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(UPDATE) The verbal fight between Senator Antonio Trillanes IV and Robin Padilla reminds us of their history as prisoners
Photo by Angie de Silva / Rappler
MANILA, Philippines (UPDATE) – The gap between actor Robin Padilla and Senator Antonio Trillanes IV Wednesday, September 5 was the announcement of the dramatic case in the Senate.
In the aftermath of the cancellation by President Rodrigo Duterte of the Trillanes amnesty, Padilla, a fervent supporter of Duterte, made a scene. He dared Trillanes to come out of the Senate building and be man enough to face the charges against him.
The senator ignored Padilla's film messages, saying the actor acted like a child.
Trillanes sought refuge in his office in the Senate since Tuesday, September 4, the date on which the announcement of the order of Duterte signed August 31 was published. (LOOK: Interior of Trillanes in the Senate)
Padilla and Trillanes both share a similar history of imprisonment and, in particular, have been heard at the Makati Regional Court.
Their cases are however very different. Here's what you need to know about them:
The crimes: loose guns vs rebellion
Padilla was condemned for unlawful possession of firearms in 1994. Police surprised him with unlicensed revolvers and an M-16 Baby Armalite rifle after he fled an accident involving an balut seller.
The so-called "bad boy from Filipino cinema" was arrested for the first time in 1992 after police investigators retrieved unauthorized high-powered firearms with live ammunition at his home in the village of San Lorenzo . A year later, he was acquitted of these charges after paying a bond.
In addition, top-ranking troop lieutenant Trillanes of the Philippine Navy was charged with his involvement in the Oakwood mutiny in 2003 and the Manila Peninsula headquarters in 2007.
The trials: civil against military
Padilla was tried in a civilian court where he was convicted and sentenced for the first time to 17-21 years in prison. The Supreme Court upheld his conviction in 1997, but shortened the actor's imprisonment to 10-18 years.
He had served two years in prison before receiving a conditional pardon from former President Fidel Ramos in April 1998. This grace meant that he was on parole, but could not fully exercise his civil and political rights, including his right to vote.
In contrast, Trillanes, an army officer at the time, was sued by the military court during the coup attempt of 2003.
Presidential Decree No. 1952 stated that "members of the armed forces of the Philippines and of the Integrated National Police accused of any crime or misdemeanor can only be tried before the courts martial".
The distinction between courts is due to the variety of offenses considered under civil and military law. For example, desertion is considered a criminal offense in military law only, but does not apply to civilians.
Trillanes was detained for the first time for nearly 7 ½ years after his arrest for the Oakwood mutiny in 2003. He ran and won as a senator in 2007 while he was in jail.
How they escaped: Amnesty vs. forgiveness
Trillanes and Padilla have been released from the charges against them: the actor has benefited from a presidential pardon and the former soldier has been granted an amnesty.
A pardon "releases the offender from the consequences of an offense for which he has been found guilty". It does not automatically restore its political rights and does not exempt the person from paying civil compensation. (READ: Why Robin Padilla could not join Mariel in the United States for the birth of her baby)
As a result, Padilla was not able to fully exercise his rights even after being pardoned in 1998.
It was not until November 2016 that Padilla was granted absolute clemency by President Duterte.
This has fully restored his civil and political rights. His lawyer, Rudolf Jurado, and his director, Betchay Vidanes, filed a request for absolute pardon on behalf of Padilla earlier this year.
The granting of a pardon is an executive power of the president to commute sentences in criminal cases. This presupposes that the pardoned person has, in a private act, "pleaded and proved" his confession of guilt.
ABSOLUTE CLEMENCE. President Rodrigo Duterte and Special Assistant President Christopher Go pose with actor Robin Padilla who shows documents on executive clemency granted by the President during their meeting at Malacañang Palace on November 15, 2016. Photo by René Lumawag / PPD
Amnesty is a different case.
Members of the Armed Forces, Philippine National Police and other Magdalo members involved in previous Arroyo government coup attempts have received the amnesty of former President Benigno Aquino III. Proclamation No. 75. (DOCUMENTS:
Granted by the President with the consent of the Congress, the amnesty abolishes a crime and serves mainly as a tool in political settlements with the rebel movements.
Amnesty "looks back and abolishes the offense itself". (READ: QUICK FACTS: What is amnesty?)
In the case of Trillanes, this means that after President Aquino granted him amnestythe accusations of coup and rebellion against him were immediately rejected. (READ: Makati court can not reopen Trillanes – IBP case) – Rappler.com
