SC declares amnesty proclamation legal

MANILA, Philippines - The amended proclamation of President Aquino granting amnesty to Sen. Antonio Trillanes IV and other soldiers involved in three attempts to overthrow the previous Arroyo administration has been declared legal by the Supreme Court.

This after the High Court dismissed a petition questioning the legality of Proclamation 50, which was already amended by Proclamation 75 that was concurred in by Congress last month.

In a two-page resolution released yesterday, the High Court junked the petition filed by former Boac, Marinduque mayor Pedrito Nepomuceno on technical grounds.

The Court ruled that the six-page petition was “not in the proper form.”

It was filed last October via registered mail and did not conform to the form requirements provided under the Rules of Court — apparently not prepared by a lawyer, according to the SC.

Nepomuceno, in his petition he described as “self-explanatory,” asked the SC to nullify Proclamation 50 granting amnesty to soldiers involved in the Oakwood mutiny in July 2003, the Marine standoff in February 2006 and the Manila Peninsula siege in November 2007.

He alleged that the amnesty proclamation is “premature, without basis, and a direct contempt of court” since the cases against the mutineers are still pending in courts.

Petitioner argued that “the word amnesty means pardon and it is absurd for the President to give pardon to a person or persons who have not been found guilty of any crime.”

He said the amnesty grant “is not a ‘healthy option’ for our government as it will set a bad precedent and it is tantamount to providing built-in insulation to offenders and would be offenders and it totally disregards the very essence of justice.”

Nepomuceno believes the proclamation would develop “a tradition, a culture of contradicting our own laws among our officials tasked of enforcing the law.”

By virtue of the reworded Proclamation 75, an “ad hoc committee” at the Department of National Defense (DND) was set up to receive and process amnesty applications, as well as oppositions thereto.

Since Congress’ concurrence with Proclamation 75 last month, more than 40 officers and enlisted military and police personnel have applied for amnesty, including Trillanes.

The revised amnesty proclamation specifies that only mutineers ranked up to technical sergeant for the Armed Forces of the Philippines (AFP) and senior police officer 3 for the Philippine National Police (PNP) will be eligible for reinstatement — provided that their application for amnesty is approved.

Under the proclamation, those who would not be reinstated would be entitled to retirement and separation benefits, if qualified under existing laws and regulations at the time of their separation.

It also said that the decision of the DND to grant or deny amnesty to a soldier or enlisted personnel may also be appealed before the Office of the President.