Palace's revocation of amnesty for Trillanes
The Court of Appeals reaffirms the ruling of a Makati court judge to deny the government's appeal to arrest former Sen. Antonio Trillanes IV over a revived coup d'etat case.
The CA rules that Judge Andres Soriano did not commit grave use of discretion, contrary to the claim of the Office of the Solicitor General.
"Therefore, it cannot be said that the grant of amnesty in favor of private respondent was validly revoked. As a result, the charges against private respondent in connection with the offenses "forgotten" or forgiven by the amnesty must be necessarily dropped," the CA says.
The continuation of Sen. Antonio Trillanes IV's trial for a rebellion case has been moved to May as the Court of Appeals denies his petition for a TRO against it.
The CA denied the petition for TRO for the trial at Makati RTC Br. 150 saying doing so would mean granting the main prayer without trial.
Court of Appeals denies Sen. Trillanes’ plea for TRO vs rebellion trial at Makati court. Court says issuing a halt order would mean granting prayer for main petition, without trial. The court ordered Makati Judge 150 Alameda, DOJ to comment on the senator’s plea. | @kristinepatag pic.twitter.com/PNq6iS3lSi
— Philstar.com (@PhilstarNews) March 19, 2019
The court has also directed Makati RTC Br. 150 Judge Elmo Alameda to comment on Trillanes' petition.
The rebellion case is over Trillanes' participation in the 2007 Manila Peninsula siege, for which amnesty was granted in 2011. President Rodrigo Duterte has voided the amnesty.
The Department of Justice has transmitted to the Office of the Solicitor General the order by Makati Regional Trial Court Branch 148 denying its motion for reconsideration on an earlier decision not to issue an arrest warrant for Sen. Antonio Trillanes IV over a coup d'etat case it dismissed in 2011.
The court has stood firm on its decision that Trillanes applied for amnesty and acknowledged guilt in mutinies against the Arroyo administration.
It also stood by the same decision that found that Proclamation 75, which voided Trillanes' amnesty, is legal and is within the president's powers to issue.
"We are transmitting the Joint Order for your office to consider the filing a petition for certiorari with the higher courts witin the time allowed by the Rules of court, " Senior Deputy State Prosecutor Richard Fadullon, OIC prosecutor general, says in his letter.
Presidential spokesperson Salvador Panelo had initially said Solicitor General Jose Calida would go straight to the Court of Appeals and not wait for the Makati court to reconsider.
The Department of Justice will file a motion for partial consideration at Makati RTC Branch 148 by Friday, Justice Secretary Menardo Guevarra tells reporters.
The motion will only ask the court to reconsider "only insofar as it found that sen trillanes had sufficiently shown that he filed his certificate of amnesty, and that therefore it follows that he also admitted his guilt."
The Palace had earlier said Solicitor General Jose Calida was already preparing a petition questioning the Makati court's resolution before the Court of Appeals.
Lawyer Rhodora Peralta, Makati RTC Br148 clerk of court, confirms that Judge Andres Soriano has issued a resolution on a Department Justice plea to issue a warrant of arrest against Sen. Antonio Trillanes IV.
She says they will not give out copies until parties of the case receive the resolution first.
Makati RTC Br148 Clerk of Court lawyer Rhodora Peralta confirms that Judge Andres Soriano has issued resolution, but a copy has yet to be given to parties. She said they won’t give out copies until parties of the case receive the resolution. | via @kristinepatag pic.twitter.com/Sh4NYmz0CO
— Philstar.com (@PhilstarNews) October 22, 2018
She refuses to give details on what the resolution says.
Justice Secretary Menardo Guevarra "takes very strong exception" to a claim by Rep. Gary Alejano (Magdalo party-list) that the government is pressuring Makati RTC Judge Andres Soriano to rule against Sen. Antonio Trillanes IV.
"The DOJ does not interact with the judge excpet through the pleadings filed and arguments raised in open court," Guevarra says in a statement to reporters that was written entirely in upper case.
"Rep. Alejano's allegations tend to impede the orderly administration of justice, unfairly cast aspersion on the integrity and professionalism, of the Department of Justice and its prosecutors, and constumaciously influence Judge Soriano's decision-making process," he also says.
