SC strikes down Duterte's proclamation revoking Trillanes’ amnesty

MANILA, Philippines — The Supreme Court (SC) ruled in favor of former Sen. Antonio Trillanes IV, affirming the validity of his amnesty and deeming the proclamation revoking it unconstitutional.

In a press release by the High Court on Wednesday evening, it said that then President Rodrigo Duterte cannot revoke an amnesty without the concurrence of Congress.

“The Court also grounded its ruling on the primacy of the Bill of Rights and reaffirmed that neither the Government nor any of its officials, including the President, are above the law,” the SC’s press release read.

“The Court ruled that the revocation of Trillanes' amnesty long after it became final and without prior notice violated his constitutional right to due process,” it added.

The decision of the SC was penned by Associate Justice Filomena Singh.

In 2018, Duterte revoked the former lawmaker’s amnesty through Proclamation No. 572.

The proclamation sought to revive the rebellion charges against Trillanes over the 2003 Oakwood Mutiny and the 2007 Manila Peninsula Siege.

However, Duterte’s proclamation was struck down by the High Court as it violated Trillanes’ right to due process.

In nullifying the proclamation, the High Court said that reviving cases against Trillanes, previously dismissed with finality, violated his constitutional rights against double jeopardy and "ex-post facto" laws.

The SC also said that it found “convincing evidence” that Trillanes had filed his amnesty application, contrary to Duterte's claim that the former lawmaker did not apply for such.

The High Court added that the executive department's decision to revoke Trillanes' amnesty, despite the inability to locate the application forms of other amnesty grantees, constituted a violation of his right to equal protection under the law.

“The Decision affirms that in balancing the exercise of presidential prerogatives and the protection of the citizens' rights, the Constitution and the laws remain as the Court's anchor and rudder,” the SC's press release read.

The 1987 Constitution empowers the president to grant amnesty with the concurrence of a majority of the Congress

Trillanes is a staunch critic of the former president due to his drug war. In 2017, the former legislator, together with former Rep. Garry Alejano (Magdalo Partylist), filed a supplemental complaint against Duterte at the International Criminal Court.

It could also be recalled that the former lawmaker filed a plunder complaint against Duterte months after the 2016 presidential elections for alleged undeclared wealth.