Palace's revocation of amnesty for Trillanes
LATEST UPDATE: September 19, 2018 - 2:32pm
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Makati RTC Branch 150 orders executives of GMA Network to produce a “duly authenticated copy" of news report published in 2011 on Sen. Antonio Trillanes IV's filing of his application for amnesty.

The subpoena duces tecum (to produce a document) orders GMA to give an authenticated copy of the story “Trillanes avails of amnesty, admits ‘breaking rules’” written by Mark Merueñas and published on Jan. 5, 2011.

The article was cited in Proclamation 572, which voids Trillanes' amnesty based on his alleged failure to file an application form and admit guilt. Trillanes disputes the basis of the proclamation.

September 14, 2018

Makati Regional Trial Court Branch 150 has deferred the decision on whether it will issue a warrant for the arrest of Sen. Antonio Trillanes IV, whose amnesty for mutinies against the Arroyo administration has been voided by President Rodrigo Duterte's Proclamation 572.

The court instead gives the Department of Justice five days to reply to an opposition that Trillanes filed Friday morning. The senator will have five days from the time the DOJ files its reply to file a rejoinder.

On Thursday, Makati RTC Branch 148 also gave parties time to file pleadings on a similar motion seeking a warrant of arrest and hold-departure order against the senator.

Proclamation 572 voids Trillanes' amnesty over his supposed failure to comply with requirements for the amnesty. The government says it does not have a copy of his application form, and says that means he never applied for amnesty.

This, despite Trillanes' filing the application was covered by media in 2011 and is supported by government documents referencing his application. 

 

 

September 13, 2018

Sen. Trillanes, whose continued stay at the Senate since last week the Palace has dismissed as drama, says he will try to leave the compound "to see how sincere this [administration] is."

Trillanes has been staying at the Senate since the proclamation voiding his amnesty and ordering thePhilippine National Police and the  Armed Forces of the Philippines to arrest him for charges dismissed in 2011 was published in the cclassified ads section of the Manila Times last week. 

Police officers and military personnel were spotted outside the Senate that same day.

Presidential spokesperson Harry Roque has since said that Duterte has decided that Trillanes would not be arrested without a court-issued warrant but has also claimed that there are no legal impediments to implementing the proclamation.

"Wala naming magreresist satin. Hindi tayo manlalaban (We will not resist. We will not fight back)," Trillanes says in possible reference to a common narrative for those killed in anti-drug operations.
 

September 13, 2018

Makati RTC Branch 148 did not issue a warrant for Sen. Antonio Trillanes IV's arrest as sought by the Department of Justice.

The court has instead given Trillanes and his lawyers 10 days to file a supplemental comment and rejoinder to DOJ’s motion seeking the issuance of an arrest warrant and hold-departure order against him over a coup case that was dismissed in 2011.

The DOJ has also been given five days to file a reply to that supplemental comment.

Once both parties have submitted their respective comments, the case will be considered up for resolution.
 

September 13, 2018

Sen. Trillanes has formed a legal team who volunteered to represent him in the pending case before the Supreme Court and regional trial courts following President Duterte's Proclamation 572 revoking the amnesty granted to him in 2011.

In a statement, Trillanes says he is conferring with some of the "best legal minds in the country who are willing to stand for the rule of law."

"They believe that if this illegal act would not be corrected, our country's democracy would be in peril," he adds.

September 13, 2018

Makati RTC Branch 148 is set to hear a Department of Justice motion seeking an arrest warrant and a hold-departure order against Sen. Antonio Trillanes IV for a case of coup d’etat that it said has been revived by the revocation of the senator's amnesty.

Branch 148 dismissed the case in a 2011 ruling.

“The instant case against accused [Trillanes, Alejano and Layug] is hereby dismissed pursuant to the grant of amnesty to them by Proclamation No. 75 dated November 24, 2010 by President Benigno Aquino III,” read the order penned by Acting Presiding Judge Ma. Rita Bascos Sarabia.

 

RELATED: A duel of documents: DOJ, Trillanes cite different rulings

The proclamation voiding Trillanes' amnesty, and the prosecutors who filed the motion said the senator had failed to apply for amnesty as required by the Aquino administration's Proclamation 75 granting amnesty to members of the police and military who partcipated in mutinies against the Arroyo administration.

