MANILA - The arrest of Senator Antonio Trillanes IV over a rebellion case despite being granted amnesty is a constitutional problem, former Armed Forces chief and senator Rodolfo Biazon said Tuesday.
"We have a constitutional problem. Sa aking pagkakaalam, if you're granted an amnesty, all your criminal offenses are obliterated," Biazon told "Bandila sa DZMM."
Makati Regional Trial Court Branch 150 Judge Elmo Alameda on Tuesday ordered Trillanes' arrest over the latter's role in the 2007 Manila Peninsula siege.
The judge granted the motion of the Department of Justice (DOJ) following the issuance of Proclamation No. 572 by President Rodrigo Duterte voiding Trillanes' amnesty.
In his ruling, Alameda said the senator “failed to convince the court that he indeed complied with the minimum requirement" in the application for amnesty.
The ruling read: "Evidently, he failed to present the original hard copy, duplicate copy, or even a photocopy showing that he personally accomplished and filed with the DND Amnesty Committee his Official Amnesty Application Form duly acknowledged and stamp marked received by said office."
However, Biazon said Trillanes is not the custodian of the document.
"The original is kept by the custodian. Hindi ibinibigay 'yan," he said.
He also questioned the voiding of amnesty since granting it is shared power between the president and Congress.
"You have to remember that there is the whole process of the grant of amnesty," he said.
Biazon also said Trillanes cannot be placed under court martial proceedings because he is already a civilian.
"Trillanes filed his certificate of candidacy twice. Comelec allowed him to run, proclaimed him as a winner. So did Comelec commit a mistake allowing a soldier running for office?" he said.