Trillanes' camp has presented Lt. Col. Josefa Berbigal as their first witness.
Berbigal was the head secretariat of the AdHoc committee on amnesty applications.
She earlier signed an affidavit saying she received Trillanes' application.
During the hearing, Berbigal said that those who applied for amnesty were "only given one form to file."
Reynaldo Robles, Trillanes' lawyer, asked: "No copy anymore?"
Berbigal replied: "Yes, sir."
Prosecutors on Friday presented GMA News Online journalist Mark Merueñas as their final witness.
He said that he personally covered Trillanes' filing of amnesty in 2011.
Trillanes was quoted in Merueñas’ article as saying: "I would like to qualify that we did not admit to the charge of 'coup d’etat' or anything na finile sa amin because we believe hindi iyon ang nararapat na charge sa ginawa sa amin."
Prosecutors said that this proves that Trillanes did not admit guilt.
The amnesty application form includes a general admission of guilt.
The Department of Justice has presented three witnesses so far in a hearing at Makati RTC Branch 148 on a DOJ motion to have Trillanes arrested over a coup d'etat case.
Among the witnesses if Norman Daanoy, DND legal affairs chief. He testified that there were no records of deliberations, minutes of amnesty applications pursuant to Proclamation 75, the Aquino administration order granting amnesty to Trillanes and hundreds of others.
Makati Regional Trial Court 148 has deferred the decision on issuing a warrant for the arrest of Sen. Antonio Trillanes IV for a coup d'etat case over the 2003 Oakwood Mutiny, the senator's camp says.
The court has instead set a hearing on October 5 for evidence on whether or not Trillanes applied for amnesty before it was granted in 2011 and whether or not there was an admission of guilt in the application.
LOOK: Makati court defers ruling on DOJ’s motion on arrest warrant, travel ban vs. Sen. Antonio Trillanes. The court sets hearing on reception of evidence on October 5. Copy of order from Trillanes camp. @PhilstarNews pic.twitter.com/dXxLz7mWfZ
— Kristine Patag (@kristinepatag) September 28, 2018
The case had been dismissed in 2011 after Trillanes applied for and was granted amnesty. That amnesty has been voided by President Rodrigo Duterte's Proclamation 572, which stated that the application form for the amnesty is missing, there is no proof that he applied for amnesty.
Another court, Makati RTC Branch 150 ordered Trillanes arrested earlier this week, saying certfications that the senator filed his application form failed to prove that he really did.
Government lawyers—including Solicitor General Jose Calida, whom Duterte said did the research on Trillanes' amnesty—have hailed Branch 150's decision.
No decision today on Justice department motion to have Sen. Antonio Trillanes IV arrested on a coup d'etat case dismissed in 2011 because of an amnesty that the Palace has since voided, Makati Regional Trial Court Branch 148 Judge Andres Soriano tells reporters.
WATCH: Makati RTC Branch 148 Judge Andres Bartolome Soriano said he will not issue any decision today on the DOJ’s motion for the issuance of warrant of arrest and hold departure order against Sen. Antonio Trillanes IV. | via @iambertramirez pic.twitter.com/BewbZ59FPv
— The Philippine Star (@PhilippineStar) September 27, 2018
On Wednesay, prosecutors filed a pleading that wrapped up proceedings. Judge Soriano had given the Department of Justice five days from the receipt of Trillanes' Supplemental Comment to file their answer, but they filed days before the deadline. — from a report by The STAR/Robertson Ramirez
Solicitor General Jose Calida, the man who President Rodrigo Duterte says did the research into revoking Sen. Antiono Trillanes IV's amnesty, welcomes Makati RTC 150's revival of the rebellion case against the senator.
The rebellion case was filed over the 2007 Manila Peninsula siege.
He says that Trillanes "should be made accountable for his crimes against the Republic."
Time for trial... pic.twitter.com/AkOszIQxcF
— Jose Callangan Calida (@SolGenCalida) September 25, 2018
Trillanes had scheduled a hearing to look into a potential conflict of interest in Calida owning a security agency that has multmillion-peso contracts with government agencies.
