READ: SC ruling affirming detention of ex-soldier with pending court martial proceedingsIna Reformina, ABS-CBN News
Posted at Sep 06 2018 09:07 PM
https://newsprod.abs-cbnnews.com/focus/09/06/18/read-sc-ruling-affirming-detention-of-ex-soldier-with-pending-court-martial-proceedingsMANILA - There exists a precedent case decided by the Supreme Court (SC) where it upheld the arrest and detention of a former member of the military in connection with a court martial proceeding.
The case brings to mind legal questions now surrounding the order to arrest Senator Antonio Trillanes IV, whose amnesty President Rodrigo Duterte voided, reviving criminal charges against him over uprisings he led in 2003 and 2007.
Trillanes seeks Supreme Court reprieve vs amnesty nullification
The lawmaker, a former Navy lieutenant, is asserting that he is already a civilian and that the military court no longer has jurisdiction over him.
In 1987, the high court upheld the arrest and detention of former Colonel Rolando Abadilla of the Philippine Constabulary of the Armed Forces of the Philippines (AFP), one of the leaders of the January 1987 foiled takeover of radio and television facilities of GMA Network and the April 1987 mutiny inside Fort Bonifacio dubbed as “The Black Saturday Revolt.”
The arrest and detention took place after Abadilla was discharged or dropped from the rolls of the military.
Abadilla was charged before a court martial for mutiny or sedition, violation of Article of War 94 (various crimes), among others after the military Board of Officers that conducted a probe into the two incidents found him to be one of the participants.
He was at large at the time of the investigation.
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