Sen. Antonio Trillanes IV has been granted amnesty in January 2011.
Senate PRIB/Cesar Tomambo
Duterte revokes Trillanes' amnesty for Magdalo mutinies
(philstar.com) - September 4, 2018 - 10:30am

MANILA, Philippines (11:42 a.m.) — President Rodrigo Duterte has declared the amnesty granted to Sen. Antonio Trillanes IV in January 2011 as void.

In his Proclamation 572, Duterte claimed that the senator "did not comply with the minimum requirements to qualify under the Amnesty Proclamation."

The president has ordered the Department of Justice and court martial of the Armed Forces of the Philippines to pursue all criminal and administrative cases filed against Trillanes in connection with the Oakwood Mutiny in 2003 and the Manila Peninsula siege in 2007.

According to the proclamation, Trillanes did not apply for amnesty and "never expressed his guilt for the crimes that were committed" during those mutinies. 

A January 6, 2011 report by The STAR notes, however, "Trillanes and 18 other Magdalo officers submitted their application forms to the Department of National Defense  Ad Hoc Amnesty Committee at about 2 p.m. in Camp Aguinaldo, Quezon City."

"It’s (coup) a technical charge that has elements that needs to be proven… Let me be clear, we admit guilt as far as rising up against the most corrupt president this country ever had," the former Navy officer told reporters then.

He said in the same report, as in other reports on his amnesty application in 2011 that "[w]e are man enough to admit that we have broken rules in the pursuit of a moral cause and we faced it like men." 

Trillanes, who was elected senator while in detention, also said: "We were imprisoned and the others were separated from the service so it's very easy for us to agree to that (admission of guilt)."

According to an ABS-CBN News report on the application for amnesty, "Trillanes signed a portion acknowledging his involvement in uprisings that entail 'a violation of the 1987 Constitution, criminal laws, and the Articles of War' and recanting his statements in the past that are contrary 'to this express admission of involvement/participation and guilt.'" 

The military and police were also directed to arrest Trillanes "so that he can be recommended to the detention facility where he had been incarcerated for him to stand trial for the crimes he is charged with."

Proclamation 572 was published as an advertisement in the September 4 issue of the Manila Times.

Trillanes: No amnesty granted if I did not apply for it

In a televised interview with Senate reporters, Trillanes called the proclamation "bogus", saying the best proof that he applied for amnesty is that he was granted it.

"Imagine, bakit ako bibigyan ako ng amnesty kung hindi ako nag-apply (why would they give me that if I did not ask apply for it? That is a very, very clear requirement kasi yun yung tatanggapin mo yung conditions ng nag-grant ng amnesty (you have to accept the conditions of the one granting amnetsy)," he said.

He added that he does not have a copy of his application form. "I have the amnesty certificate, that's what matters," he said in Filipino.

He added, however, that if security personnel come to arrest him, he will not resist arrest nor try to escape. He said he will not resist since soldiers sent to arrest him are only doing their jobs.

He said he will exhaust all legal remedies and will continue working at the Senate until the arrest is effected.

"I will not dignify [this foolishness]. They know it, I know it... this has no basis. They just made this up ," he also said.

Aquino's 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.  — Patricia Lourdes Viray

This is a developing story.

AMNESTY ANTONIO TRILLANES IV MANILA PENINSULA SIEGE OAKWOOD MUTINY RODRIGO DUTERTE TRILLANES AMNESTY
As It Happens
LATEST UPDATE: September 14, 2018 - 10:27am

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. 

September 14, 2018 - 10:27am

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 - 2:46pm

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 - 10:03am

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 - 8:55am

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 - 8:49am

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."

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