Judge Andres Soriano, who set the hearing,  said he would have to review the records again "because this involves 53 volumes and the case started from another judge."

The government now claims that the amnesty is void because it was approved by Defense Secretary Voltaire Gazmin and not President Benigno Aquino III himself.

Former Aquino spokesperson and lawyer Abigail Valte has argued that Gazmin was Aquino's alter ego and "the task delegated was the determination of those who may be qualified among the applicants under the parameters of the amnesty given. It’s not the grant of amnesty itself that was delegated."

September 12, 2018

Despite threats of being arrested, Sen. Trillanes files a new Senate resolution to conduct a public hearing and inquiry into government public works contracts granted to the family of Special Assistant to the President Bong Go.

In Resolution 889, Trillanes cites Article VII, Section 13 of the Constitution that prohibits members of Cabinet from being "financially interested in any contract with, or in any franchise, or special privilege granted by the Government... They shall strictly avoid conflict of interest in the conduct of their office."

Trillanes also cites a series of reports by the Philippine Center for Investigative Journalism found that CLTG Builders and Alfrego Builders and Supplies—owned by Secretary Go's father and step-brother—have won P1.85 billion worth of infrastructure projects for Davao Region, some of which have not been completed on time.

September 10, 2018

Malacañang expounds on "usurpation of authority," an additional ground that President Duterte cited on why the amnesty granted to Sen. Trillanes is void ab initio or invalid from the outset.

"The president's belief as a lawyer is that an amnesty must be personally granted by a president. It cannot be further delegated to other officials. It is a presidential prerogative so the position of the president is that only the president should have signed the order of amnesty."

This premise was not initially cited in Duterte's Proclamation 572 which stated the embattled senator's failure to comply with the application requirements for amnesty as the reason for the revocation. This claim, however, was contradicted by a video showing Trillanes filing the application form.

September 10, 2018

The Makati court's Branch 150, which handled the Manila Peninsula siege case of Sen. Trillanes, says they have not granted the request of the Department of Justice to issue arrest and hold departure orders against the embattled senator as a hearing is set on September 14.

September 10, 2018

Sen. Trillanes gets the backing of the national organization of lawyers. The Integrated Bar of the Philippines expresses its alarm over the "overt audacity to publicly arrest and incarcerate an incumbent member of the Senate for offenses that had been abolished by the Chief Executive and Legislature resulting in dismissal of criminal proceedings by our courts," in a statement.

A snippet from it statement is as follows:

To begin with, amnesty once granted cannot be simply dissolved by the invocation of the words "ab initio" as though it were some magical incantation that can nullify vested rigts. The IBP reiterates that amnesty is an exercise of sovereign power that automatically confers upon the grantee vested rights appurtenant to the obliteration of the 'offense with which he is charged. A person released by amnesty stands before the law as though he had committed no offense.'

September 8, 2018

President Rodrigo Duterte admits that Solicitor General Jose Calida has a hand in the review of the amnesty given to Sen. Antonio Trillanes IV.
 

September 7, 2018

There is no military arrest for Sen. Antonio Trillanes IV for now. Presidential spokesperson Harry Roque says President Duterte decided to await the issuance of a warrant of arrest by the Makati Regional Trial Court in response to claims that the senator did not fulfill requirements in applying for an amnesty.

"Nagdesisyon ang presidente to abide with rule of law," Roque says at a press conference in Jordan.

Roque also denied speculations that the presidential order to void Trillanes' amnesty was to divert attention away from the staggering inflation.

September 7, 2018

The Department of National Defense says it is aware that Sen. Antonio Trillanes IV has asked the Supreme Court for a temporary restraining order against a presidential order to have him arrested. 

Trillanes has also questioned the constitutionality of Proclamation 572, which voids his amnesty, orders the Department of Justice to prosecute him for coup d'etat and rebellion, and orders the armed forces to arrest him.

"The DND respects the judicial process and will defer to the decision of the court on the matter," the department said.

