In a recent press statement, Lieutenant Colonel Jose Feliciano Loi noted that under the military justice system, Trillanes should not be going out of his detention cell as in the case of other personnel charged before the military’s general court martial.
The statement suggests that there is no provision in military laws, particularly in the Articles of War, that allows the granting of bail to military officer and men who are facing charges before any military tribunal.
Researching jurisprudence relevant to the issue, I have found out that a military does not enjoy the right to bail. The reason for this is that because of the disciplinary structure of the military and because soldiers are allowed the fiduciary right to bear arms which can cause great havoc, tradition has recognized the non-existence of the right to bail. Nor can appeal be made to the equal protection clause because equal protection applies only to those who are similarly situated. (Comendador, et. al vs. de Villa, G.R. No. 93177, August 2, 1991)
However, the circumstance of Sen. Trillanes is quite unique. He has been elected senator while on military detention. The election of Trillanes as senator, being an overwhelming expression of popular will, cannot be rendered useless by the police power of the state. To deny Trillianes of the right to bail will preclude him from performing his constitutional duties, which is, in my view, amounts to suspension or removal and mocks the mandate entrusted to him by the people.
I believe it is time to revisit the aforementioned jurisprudence.
(N.B. This is the sole opinion of our contributing author. Other opinions, concurring or dissenting, are most welcome. There’s also a Poll on whether Sen. Trillanes should be allowed to post bail [see upper-right sidebar here] - Atty. Fred)
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