Critics question legality of Trillanes' amnesty revocation
MANILA, Philippines — The revocation of the amnesty granted to Sen. Antonio Trillanes IV is a "clear persecution against one of the administration's toughest critics," Sen. Francis Pangilinan said.
Pangilinan, president of the Liberal Party, expressed support for Trillanes and vowed to use all legal means to counter President Rodrigo Duterte's "illegal and abusive" exercise of power.
"Proclamation 75 that granted amnesty to the senator in 2010 was concurred in by Congress. It could not be easily set aside by the whims of one man," Pangilinan said in a statement.
Noting that Trillanes has previously exposed Duterte's possible wrongdoings, Pangilinan stressed that the revocation of the former's amnesty has no justifiable basis and was only done to silence the him.
Pangilinan pointed out that revocation of an amnesty proclamation requires concurrence of both the Senate and the House of Representatives.
"Absent our concurrence any arrest is illegal. We urge the Armed Forces and the PNP not to enforce an illegal arrest," Pangilinan said.
Rep. Gary Alejano (Magdalo Party-list) also condemned Duterte's proclamation declaring the amnesty granted to Trillanes as void.
Alejano, one of the soldiers involved in the 2003 Oakwood Mutiny, noted the possibility of his amnesty being revoked too.
"If they can do that (to Trillanes), they can also do that to me," Alejano told reporters, based on a radio dzBB report.
The Magdalo lawmaker, however, said that he is not alarmed over such possibility as they would exhaust all legal means to uphold their position.
Rep. Edgar Erice (Caloocan), meanwhile, described the revocation of Trillanes as "crazy" as it cannot be implemented without Congress approval.
"Is it now the rule that we cannot criticize government otherwise we will be persecuted. We will be transformed into a banana republic if [two] sitting senators, elected by the people, languishing in jail simply because they are in the opposition," Erice said in a statement.
Duterte's proclamation is "higly preposterous" and a "political vendetta" against Trillanes, Rep. Tom Villarin (Akbayan) said,
"The grounds cited by the proclamation like the non-application by Senator Trillanes of an amnesty is too flimsy and won't hold ground as former President (Benigno) Aquino with the concurrence of Congress made the amnesty full and complete," Villarin said in a statement.
Trillanes, meanwhile, said that he will not resist arrest but insisted that the amnesty was an act of Congress and cannot be superseded by an executive order.
"I will abide by the wisdom of the Senate leadership and my lawyers are exhausting all legal remedies to void this stupid executiove order," Trillanes said.
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.
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.
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