Trillanes allies want probe into ‘fraudulent, erroneous’ amnesty nullification
MANILA, Philippines — Opposition senators called on the upper chamber to investigate President Rodrigo Duterte’s Proclamation 572, which declared the amnesty given to Sen. Antonio Trillanes IV void from the beginning.
Trillanes’ allies—Sens. Franklin Drilon, Bam Aquino, Francis Pangilinan, Risa Hontiveros and Leila De Lima—on Tuesday filed Senate Resolution 887, directing a committee to look into the “fraudulent and erroneous” basis of the chief executive’s order.
The minority senators also said that Proclamation 572 is being used to “silence” Trillanes, one of the most vocal critics of the Duterte administration.
“There is an imperative need to immediately look into this matter to ensure that the administration is not using and/or abusing the awesome powers of the presidency and its control over the military and the police to instill fear among the critics of the administration,” they said.
The opposition senators said the purpose of the inquiry is to look into “possible remedial legislation to prevent and /or avert possible abuse of presidential powers in the future.”
Last week, Duterte issued Proclamation 572, which nullified the amnesty given to Trillanes by the previous administration.
The order cited the former mutineer’s failure to comply with the application requirements for amnesty as the reason for the declaration of his amnesty as void from the outset.
This claim, however, was disproved by videos and documents of Trillanes’ amnesty filing.
Malacañang on Monday claimed that the amnesty granted to Trillanes by former President Benigno “Noynoy” Aquino III was void from the very start because the document was not properly signed.
The supposed “usurpation of authority” committed by former Defense chief Voltaire Gazmin was the “additional ground” that the administration cited.
Gazmin, however, was acting upon the directive of Aquino’s Proclamation 75, which granted amnesty to active and former personnel of the police and the military who were involved in the 2003 Oakwood mutiny, 2006 Marines stand-off and 2007 Manila Peninsula siege.
Trillanes, who remains holed up in his Senate office, failed to secure immediate relief from the Supreme Court.
“Due to the issuance of said proclamation, Sen. Trillanes is effectively deprived of his liberty and is under constant threat of being arrested when in truth and in fact, there is no basis for an arrest as there is no arrest warrant and there are no cases filed against him justifying his arrest,” the opposition senators said. — Gaea Katreena Cabico
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.
- Latest
- Trending
