tag:blogger.com,1999:blog-14974164.post5089030143486595742..comments2023-10-20T21:46:49.945+08:00Comments on Philippine Commentary: A Jury of Eleven Million of His PeersDeany Bocobohttp://www.blogger.com/profile/01443168826029321831noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-14974164.post-56935241592138996352007-06-22T08:30:00.000+08:002007-06-22T08:30:00.000+08:00The Constitution forbids active military officers ...The Constitution forbids active military officers from exercising partisan political activity directly or indirectly, except to vote. The question then of Trillanes' qualification or disqualification depends on where one stands on the conflict of Section 16 PD 1638 and Section 66 of the Omnibus Election Code. <BR/><BR/>Is he still a military officer or already a civilian? It seems moot given the position of the administration and the AFP. They've practically given up. However, they must challenge it, if only for the purpose of forestalling another "Oakwood". <BR/><BR/>If he is still a military officer under the law, even his election by the people cannot override the constitutional prohibition. I wonder if he is still receiving pay and allowances as a military officer since the mutiny up to now.<BR/><BR/>Mind you, the certificate of candidacy issued by the Comelec is not the be-all, end-all of a candidate's qualification. If it were, there should be no disqualification cases piling up very high in the Comelec and the courts even after the proclamation of candidates.<BR/><BR/>Charging the Oakwood mutineers with coup d'etat as a huge tactical blunder for the government legal team. If only they charged them with mutiny and sedition under the Articles of War, there would be no question whether these soldiers were merely exercising their right of free speech or whether there was violence. The fact is, they mutinied and were demanding the resignation of the President and the top brass of the AFP. There would be no need to ascertain whether the Oakwood hotel is a facility needed for the exercise and continued possession of power.<BR/><BR/>These officers calibrated their actions precisely on the gaps and crevices of the law on coup d'etat. The government fell on the trap.<BR/><BR/>The question of Trillanes attending Senate sessions is up to the court. Judge Pimentel said that he will need at least a month to rule on the question on the custody of Trillanes. However, I doubt that Judge Pimentel would grant him bail based on the conclusion that the case is weak. The mere fact that Judge Pimentel deemed the case to have probable cause and that Trillanes was in Oakwood talking and talking(unlike Honasan which was only there during the so-called negotiation), negates such conclusion.<BR/><BR/>However, I have the knack of always being wrong. As the Mafia and unscrupulous businessmen are wont to say, everything is negotiable. There is always an offer that one cannot refuse.Anonymoushttps://www.blogger.com/profile/01501544161542747806noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-90096796814070792102007-06-22T05:46:00.000+08:002007-06-22T05:46:00.000+08:00Jaius,Thanks for a very thoughtful comment, and in...Jaius,<BR/>Thanks for a very thoughtful comment, and indeed, I grant your points about the conflict between Omnibus Election Code and that PD. <BR/><BR/>"Constructive non-resignation" applies to Trillanes? I guess he would argue that when the Comelec <I>accepted</I> his certificate of candidacy, that effectively gave him as a miitary officer "leave" to run in the elections, from which I must remind you, all power and sovereignty flows. Elections are the source of the spring of power from which all government drinks.<BR/><BR/>Also, the AFP COS Esperon claims that as far as he is concerned Trillanes DID resign his military commission and has wisely accepted civilian supremacy. At least at the level of courts. <BR/><BR/>Think Trillanes will attend Senate sessions?Deany Bocobohttps://www.blogger.com/profile/01443168826029321831noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-14665873648802041822007-06-21T14:45:00.000+08:002007-06-21T14:45:00.000+08:0011 million voters do not have the right to absolve...11 million voters do not have the right to absolve Trillanes of the crime imputed against him. That is a duty that properly pertains to the courts. That is, of course, if we are a "government of laws" instead of a "government of men".<BR/><BR/>If not for the obvious overreaching of the administration to include Sen. Honasan in the coup d'etat charges, the Oakwood blokes should have been facing mutiny/sedition charges under the Articles of War before a court-martial instead of shaky coup d'etat charge in a civil court. The funny thing about these military types is that they secretly abhor and ridicule everything that the civil government stands for, including the civil courts, yet would rather stand before a civil court rather than a court composed of their peers which is a court martial.<BR/><BR/>The AFP can still argue their jurisdiction over Trillanes if only they would exert effort to do so. One possible way is to explore the conflict between Section 16 of PD 1638 and Section 66 of the Omnibus Election Code. The former states that a commissioned officer may resign his commission but will only be separated from the service upon approval of such resignation by the President. The latter, on the other hand, says that AFP officers, like other appointive officials of the government, are considered resigned from their office upon filing of the certificate of candidacy.<BR/><BR/>Section 16 of PD 1638 is consistent with the traditional concept of an officer's commission. You cannot go out of the military just by your own initiative. This was ignored by the Omnibus Election Code which through Section 66 says that the officer's commission can now be disregarded just by filing a certificate of candidacy. It is important to note that the Omnibus Election Code did not expressly repeal PD 1638.<BR/><BR/>Depending of how one will apply the various rules of statutory construction to this apparent conflict of law, he may conclude that Trillanes remains an active military officer despite his "resignation". Thus, constitutionally prohibited from being elected into office and remains under military jurisdiction. <BR/><BR/>Judging by the way Esperon answers questions regarding legal matters (e.g., saying that he will invoke EO 464 in case hailed to the Senate when the provisions of said EO that can shield him from congressional inquiry has already been deemed void by the SC), his quandary appears to be a result of the dearth of intelligent legal advice available to him.Anonymoushttps://www.blogger.com/profile/01501544161542747806noreply@blogger.com