Court martial lawyer corrects Alejano: "I need to remind you that your statement on Trillanes' separation from the service is incorrect" - The Daily Sentry

Court martial lawyer corrects Alejano: "I need to remind you that your statement on Trillanes' separation from the service is incorrect"

Composite photo of Magdalo Rep. Gary Alejano and Atty. Trixie Cruz-Angeles (photo from Rappler and Google)

Magdalo party-list Representative Gary Alejano believes that the revocation of the amnesty given to Senator Antonio Trillanes IV in 2010 is a plot by the Duterte administration to silence the opposition.

"Maliwanag na political persecution yan," Alejano told reporters in an ambush interview.

"Ang nangyari kay Senator [Leila] De Lima, kay Chief Justice [Maria Lourdes] Sereno at ito naman ginawa kay Senator Trillanes ay designed na patahimikin ang mga nagsasalita," he added.

Alejano insisted that, Trillanes, along with him and other Magdalo mutineers have complied with the requirements of the amnesty granted to them.

He added that the charges of rebellion and coup d'etat against them relating to the uprisings have been dismissed.

"'Mayroon ho kaming kopya ng dismissal ho niyan. So ngayon, anong basehan ng pag-aaresto kay Sen. Trillanes? Ano ang krimen (We have a copy of that dismissal. So now, what's the basis for the order to arrest Sen. Trillanes? What's the crime)?" Alejano said

He also cited that Trillanes was not among them when they faced administrative cases at court martial, because he was deemed resigned from the military.

"Kung ang court martial ang pagbasehan (When you talk about court martial), Sen. Trillanes was deemed resigned [from the military] when he filed his certificate of candidacy for the 2007 national elections," Alejano said

Meanwhile, Rose Beatrix “Trixie” Cruz-Angeles, a known court martial lawyer countered the statement of Alejano, (that Trillanes was deemed resigned from the military since decided to run for elections), saying it is not true.

Below is the complete explanation of Cruz-Angeles pertaining to Alejano’s claim, as posted on her Facebook page – Luminous by Trixie Cruz-Angeles & Ahmed Paglinawan:

Dear Gary Alejano:

Despite our political differences and primarily because you did point out that you've never personally called me out for criticizing you, I remain respectful of you and your accomplishments as a Marine officer with an exemplary record.

But I heard your interview and I need to remind you that your statement on Sen. Sonny's separation from the service is incorrect. You said that once Sonny Trillanes filed his certificate of candidacy the court martial lost jurisdiction. That is NOT true.

In the Abadilla case the Supreme Court already ruled that jurisdiction, once acquired cannot be lost. And this holds true even in courts martial. In fact, not even retirement will deprive the CM of its jurisdiction. The Court reiterated that in the Gen. Carlos Garcia case. You remember Garcia, of course. You were detained in the same cell block in Crame.

Much of the prevailing commentary looks at the civilian courts on this case of amnesty. But you should not forget that Special General Court Martial No.1 can still be reconvened.

Sen. Antonio Trillanes and the Magdalo group during the Oakwood mutiny / photo grabbed from Google