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By James Konstantin Galvez and
Anthony Vargas, Reporters
THE Armed Forces of the Philippines (AFP) seeks the intervention of
a civilian court on the issue of who should have custody of
Senator-elect Antonio Trillanes IV who is now detained in Fort
Bonifacio, Taguig Ctiy.
AFP chief of staff, General
Hermogenes Esperon Jr., on Wednesday asked the Makati Regional Trial
Court hearing the coup d’état case against Trillanes to clarify
whether or not the latter should remain under military custody.
“Considering his [Trillanes]
change of status from a military officer to a civilian as of
February 6, 2007, the question has arisen whether the Senator-elect
continues to be subject to confinement in a military detention
facility,” said the two-page request for clarification filed
before the sala of Judge Oscar Pimentel of Branch 148 of the Makati
RTC.
“In this connection, we are
seeking a clarification from the Honorable Court as to whether or
not the AFP should continue with its custody over the person of
Senator Trillanes. Under these circumstances, and if it please the
Court, we are ready to abide by the mandate of the Honorable
Court,” Esperon added.
Should the lower court decide to
remove Trillanes from military custody, Esperon said his new
custodians should be ordered to ensure his appearance at his
court-martial hearings.
Judge Pimentel told reporters
that the Trillanes custodial issue is likely to be resolved next
month pending the resolution of a motion filed by accused counsels.
“I have to resolve first the
motion for the demurrer of evidence filed by the defense counsels in
the coup d’état case,” said Pimentel.
“It all depends. If the
demurrer is accepted then the case is dismissed but if it is denied
Trillanes will remain in custody [detention],” the judge said.
If the demurrer is denied, then,
Pimentel said, he would communicate with the Department of Justice
to request resolution of the question of who gets to have custody of
Trillanes.
“I cannot decide alone because
it involves the military,” he added.
Counsels of the detained junior
officer have filed the motion saying that the Department of Justice
has failed to present convincing evidence to prove their case.
Trillanes, the former Navy junior
officer, was considered resigned from military service pursuant to
Section 66 of the Omnibus Election Code when he filed his
certificate of candidacy last February but the military kept him at
the Philippine Marine Brigade in Fort Bonifacio.
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