Palace: Amnesty for Trillanes, Magdalo soldiers to push through

MANILA, Philippines – The possibility of conviction notwithstanding, Malacañang is determined to push for Congress’ approval of the amnesty it extended to detained Sen. Antonio Trillanes IV, whose rebellion case in a Makati court is awaiting promulgation on Oct. 28.

In a briefing at the Palace, Presidential Spokesman Edwin Lacierda told reporters Amnesty Proclamation 50 will run its course separately from that of the indictment in the judiciary, as they will seek concurrence from the Senate and the House of Representatives.

“Well, it’s not a matter of whether it is all right with us (if they are convicted). It’s a matter of the reality that the Senate has just approved of it and we’re still waiting for the House,” he said, noting that Congress will resume regular sessions on Nov. 5.

“On the part of the Senate, it would still be brought up to the plenary. So obviously, the judgment (of the Makati court) would come first. But, nonetheless, the effect of amnesty is there. It’s total extinction of the criminal liability,” Lacierda said.

Amnesty Proclamation 50 was sent to both houses of Congress – the House and the Senate – which already has the support of 153 of the 270 congressmen, and 17 of the 22 incumbent senators, according to Lacierda.

The spokesman said they are open to a promulgation convicting Trillanes, a former colleague of Mr. Aquino in the Senate, as this would definitely be independent of Amnesty Proclamation 50.

“Once we get the concurrence of both Houses it would be effective. If convicted (by the courts) and amnesty is there, it restores their civil and political rights,” Lacierda, a lawyer by profession, stressed.

In an unprecedented move without informing state prosecutors, Mr. Aquino earlier issued a three-in-one amnesty proclamation that would absolve Trillanes and other soldiers against any liability on the three mutinies he led against former President Arroyo. 

The proclamation needs the concurrence of Congress before the Department of National Defense (DND) can start processing the application of the rebel soldiers, where a conviction with finality from a lower court is no longer needed before they can be freed.

Among the offenses, which are now cases pending in various courts, that are covered are the July 2003 Oakwood mutiny, the February 2006 Marine standoff at Fort Bonifacio and the November 2007 siege at the Manila Peninsula in Makati City.

Chief Presidential Legal Counsel Eduardo de Mesa told reporters in a briefing that Trillanes, along with the 300 others or so who may be affected with the proclamation, does not have to wait for a conviction before an amnesty can be granted.

Amnesty is a political prerogative of the President that he can grant to a class of persons whom he wants, without the need for a conviction from the courts, while his exercise of pardon requires conviction from the court, and only if it is rendered with finality.

The cases of Trillanes and other Magdalo soldiers are awaiting resolution from the courts. Mr. Aquino earlier directed Justice Secretary Leila de Lima to review the senator’s case but prosecutors told her that these cases are up for decision, which is not under the executive department.

Lacierda explained that among the “effects” of the amnesty proclamation is that it “extinguishes the criminal liability” of the mutineers, which means their cases in court will be erased once it has been given a go-signal by Congress.

The DND under Secretary Voltaire Gazmin was tasked to receive and process applications for amnesty and determine whether the applicants should be covered. “The final decisions or determination of the DND shall be appealable to the Office of the President.”

Applications, however, will only be entertained within a period of 90 days after the proclamation, upon the concurrence of both houses of Congress, has been published in two newspapers of general circulation.

Meanwhile, the camp of Trillanes and several soldiers charged in the 2007 hotel siege has asked a Makati court to defer its hearing today pending the concurrence of both chambers of Mr. Aquino’s amnesty grant. – With Aie Balagtas See