By Francis Wakefield
Former National Security Adviser Jose Almonte Wednesday said that President Rodrigo Duterte's voiding of Senator Antonio Trillanes IV's amnesty was beyond legal consideration.
Former National Security Adviser Jose Almonte ( Richard V. Viñas | Manila Bulletin)
In a phone patch interview with Defense reporters, Almonte said it was difficult to understand the basis of the government for voiding the amnesty given to Trillanes which was given years ago on the basis of lost documents.
"You know I think this beyond legal considerations in the sense that medyo malabo yata iyung.... argument nila eh (their argument is not clear). Cases like this I think in the end, it is the people who will decide," Almonte said.
Almonte said amnesty has been given since the beginning, and voiding that of Senator Trillanes' amnesty has impact to others that have also been granted with it.
"Malalim yan (Its deep) because amnesty has been given since the beginning. Siguro (Maybe) in the time of President (Fidel) Ramos that amnesty given was for an incident which according to him was nine coups, and all those involved in those nine were amnestied, So the impact is they themselves will not be secured because of... ang mahirap dito yung basis e, hindi lang nailocate yung original diba hanggang ngayon (the basis is only due to the original document that went missing)," Almonte said.
"You do not punish the one amnestied just because the original was not located. You punish the custodian of the document," he added.
Almonte, at the same time, said that things like ambiguities should be avoided because "sense of fairness" is being challenged by this kind of action.
"I hope it will not happen but, over time, this creates, iyung sinasabi ni Cardinal Sin noon ay (what Cardinal Sin was saying before) compelling moral imperative, a moral command that bind poeple together to radically disobey. So these are the consquences, possible, probable consequences. And for me we have to avoid this because we got lots of problems," he said.
Almonte said it was hard to understand why Trillanes would still have to undergo court martial proceedings again.
"Mahirap din yun, that is difficult to understand,. Alam mo hindi lang tayo magdepend sa (We will not only rely on the) legal argument. We have to consider the common sense of the people, you know the collective common sense, kung acceptable or hindi (If its acceptable or not)," Almonte said.
"This things, its simple, naintindihan na 'yan ng mamamayan eh (the people already understands that. So kahit na hindi sila galing sa (even if they don't belong in the) military or steep in the legal system of the nation or its interpretation which needs special training, common sense will not accept that kind of situation where you are already removed from military service, you already were incarcerated, you ran for senator you won, and then you will be recommissioned just to be court martialed. Mahirap yata 'yun (That's hard) you know," he added.
Almonte said what the government was doing to Trillanes might be interpreted as part of political persecution.
Former National Security Adviser Jose Almonte ( Richard V. Viñas | Manila Bulletin)
In a phone patch interview with Defense reporters, Almonte said it was difficult to understand the basis of the government for voiding the amnesty given to Trillanes which was given years ago on the basis of lost documents.
"You know I think this beyond legal considerations in the sense that medyo malabo yata iyung.... argument nila eh (their argument is not clear). Cases like this I think in the end, it is the people who will decide," Almonte said.
Almonte said amnesty has been given since the beginning, and voiding that of Senator Trillanes' amnesty has impact to others that have also been granted with it.
"Malalim yan (Its deep) because amnesty has been given since the beginning. Siguro (Maybe) in the time of President (Fidel) Ramos that amnesty given was for an incident which according to him was nine coups, and all those involved in those nine were amnestied, So the impact is they themselves will not be secured because of... ang mahirap dito yung basis e, hindi lang nailocate yung original diba hanggang ngayon (the basis is only due to the original document that went missing)," Almonte said.
"You do not punish the one amnestied just because the original was not located. You punish the custodian of the document," he added.
Almonte, at the same time, said that things like ambiguities should be avoided because "sense of fairness" is being challenged by this kind of action.
"I hope it will not happen but, over time, this creates, iyung sinasabi ni Cardinal Sin noon ay (what Cardinal Sin was saying before) compelling moral imperative, a moral command that bind poeple together to radically disobey. So these are the consquences, possible, probable consequences. And for me we have to avoid this because we got lots of problems," he said.
Almonte said it was hard to understand why Trillanes would still have to undergo court martial proceedings again.
"Mahirap din yun, that is difficult to understand,. Alam mo hindi lang tayo magdepend sa (We will not only rely on the) legal argument. We have to consider the common sense of the people, you know the collective common sense, kung acceptable or hindi (If its acceptable or not)," Almonte said.
"This things, its simple, naintindihan na 'yan ng mamamayan eh (the people already understands that. So kahit na hindi sila galing sa (even if they don't belong in the) military or steep in the legal system of the nation or its interpretation which needs special training, common sense will not accept that kind of situation where you are already removed from military service, you already were incarcerated, you ran for senator you won, and then you will be recommissioned just to be court martialed. Mahirap yata 'yun (That's hard) you know," he added.
Almonte said what the government was doing to Trillanes might be interpreted as part of political persecution.