House fails to approve amnesty proclamation for mutineers

MANILA, Philippines - The House of Representatives yesterday failed to concur with President Aquino’s amnesty proclamation for soldiers involved in failed coup attempts against the Arroyo administration because of several concerns and defects in the document. 

Muntinlupa Rep. Rodolfo Biazon, chair of the House committee on national defense and security, said 80 to 90 percent of the members of the Armed Forces oppose the granting of amnesty to rebel soldiers.                                    

The national defense committee held a joint meeting with the justice committee to decide if the chamber would concur with Proclamation 50 issued by Mr. Aquino last Oct. 11. 

The proclamation grants amnesty to soldiers who took part in the July 2003 Oakwood mutiny in Makati City, the February 2006 standoff by Marines in Fort Bonifacio, and the siege of the Manila Peninsula Hotel in Makati on Nov. 29, 2007.

Biazon proposed the proclamation be returned to Malacañang for corrections.                                                    

Iloilo Rep. Neil Tupas noted that the Constitution mandates Congress to only concur or reject an amnesty proclamation. Lawmakers were also disappointed that key resource persons were absent during the hearing. These include members of the Feliciano Commission that investigated the 2003 Oakwood mutiny, and former generals Renato Miranda and Danilo Lim, as well as detained Sen. Antonio Trillanes IV. 

“I think the proclamation was not crafted very well. Many questions were not answered because the principals were not there,” said House Minority Leader Edcel Lagman. 

The joint committees also agreed to invite constitutional experts to the next hearing to get their opinion on the need to amend the provision in the 1987 Constitution stating that the Armed Forces is the defender of the state and the people, a provision invoked by soldiers involved in the coup attempts to justify their actions.                                                      

Batangas Rep. Hermilando Mandanas also pointed out that it is stated in the proclamation that it would be effective upon signing by the President.

The document, however, was already signed.  

In the past, all amnesty proclamations were made effective upon concurrence of the majority of members of Congress. 

It was also not clear if soldiers granted amnesty in the past but participated in the mutinies would still be covered by Mr. Aquino’s amnesty proclamation.                              

Commission on Human Rights chair Loretta Ann Rosales also pointed out that the last part of the proclamation’s title makes the coverage of the amnesty unspecific.                            

It states that aside from the last three uprisings, the amnesty also covers “related incidents.”

“We have to be very specific to the use of ‘and other related incidents.’ What if these other related incidents involve human rights violations?” Rosales said.