September 7, 2018

Senate President Vicente Sotto III, in a text message, clarifies there is no agreement with the Armed Forces of the Philippines or with anyone on Trillanes' arrest, which is rumored to happen today or over the weekend.

"Arresting officers as well as agitators, on the other hand, are not allowed in the premises PERIOD," he also says.

September 6, 2018

Trillanes, in a press briefing at the Senate, shows media a January 5, 2011 document from the Deparment of National Defense Ad Hoc Amnesty Committee listing him as among those who applied for amnesty.

He also shows a file photograph of him filing his application form, which he says was covered extensively by media.

He also presents a document signed by former Defense Secretary Voltaire Gazmin certifying that he is among the applicants found qualified for amnesty. Attached to the document is the ad hoc committee's list of people they were recommending for amnesty.

Trillanes has been staying at the Senate since Tuesday, when Proclamation 572 was published in the Manila Times.
 

September 6, 2018

Sen. Trillanes holds another press briefing—he has held one daily since the presidential order came out—and maintains that he has documentary and multimedia evidence that he followed the procedure in requesting for an amnesty.

He also shows the media a confirmation issued by the ad hoc committee of the Department of National Defense.

September 5, 2018

Rep. Kit Belmonte (Quezon City) delivers a privilege speech in support of Sen. Antonio Trillanes IV, attributing to Solicitor General Jose Calida the move to revoke the amnesty granted to the senator in 2011.

"You did a good job silencing another irritant of this administration. Nakakarami na kayo. And I understand, unbeaten ang track record ninyo sa Supreme Court," Belmonte says.

Belmonte admits that the recent presidential order against Trillanes made him afraid. He, too, was granted amnesty by former President Noynoy Aquino.

He argues that the law is clear that an amnesty removes the offense of an accused.

September 5, 2018

Opposition congressmen file a resolution denouncing the "baseless, unlawful and improvident revocation of the grant of amnesty to Senator Antonio Trillanes IV under Proclamation 572."

Reps. Edcel Lagman (Albay), Raul Daza (Northern Samar), Tom Villarin (Akbayan party-list), Emmanuel Billones (Capiz) and Gary Alejano (Magdalo party-list) argued that Congress concurred with former President Noynoy Aquino's grant in granting Trillanes' amnesty in 2011. It was also upheld by a body of the Department of National Defense.

"The settled jurisprudence is that a grant of amnesty 'abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law as though he had committed no offense," the lawmakers stated, citing Barrioquinto vs Fernandez.

September 5, 2018

The head of the Integrated Bar of the Philippines doubts that President Duterte's proclamation order could serve as warrant of arrest against Sen. Trillanes.

Abdiel Fajardo insists, in an interview with CNN Philippines, that only a court could issue an arrest warrant in the attempt to void Trillanes' amnesty.

September 5, 2018

The Department of National Defense, meanwhile, says it is preparing for the possible court martial proceedings against Trillanes for his involvement in the Oakwood mutiny in 2003. Trillanes was elected senator adn granted presidential amnesty by President Noynoy Aquino in 2011.

September 5, 2018

Makati Regional Trial Court Branch 78 has opted not to issue a arrest warrant against Sen. Antonio Trillanes IV yet. He is instead given five days for comment before a hearing set on September 13.

September 4, 2018

The Department of Justice is asking a Makati court to issue an alias warrant — one issued after the original warrant has been returned to court — against Trillanes.

It is also asking the court to issue a hold-departure order against the senator, who applied for and was granted amnesty for coup d’etat during the Aquino administration.

Earlier Tuesday, Justice Secretary Menardo Guevarra said that his office was gathering the documents needed to reopen the case and move to arrest Trillanes as ordered in Proclamation 572.

 

 

September 4, 2018

Vice President Leni Robredo says the revocation of Trillanes' amnesty proves that the Duterte administration will do anything to silence critics.

She adds that the administration is trying to shift the public's attention away from its inability to address problems plaguing the country.

