was needed.

“What is needed is an admission. It was not indicated in the form that you need to admit to coup d’etat,” Robles pointed out in an interview after the hearing.

“It’s not for the members of the amnesty commission what particular offense were committed,” he added.

Robles stressed that what was in the form is admission. “That’s what’s critical and material. That’s what is important.”

He added that those who applied only “relied on forms prepared by the DND.”

Trillanes’ camp is set to file their formal offer of evidence next week, after which the DOJ will file its comment.

Judge Andres Soriano of the Makati RTC Branch 148 said that the motion will be deemed submitted for resolution after the offer of evidence is closed.