Can Senator Antonio Trillanes IV Be Charged With Sedition?

I just had a thought about the rumor that Antonio Trillanes IV supposedly said that he's willing to become the next Ninoy Aquino. But whether that's true or not is no longer relevant as like Ninoy -- you can see the whole issue is that he's actually following in a similar path of foolishness. The problem is he's fighting against an imaginary dictatorship. The scenario between President Duterte's martial law in Mindanao is not the same as Ferdinand E. Marcos' nationwide martial law. One was declaring martial law because the police could no longer handle the job while the other was a misuse and abuse of a military tool meant to suppress disorder. The other difference is that Ninoy had lots of people attending his privilege speech but many walkouts on Trillanes' part.

Here's what CNN Philippines has to say and this will leave people laughing with some Tagalog to English translations for non-Tagalog readers:

This was the decision made Thursday based on a complaint filed by several lawyers who said Trillanes' October 3 privilege speech allegedly urged soldiers to kill President Rodrigo Duterte.

RELATED: Lawyers set to file criminal cases vs. Trillanes for alleged remarks to kill the President

The resolution filed at the Office of the City Prosecutor in Pasay City quoted Trillanes saying, "So ito ngayon sagot. Kung makikita 'to ng mga sundalo, M60 machine gun ang gagamitin sa ýo. Marami-rami ito, mauubos magazine kung ₱40 million hinahanap mo,Mr. Duterte."

[Translation provided: So here's the answer now. If the soldiers could see this, they will use the M60 machine gun on you. These are many. The magazines will be emptied if you're looking to P40 million, Mr. Duterte.]

According to the Revised Penal Code, a person charged with inciting sedition is someone who "without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end."
According to the resolution, Trillanes said his privilege speech was covered by his "parliamentary immunity as a Senator."

It added, "He argues that any statement made by a Senator in a privilege speech before the Senate Floor, even if assuming for the sake of argument that the same are libelous or seditious as the complainants are claiming, cannot be the basis of a criminal or civil action before the courts of justice."

Trillanes had moved to have the complaint dismissed, saying there was not enough evidence to support it.

City prosecutors however, disagreed saying the speech was not covered by parliamentary immunity.

It said, under their jurisdiction "the privilege of speech and debate enable the legislator to express views in the interest of the public without fear of accountability to support his statements with the usual evidence required in the court of justice."

It added two requirements must be met for such privilege to be used: remarks must be made while legislature is in session, and they must be made in connection with the discharge of official duties.

They said that while the first requirement was met, the second was not.

"To say the least, the speech was purely an attack to the President and his family," they said.

The prosecutors explained a video of the speech was uploaded YouTube, a rally was staged, and various other statements and releases led them to believe that Trillanes sought to sow the the seeds of sedition in people's minds.

Trillanes responded to the case, saying, "Hindi gaya ni Duterte na duwag humarap sa kaso, haharapin ko ito."

[Translation: Unlike Duterte who is too cowardly to face a case, I will face this.]

He added, "Maliwanag na baluktot at panggigipit itong kasong ito na nakabase sa privilege speech ko sa Senado na bukod na sa merong constitutionally guaranteed immunity from suit, ay wala akong inincite na kung sino to do anything. Kung ang pakay nito ay takutin ako para umatras ako sa pagpuna kay Duterte, well, sabi ko nga dati pa, lalo pa akong ginaganahan tumayo laban sa mali at masama."

[Translation: it is clear that this case is crooked and is based on my Senate privilege speech which besides having constitutionally guaranteed immunity from suit, is that I am not inciting anyone to do anything. if their purpose is to scare me into retreating from calling out Duterte, well, as I've said before, I am more encouraged to stand against wrongdoings and evil.]

Presidential Spokespeson Harry Roque said they respect the findings of the Pasay City Prosecutor.

The fact that he has been repeatedly attacking President Duterte with false allegations that he can't prove his statements. The bigger problem may not just be in him being unable to prove his statements but that he has been trying to file false charges based on his baseless accusations. The part where he supposedly said in Tagalog, "So here's the answer now. If the soldiers could see this, they will use the M60 machine gun on you. These are many. The magazines will be emptied if you're looking to P40 million, Mr. Duterte." -- then isn't that already inciting soldiers to lead a coup to overthrow the president himself? Correct me if I'm wrong but that may already be a ground to sedition considering that this is the Office of the Prosecutor that we're talking about!

If that's not all, there's also the incident about him filing bogus cases at the International Criminal Clown Court (ICC). Trying to overthrow a president with unsubstantiated cases by filing unsubstantiated claims at the ICC is already an act of mutiny. Not to mention, he also spewed out many lies in some foreign interviews including the one where he was skewered by Stephen Sackur on BBC Hardtalk especially with his bogus claims against the current president. 

What amazes me is how Trillanes claims that President Duterte is a coward and he will face his case. If that's true then why in the world is he still in United States, Chicago or wherever he may be right now? Is he now trying to plead innocent over his sedition even when evidences such as him filing for fake charges at the ICC is wide open? It's amazing how "brave" he can get but let's see if he's really willing to return to the Philippines to face his case as charged by the Pasay City Prosecutor.

Oh, if ever Senator Trillanes will get killed when he returns -- will you vote for Arlene Orejana as the next president?