DOJ's new 'defective' form theory affects hundreds granted amnesty
MANILA, Philippines — The Department of Justice last week introduced a new theory to support its claim that Sen. Antonio Trillanes IV did not admit guilt to his crime and could not have been granted amnesty: They said the amnesty application form is “defective.”
During the motion hearing at the Makati Regional Trial Court Branch 148 on October 6, Acting Prosecutor General Richard Fadullon pointed out that the application form only indicated a box to “admit guilt” on “incidents,” instead of crimes.
READ: Amnesty application form drafted years ago 'defective,' says DOJ
One of the lawyers in Trillanes' team said that this puts all other amnesty applications granted during the administration of President Benigno Aquino III at risk.
Amnesty form 'defective'
During the Friday’s hearing, Fadullon insisted that Trillanes failed to admit guilt to crimes he was charged with.
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 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.”
Col. Josefa Berbigal and former Defense Undersecretary Honorio Azcueta, who both took the witness stand on Friday, said that Trillanes signed this part of the form.
But Fadullon stressed that one cannot admit guilt to an “incident.”
“Our opinion is that the [amnesty application] form is defective,” Fadullon told reporters after the motion hearing on Friday evening.
Same form used by all amnesty applicants
Fadullon is challenging the amnesty application form used by more than 250 applicants for amnesty, which include Rep. Gary Alejano (Magdalo party-list) and other government officials.
Reynaldo Robles, Trillanes’ lawyer, said that the amnesty application form was drafted by top Department of National Defense officials years ago.
He said it was unfair to find fault in the amnesty form. “It’s not for the members of the amnesty commission what particular offense were committed,” he added in an interview last Friday.
Robles stressed that what was in the form is admission. “That’s what’s critical and material. That’s what is important."
But Fadullon said that President Rodrigo Duterte’s Proclamation 572 only covers the application of Trillanes and not others who were granted amnesty through the same application form.
Lawyer Florin Hilbay, former solicitor general, said in a text message on Monday that this new argument purported by the DOJ is a "strange, irrational theory."
"Such a reckless argument places in danger all the certificates of amnesty granted to all persons by [former President Benigno Aquino III] and the Congress," stressed Hilbay, who is a part of Trillanes' legal team.
Remedy? Narration of facts
Fadullon said that the “deficiency” in the form could have been remedied by the narration of facts that should be attached to the application form.
Berbigal and Azcueta both attested before the local court that Trillanes submitted a narration of facts. This document included details on the applicant’s involvement in the crime he was charged with.
Berbigal said that she would not have administered a stamp on Trillanes’ application if it did not include that document.
Azcueta, who was part of the committee that deliberated on amnesty applications, also testified that Trillanes submitted a narration of involvement in the incidents.
Azcueta also said that Trillanes’ form was included “in a bunch” of applications deliberated on by the commitee created to process amnesty applications.
The government is arguing that there are no records of Trillanes' amnesty application, despite media widely covering the said filing and witnesses' accounts of receiving the senator's application.
Missing amnesty applications
During the hearing last week, it was also learned that documents on other amnesty applications are also missing.
DND Legal Affairs chief Norman Daanoy repeatedly said in open court that the there are no records for any of the applications for amnesty under President Benigno Aquino III’s Proclamation 75 in 2010.
“There are no records or any documents pertaining to deliberation, minutes of amnesty application pursuant to Proclamation 75,” Daanoy said.
READ: DND: No records of deliberations on any amnesty application
The certification that Daanoy signed, however, was that there was “not any document pertaining to the transcript of stenographic notes, minutes, deliberations on Sen. Trillanes’ application of amnesty.”
This was what Fadullon listed in the formal offer of evidence.
Trillanes’ camp is set to file their formal offer of evidence on Tuesday, 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.
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