Wednesday, June 20, 2007 AFP chief to face raps if he lets Trillanes attend sessions
* Senator says Trillanes should be freely allowed to serve as lawmaker
ARMED Forces Chief Hermogenes Esperon Jr. could be prosecuted under military laws if he allows newly-proclaimed Senator Antonio Trillanes IV to leave his detention cell to attend Senate sessions and hearings, according to the military's spokesman.
Armed Forces public information officer Bartolome Bacarro said military detainees like Trillanes are not supposed to go out of detention.
Trillanes is held at the Marine headquarters in Fort Bonifacio in Taguig City in connection with the short-lived Oakwood mutiny in July 2003. Trillanes is among the leaders of the Oakwood incident.
Trillanes is also facing a charge of coup d' etat before the Makati City court. He is also facing a distinct case before a general court martial for conduct unbecoming of an officer and a gentleman.
"If this (release) will be done by our chief of staff, he might be also liable for some violations of the Articles of War," said Bacarro, referring to Article of War (AW) 74, which discusses the release of prisoners without proper authority.
The provision says: "Any person subject to military law, who, without proper authorization releases prisoner duly committed to his charge, or who, through neglect or design, suffers any prisoner so committed to escape, shall be punished as court martial may direct."
"His custodians cannot violate the implementation of his custody because they can also be subjected general court martial proceedings," said Bacarro of Trillanes.
The Commission on Elections (Comelec) has proclaimed Trillanes last Friday as the 11th candidate to win in the May 14 senatorial elections.
"I would like to highlight that this is the first time that this happened so there might be some legal debates, there might be some legal discussions relative to how Senator Trillanes can carry out his mandate which is serving his constituents without violating the Articles of War," said Bacarro.
"The Articles of War is also a law, its part of the law of the land. That is why we are saying that there might be legal discussions relative to this," added Bacarro.
Esperon, meanwhile, expressed apprehension that the victory of Trillanes would have a "downside" effect on the officers and men of 120,000-strong military establishment.
In a forum, Esperon said he is wary said that soldiery would emulate Trillanes merely to advance their political ambitions by launching an unconstitutional act and run for an elective post.
Esperon admitted that Trillanes is in the "consciousness of the ordinary soldiers." He added: "Believe it, soldiers, even privates are aware of this incident (Trillanes victory) because this is discussed in camps or they are listening to the radio. So this has an effect to the soldiers."
He however said that Trilanes is not a threat to security because he has joined the mainstream society.
Meanwhile, outgoing Senator Alfredo S. Lim said Trillanes should be allowed to serve his six-year mandate as duly-elected senator unhampered.
Lim asked authorities concerned to take into consideration the fact that more than 11 million Filipinos have already spoken and signified their desire for Trillanes to serve in the Senate and that thwarting it may impact negatively on those who voted him into office.
Lim has supported Trillanes way before he ran for senator due to Trillanes's principled stand on certain issues and his willingness to lay his life and freedom in fighting for what he believes in.
The incoming Manila mayor said he sees no reason why Trillanes should not be allowed to freely assume his role as senator. "He is certainly not a flight risk, nor is he expected to be a security risk," Lim added.
At the House of Representatives, Bayan Muna party-list Representative Satur Ocampo urged Trillanes and other high-ranking military officials to tell the truth on extrajudicial executions, abductions and torture of Filipino activists.
Ocampo stressed that under the Geneva Conventions or the laws of war, soldiers and officers of all parties to armed conflicts are prohibited from harming or killing any civilian and non-combatant.
Ocampo and Bayan Muna party-list Representative Teodoro Casiño called on the House to jointly investigate with the Senate the military's culpability in the continuing killings of activists critical of the Arroyo administration.
"A joint congressional hearing will express the sense of both the Senate and the House that extrajudicial executions have no place in civilized society and that the masterminds and perpetrators, be they coming from the state security forces, should be held accountable," said Ocampo.
Casiño called on Malacañang and the military's top brass to fully cooperate with any legislative investigation. (VR/CPB/Sunnex)
