Court martial can take custody of reprieved soldier once amnesty is lifted —AFP

A court martial can once again take custody of a reprieved soldier if and when a supervening event, such as the grant of amnesty, is lifted, the Armed Forces of the Philippines (AFP) said on Sunday.

AFP Public Affairs Office chief Colonel Noel Detoyato made the remark on Sunday following the revocation of the amnesty granted to Senator Antonio Trillanes IV in 2011.

In an interview with Super Radyo dzBB, Detoyato explained the functions of a court martial, whose role in the case of Trillanes has caused public confusion.

According to Detoyato, all persons under sentence adjudged by court martial will remain under the jurisdiction of the latter until the case was either dismissed, acquitted, convicted, sentenced, or halted by a supervening event.

"Halimbawa, nabigyan ng amnesty. E 'di putol na 'yung jurisdiction ng court martial sa kanya," he said.

"Pero kapag nawala 'yung supervening event na 'yun, 'yung amnesty, the court martial will resume his case," he added.

For instance, Detoyato said a soldier who took an absence without leave (AWOL) can claim that he is a civilian already and not covered by the court martial anymore.

"Pero after a few months nakita siya. Huhulihin siya ng sundalo, dadalhin siya sa court martial, ita-try siya. Hindi niya pwedeng sabihin na civilian ako kasi nag-AWOL ako. Hindi. Kasi nung ni-commit niya 'yung offense na 'yun, siya ay sundalo pa," he said.

But for Magdalo party-list Representative Gary Alejano, the court martial likewise no longer has jurisdiction over Trillanes, as he was already a civilian in 2007 when he ran for national elections that same year, Alejano noted.

Trillanes was issued an AFP Command Clearance in 2007, and received his separation benefits, Alejano said, noting that a retiring or separated solider with a pending case cannot claim benefits from the AFP.

“If indeed the military is not being politicized by the Duterte administration, then it must know that they cannot make arrests without a warrant and that they have no jurisdiction over Senator Trillanes," Alejano said.

"The AFP should not be used in pursuit of political ends against a personal nemesis of the President,” he added.

Duterte has already said the military should wait for an order from a competent court before it can carry out the arrest of Trillanes. —Erwin Colcol/KG, GMA News