Sen. Trillanes who is back in Senate after posting a P200,000 bail thanks minority senators and those who offered prayers that he will not be harmed.
Sen. Grace Poe says she is confident Sen. Trillanes can defend his case before the court.
She also raised concern about trust in government.
"So kung kukwestiyunin 'yung kanya, lahat 'yun malalagay sa peligro at mawawalan ng bisa ang amnestiya na ibibigay ng gobyerno sa mga darating na panahon; papaano magkakaroon ng tiwala? Kaya ako, dasal ko naman na ang mahihiling natin dito ay ang pagiging patas ng Korte na pakinggan talaga," she says.
Sen. Trillanes will return to the Senate after posting bail, opposition's Sen. Bam Aquino says.
Sen. Trillanes arrives at the Makati RTC Branch 150 to post bail worth P200,000.
The Human Rights Watch also issues a statement, similarly attributing the arrest of Sen. Trillanes to the Duterte administration's persecution of critics "who dared to challenge the president’s murderous 'drug war.'"
"This started with the demonization and eventual incarceration of another senator, Leila de Lima, based on trumped-up charges. Senator Trillanes has proven to be the biggest thorn in the side of President Duterte," HRW Asia Division researcher Carlos Conde says.
"He criticized the 'drug war' killings and accused people in the administration – including the president’s own son – of corruption. He has likewise supported the International Criminal Court’s preliminary examination of the complaints against President Duterte related to the 'drug war.'"
Tindig Pilipinas in a statement says the Duterte administration has decided to "reach into its authoritarian playbook" to get another critic arrested.
Sen. Trillanes voluntarily surrenders to National Capital Region Police Office chief Guillermo Eleazar after a Makati court grants the DOJ's arrest warrant request against the senator.
LOOK: Sen. Trillanes voluntarily surrenders to NCRPO chief Guillermo Eleazar after a Makati court grants the DOJ's arrest warrant request against the senator. | ???? by Mong Pintolo
— Philstar.com (@PhilstarNews) September 25, 2018
More here: https://t.co/JcnbeuOZt7 pic.twitter.com/HkieWRqtno
Sen. Trillanes speaks up on the arrest order against him.
"Natalo po ang demokrasya ngayong araw na ito... Ito ay maliwanag na pang-iipit ni Mr. Duterte sa mga kritiko niya sa politika. 'Yung mga nagsasabi ng totoo at di niya maharap," he says.
The senator says his camp intends to post bail, adding that if there is a warrant, "no matter how unjust," he will go with the arresting team.
"Nanaig ang kadiliman at kasamaan dito sa ating bayan."
Vice President Leni Robredo reacts to the arrest order against Trillanes, saying she was surprised by it as the case was already dismissed before when the senator was granted amnesty.
WATCH: VP @lenirobredo says she's surprised with the Makati court's arrest order against Sen. Trillanes as the rebellion case was already dismissed before. She adds that she is sure the senator will follow the legal process. | via Mong Pintolo pic.twitter.com/DOdSZ3Zk0C
— Philstar.com (@PhilstarNews) September 25, 2018
Roque says whatever Sen. Trillanes has to say can be addressed before the court.
"Let us stop the drama by presscon and allow the legal process to take its course," he says. — Alexis Romero
Presidential spokesman Harry Roque says "the court has spoken" when asked about the arrest order against Trillanes.
"As the president has said, we will respect the decision of the judiciary," he adds. — Alexis Romero
Here's a look at some parts of the 22-page order of the Makati RTC.
LOOK: Order of Makati RTC Branch 150 granting the Department of Justice's request for an arrest warrant and hold departure order against Sen. Trillanes. | via @kristinepatag pic.twitter.com/nfgaF7quqk
— Philstar.com (@PhilstarNews) September 25, 2018
The Makati Regional Trial Court Branch 150 grants the Department of Justice's request to issue a warrant of arrest and hold departure order against Sen. Antonio Trillanes IV over the 2007 Manila Peninsula siege.
