No available copy of Trillanes' amnesty application on file —DND spokesperson

The Armed Forces of the Philippines' Office of the Deputy Chief of Staff for Personnel (J1) has "no available copy" of the application for amnesty of Senator Antonio Trillanes IV, the spokesperson of the Department of National Defense clarified on Wednesday.

"Hindi naman po namin sinasabi na wala siyang application. Ang nangyari po dito sa amin sa J1 po ng AFP, hindi po makita 'yung kopya ng application," said Director Arsenio Andolong, DND spokesperson, in an interview on Dobol B sa News TV.

"Ang nangyari kasi diyan, nung prinocess po 'yung kanilang amnesty, nu'ng 2011 pa po 'yun eh, may crineate po na adhoc committee ang DND para suriin at irekomenda po ang kanilang mga applications for amnesty. Ang secretariat po nu'ng panahon na 'yon ay 'yung J1 po ng AFP," he said.

"Ngayon, sa katagalan po ng panahon, nadiskubreng hindi makita du'n sa J1. Kasi nu'ng nag-inquire po ang Office of the Solicitor General dito sa J1, hindi po makita 'yung copy," Andolong added.

He however clarified that that does not mean Trillanes did not submit an application for amnesty.

"Meron po 'yan. Kaya lang hindi po makita 'yung copy," he said.

"Totoo po 'yan [pag-submit ng application] kasi nu'ng 2011, meron pa pong seremonyas," Andolong added.

"Ang problema po, talagang hindi po makita ang kopya. Nu'ng humingi ng certification ang SolGen, in-issue po 'yon nu'ng araw na 'yon na as of that date, hindi makita," he said.

Andolong said the certification issued by J1 said "no available copy."

"Hindi po nagkakaintindihan. Ang akala nu'ng iba, hindi siya [Trillanes] nagbigay... Meron po. Hindi lang makita," he clarified.

This certification was used by President Rodrigo Duterte as basis for issuing Proclamation No. 572 on August 31, 2018 stating that the amnesty extended to Trillanes was void from the start because he did not comply with the "minimum requirements to qualify under the amnesty application."

Trillanes, a former Navy officer before entering politics in 2007, has also "never expressed his guilt" for the crimes committed in line with the Oakwood Mutiny in 2003 and Manila Peninsula Siege in 2007, the proclamation said.

In response, Trillanes said contrary to what Duterte claims in Proclamation 572, he applied for amnesty and complied with all the requirements.

In a privilege speech on Tuesday, Trillanes presented video footage of when he sought the amnesty, news articles including that of GMA News Online, a picture of his application form, the certificate of amnesty, and decisions of court dismissing the rebellion and coup d’etat cases filed against him.

Trillanes and the other Magdalo soldiers were able to avail of amnesty by virtue of Proclamation 75, issued in November 2010 by then-President Benigno Aquino III. They filed their amnesty application before the DND on January 5, 2011.

Former deputy presidential spokesperson Abigail Valte on Tuesday released a photo of Trillanes' application for amnesty as well as a video of him filing it back in 2011.

In his proclamation, Duterte ordered the AFP and the Philippine National Police to arrest Trillanes "so that he can be recommitted to the detention facility where he had been incarcerated for him to stand trial for crimes he is charged with."

Andolong said being commander-in-chief, Duterte had the power to order Trillanes' arrest. The senator reverted back to the military service as a result of the proclamation, he said.

"Nag-revert na siya (Trillanes) sa pagiging military ulit so nasasaklaw na siya ng court martial," Andolong said.

"Tama po 'yon, nasa kanyang power po 'yon as commander-in-chief (na ipaaresto si Trillanes). 'Yon po ang naging basis ng AFP," he said.

Trillanes spent the night at the Senate premises after he was placed under the custody of the Senate on Tuesday.

Andolong said the facility of the custodial center was prepared on Tuesday "in case sumama siya (sa AFP at PNP)."

"Bilang paggalang sa Senado, hindi muna siya kinuha doon. Pero mag-uusap muna ang AFP at Senado (tungkol dito)," he said. —KG, GMA News