Duterte revocation of Trillanes amnesty unconstitutional – SC

MANILA, Philippines —  The Supreme Court (SC) has voided an order issued by former president Rodrigo Duterte revoking the amnesty granted to former senator Antonio Trillanes IV.

The high tribunal said the revocation of Trillanes’ amnesty was unconstitutional as it was not concurred in by Congress.

Trillanes thanked the high court for upholding his amnesty from a rebellion case, which Duterte sought to revive.

He accused Duterte of abusing his powers and weaponizing the law against the opposition when he was president from 2016 to mid-2022.

“In his desire to silence and jail members of the opposition, Duterte and his men committed abuse of power and extreme stupidity,” Trillanes said in a post on X, formerly Twitter.

The SC public information office said that in an en banc session on Wednesday, the magistrates ruled that a president could not revoke a grant of amnesty without concurrence from Congress.

The high court said Proclamation 527, issued by Duterte, violated Trillanes’ constitutional right to due process, noting the revocation order was issued long after the former senator’s amnesty had become final.

The order also violated Trillanes’ constitutional rights against ex post facto laws and double jeopardy when it sought to revive the criminal cases against him after these had been dismissed with finality, the Court added.

There was also “convincing evidence” showing Trillanes did file his amnesty application.

“The Executive’s decision to revoke only Trillanes’ amnesty, notwithstanding the fact that the application forms of all other amnesty grantees could similarly no longer be located, constituted a  breach of his right to the equal protection of the law,” a summary of the decision released by the SC public information office read.

It said the SC ruling affirms that in balancing the exercise of presidential prerogatives and the protection of the rights of the citizens, the Constitution and the laws remain as the anchor and rudder of the high tribunal.

In September 2018, Duterte revoked Trillanes’ amnesty, saying the former senator did not comply with the minimum requirements to qualify in the amnesty program.

Duterte ordered the Department of Justice and the Armed Forces of the Philippines (AFP) “to pursue all criminal and administrative cases” against Trillanes in relation to the Oakwood mutiny and the Manila Peninsula siege, which happened in 2003 and 2007, respectively.

Duterte also ordered the Philippine National Police and the AFP “to employ all lawful means to apprehend” Trillanes, and recommit him to his previous detention facility, the PNP Custodial Center.

In October 2010, the late president Benigno Simeon Aquino III signed a general amnesty proclamation for mutineers involved in the Oakwood and Manila Peninsula siege against the administration of Aquino’s predecessor Gloria Macapagal Arroyo.

Trillanes, who was a senator at the time of the general amnesty proclamation, formally applied for the program in January 2011, which was within the application period.

He was included in the list of officers and soldiers officially granted amnesty on the same month.

Trillanes was one of the most vocal critics of Duterte. Before the 2016 presidential elections, he filed a plunder complaint against Duterte for alleged undeclared wealth.

Trillanes also repeatedly questioned Duterte’s policies, especially his bloody anti-drug campaign. – Marc Jayson Cayabyab