Solicitor General Calida argues in his Comment on Trillanes' petition questiong Proclamation 572 that “the power to grant clemency is a non-delegable power and solely the president’s prerogative which must be exercised by the president personally and exclusively.”
“This is not an instance where the doctrine of qualified political agency applies,” Calida says.
Citing Villena v. Secretary of the Interior, the solicitor general says that “clemency must be exercised by the president personally and no amount of approval and ratification will validate the exercise of that power by any other person.”
The solicitor general argues that Proclamation 75, which granted amnesty to the senator, “is void and violating of constitution.”
The argument is not contained in Proclamation 572 and Department of Justice proescutors have premised their pleadings at Makati courts on Trillanes' supposed failure to apply for amnesty.
The Office of the Solicitor General has asked the Supreme Court to dismiss Trillanes' petition questioning Proclamation 572, ONE News reports.
The Office of the Solicitor General asks the Supreme Court to dismiss the petition of Sen. Antonio Trillanes IV against the Proclamation Order No. 572 revoking his amnesty in coup d'etat and rebellion cases. pic.twitter.com/fbppAPLvXK
— ONE News PH (@onenewsph) September 24, 2018
Trillanes had askd the Supreme Court to issue a temporary restraining order against Proclamation 572, but the court said there was no need since the executive branch had already said it would not arrest the senator without a warrant.
It ordered the government to comment on the petition, however.
The Department of Justice has filed its Reply to Sen. Trillanes' opposition to its motion asking Makati RTC Branch 150 to issue a warran for his arrest and a hold-departure order to keep him from leaving the country.
"As aptly pointed out by this Honorable Court during the motion hearing, the best evidence that accused could submit to prove his claim is a copy of his application form bearing the receiving mark/stamp of the DND. This, the accused failed to do so," the DOJ says in the pleading made public Thursday.
Makati RTC Branch 150 was hearing a rebellion case against Trillanes and others but dismissed it in 2011 because of the grant of amnesty. With the amnesty voided, the DOJ says the case should be revived.
Trillanes and his lawyers have five days to file a rejoinder after receipt of their copy of the Reply.
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.
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.
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.
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.
Camp of Sen. Trillanes given 10 days to file supplemental comment on the DOJ’s motion for warrant, HDO. Lawyer Reynaldo Robles says they will argue on factual matters on application for amnesty referred to by the SC to trial court. @PhilstarNews pic.twitter.com/Z5h1y6UPwP
— Kristine Patag (@kristinepatag) September 13, 2018
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.
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.
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.
Makati RTC Branch 148 will hold a hearing on the Department of Justice’s motion for alias warrant, HDO vs Sen. Trillanes at 9am. | @kristinepatag pic.twitter.com/rIEB56LYNx
— Philstar.com (@PhilstarNews) September 13, 2018
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."
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.
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.
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.
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.'
President Rodrigo Duterte admits that Solicitor General Jose Calida has a hand in the review of the amnesty given to Sen. Antonio Trillanes IV.
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.
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.
Department of National Defense' statement on the petition filed by Sen. Antonio Trillanes IV before the Supreme Court https://t.co/48lafCAPbR
— ONE News PH (@onenewsph) September 7, 2018
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.
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.
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.
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.
HAPPENING NOW: Sen. Antonio Trillanes IV holds a press conference inside the Senate. pic.twitter.com/4Zxks4hupF
— The Philippine Star (@PhilippineStar) September 6, 2018
He also shows the media a confirmation issued by the ad hoc committee of the Department of National Defense.
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.
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.
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.
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.
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.
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.
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.
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.
Sen. Trillanes did not file an amnesty application? Too much bukbok rice, it seems. Here’s a video of the filing of that application https://t.co/VdPi0LSfXT
— Abi Valte (@Abi_Valte) 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.
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.
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."
Senate Minority Leader Franklin Drilon on the revocation of the amnesty given to Sen. Antonio Trillanes IV pic.twitter.com/QbortIUGOZ
— Marvin Sy (@hey_marv) September 4, 2018
Senate sergeant-at-arms Jose Baladia confers with Sen. Antonio Trillanes IV on procedures for his arrest. — Paolo Romero
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."
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.
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.
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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