"Maliban pa rito, ginagamit ito ng administrasyon upang ibaling ang atensyon ng publiko mula sa mga kakulungan nito sa pagtugon sa mga problemang pumipilay sa ating bayan: ang patuloy na pagtaas ng presyo ng mga bilihin, ang shortage sa suplay ng bigas sa iba’t ibang bahagi ng bansa, ang paghina ng ekonomiya, ang kaliwa’t kanang alegasyon ng korapsyon, at maging ang lumalalang daloy ng trapiko," she says.
 

September 4, 2018

Abigail Valte, a spokesperson of former President Benigno Aquino III, also challenged the premise of the proclamation and posted on Twitter a video showing Trillanes' filing of his application for amnesty back in 2011.

 

 

September 4, 2018

Drilon says Senate President Tito Sotto directed the sergeant-at-arms not to allow arresting officers inside Senate premises. Trillanes will remain under the custody of the Senate president.

September 4, 2018

In a live press briefing, Trillanes calls the nullification of his amnesty a warrantless arrest and likens what is happening to living in a de facto martial law environment.

Also with him at the briefing are Sens. Franklin Drilon and Risa Hontiveros.

September 4, 2018

Senate Minority Leader Franklin Drilon refutes the premise of President Duterte's proclamation which voided the amnesty granted to Sen. Antonio Trillanes IV. The proclamation cited an alleged failure to apply for amnesty by Trillanes.

"First point, that an application was made and completed by Senator Trillanes is obvious from the fact that the Regional Trial Court dismissed the criminal cases in relation to the Oakwood mutiny against Senator Trillanes."

September 4, 2018

Senate sergeant-at-arms Jose Baladia confers with Sen. Antonio Trillanes IV on procedures for his arrest. — Paolo Romero

September 4, 2018

Justice Secretary Menardo Guevarra holds press conference on Duterte proclamation voiding amnesty for Sen. Antonio Trillanes IV.

He says he has "no personal knowledge when the review of the amnesty actually began but what I know is this matter of review has been there for quite some time. I think this has been discussed a couple of years ago, as far back as 2013, I guess."

He says Duterte's Proclamation 572 nullifies or declares void ab initio the amnesty, as if it never happened.

"May mga basic requirements... which apparently were not complied by Sen. Trillanes," he says, citing the need to submit an application and "an express admission of guilt."

He says that, apparently, the senator did not express an admission of guilt.

Guevarra says that the proclamation only covers amnesty granted to Trillanes, but says that there may be others "similarly situated." 

September 4, 2018

The Armed Forces of the Philippines refuses to comment on President Rodrigo Duterte's proclamation revoking the amnesty granted to Sen. Antonio Trillanes IV.

"Allow us to validate that information and/or receive a copy thereof. That can be the only time when we can issue appropriate statement," AFP spokesperson Col. Edgard Arevalo said.

September 4, 2018

Sen. Francis Pangilinan says the revocation of the amnesty granted to Sen. Antonio Trillanes is a "clear persecution against one of the administration's toughest critic."

"It ihas no justifiable basis and done to silence Sen. Trillanes, who in the past has exposed to the public possible wrongdoings of the President," Pangilinan said in a statement.

September 4, 2018

The National Union of Peoples' Lawyers says the revocation of amnesty sends the message to:  "Toe the line or get out of the way."

It adds: "De Lima, Sereno, Fox, now Trillanes. Reinventing or redefining law to suit political agenda. Vindictive. Who’s next on the chopping block? Du30 and his strongman state can practically do anything. Anything."

President Rodrigo Duterte has revoked amnesty granted to Sen. Antonio Trillanes IV in 2011 in relation to his involvement in mutinies against the administration of President Gloria Macapagal-Arroyo in 2003, 2006 and 2007.

Duterte claims in Proclamation 572 that Trillanes "did not comply with the minimum requirements to qualify under the Amnesty Proclamation."

President Benigno Aquino III granted the amnesty through a proclamation in 2010 that Congress concurred in.

The amnesty proclamation covered active and former police and military personnel and "[extinguished] any criminal liability for acts committed in connection, incident or related to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Peninsula Manila Hotel Incident without prejudice to the grantee’s civil liability for injuries or damages caused to private persons."

Trillanes, a lieutenant, senior grade, at the time of the Oakwood Mutiny, applied for amnesty in 2011. 

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