MANILA – Former President Rodrigo Duterte’s revocation of the amnesty granted to former senator Antonio Trillanes IV was unconstitutional, the Supreme Court (SC) has said.
Associate Justice Maria Filomena Singh, who penned the en banc decision, stated that Trillanes’ amnesty was valid, while Duterte’s Proclamation No. 527 to revoke it was not valid.
Singh said the SC 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.
“A President cannot revoke the grant of amnesty without concurrence from Congress,” Singh said. “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.”
“Further, Proclamation No. 572, in seeking the revival of the criminal cases against Trillanes after they had been dismissed with finality, violated his constitutional rights against ex post facto laws and double jeopardy,” she added.
“The Court found that there is convincing evidence that Trillanes did file his amnesty application. The Executive’s decision to revoke only Trillanes’ amnesty, notwithstanding the fact that the application forms of all the other amnesty grantees could similarly no longer be located, constituted a breach of his right to the equal protection of the laws,” she further said.
A proclamation dated August 31, 2018 signed by then Executive Secretary Salvador Medialdea for then President Duterte stated that Trillanes did not file an official amnesty application form and never expressed guilt for the 2003 Oakwood mutiny and the 2007 Peninsula Manila Hotel siege.
The amnesty was granted in 2010 by then President Benigno Aquino III to Trillanes and other soldiers who joined the Oakwood mutiny, the Peninsula Manila Hotel siege and the 2006 failed coup attempt and standoff at the Philippine Marines Headquarters.
“The Executive’s decision to revoke only Trillanes’ amnesty, notwithstanding the fact that the application forms of all the other amnesty grantees could similarly no longer be located, constituted a breach of his right to the equal protection of the laws,” the SC said.
“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,” it added.
In a social media post on Thursday, Trillanes thanked SC for its verdict while he blasted Duterte, Medialdea, then Justice secretary Menardo Guevarra, and then Solicitor General Jose Calida for the amnesty revocation.
“Maraming salamat po sa Supreme Court sa pagbasura ng Amnesty revocation ni Duterte noong 2018,” Trillanes said in a tweet on X.
“Sa kagustuhang patahimikin at ipakulong ang mga myembro ng oposisyon, sina Duterte, Medialdea, Guevarra at Calida ay gumawa ng pag-abuso ng kapangyarihan at sukdulang katangahan,” he added./PN
