Sunday, September 9, 2018

Opera buffa in Manila

A strange and disturbing situation has been brewing in the Philippines. It concerns a senator who used to be in the Navy. Problem is he's a dissident and President Rodrigo Duterte is on his case. This Rappler essay by Glenda M. Gloria gives the background. If you favor the rule of law, you won't be pleased. How it will wind up is anybody's guess. Excerpt:
Third, before the military can even convene a general court martial to try Trillanes for violation of Articles of War, it has to first establish that the senator is now in fact a soldier.

Does the military have existing rules and processes that allow a resigned soldier to return to the service? Yes, but this assumes one thing: that the resigned soldier is volunteering to return. We have no doubt that becoming a Navy officer again is farthest from Trillanes’ mind.

Still, Esperon argues that when Trillanes committed those crimes, he was a soldier. Ergo, if the amnesty that voided these crimes had been likewise voided, then he has to be tried by the military that ought to have punished him in the first place.

Let’s follow this logic for one second and imagine a court martial proceeding against Trillanes.

After, say, 4 weeks of hearing, the court martial declares Trillanes guilty of conduct unbecoming of an officer and a gentleman for plotting against Gloria Arroyo. The court will then cite the punishment for that based on the Articles of War.

Court martial: Lieutenant Senior Grade Trillanes, you will be removed from the service for being a dishonorable officer and a gentleman!

Trillanes: But, sir, I had long ago left the service. In May 2007, to be exact. And I have records to show for this, signed no less than by the honorable National Security Adviser, General Esperon, sirs.

Court martial: Ah, yes. In any case, we will detain you then!

Trillanes: But, sirs, I have already spent 7 years in jail. And records will bear me out.

Court martial: We can always extend that sentence.

Trillanes: On what charge this time, sir?

The military judges will be left scratching their crew-cut heads. Or, Trillanes can do them a favor by mounting a mutiny right there and then and botching it – again.

Does the military honestly want to go through that?

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