Military can arrest Trillanes without warrant – DND

MANILA, Philippines – Senator Antonio Trillanes IV can be arrested by the Armed Forces of the Philippines (AFP) even without a court issued warrant of arrest, said the Department of National Defense (DND) on Wedensday, September 5.

"'Pag sa military jurisdiciton, provost marshal 'yung magfafacilitate [ng arrest] (In military jurisdiction, provost marshals will facilitate the arrest)," DND spokesman Arsenio Andolong announced in a briefing in Camp Aguinaldo.

Under the military justice system, the provost marshal can issue an arrest order for military offenses. This arrest order can be implemented by the military police (MP). (READ: AFP on revocation of Trillanes' amnesty: 'Just following orders')

"What we are doing now with our MPs and legal officers at the Senate is that we are waiting to acquire his custody for the purpose of returning him to military control and for the purpose of him facing a court martial .That's the principle there," Andolong said.

Andolong had announced as soon as Tuesday noon that they have already prepared the detention cell of Trillanes of the AFP Custodial Center.

Trillanes' offenses: Andolong said Trillanes will be facing the following administrative charges:

The first offense is punishable by dismissal of service, while the second offense is punishable to whatever fits the discretion of the military court.

This means the DND recognizes that the sedition and rebellion charges have been dropped against Trillanes. (LOOK: Trillanes shows proof of amnesty application)

The problem now is that Trillanes, by running and winning for a Senate seat twice, has effectively resigned himself from service and is no longer covered by administrative cases.

DND Internal Audit Service chief Ronald Rubin insisted, however, that Trillanes has been reverted to military service after his amnesty was revoked. (READ: Without amnesty, Trillanes' retirement voided too)

"The jurisdiction of the court martial was acquired during that he was in active duty there was a supervening event which was the granting of amnesty, which was subsequently declared as void," Rubin added.

Spokesman Andolong earlier announced that the AFP is already forming a court martial for Trillanes' offenses.  This is composed by 5 senior military officers. – Rappler.com

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Rambo Talabong

Rambo Talabong covers security, crime, and the city of Manila for Rappler. He was chosen as a Jaime V. Ongpin Fellow in 2019 for his reporting on President Rodrigo Duterte’s war on drugs.

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