MANILA – Former senator Antonio Trillanes IV is considering legal action against former President Rodrigo Duterte, who previously revoked the amnesty given to the latter by the late President Benigno “Noynoy” Aquino III.
According to Trillanes, he is consulting his legal team on what appropriate actions to take to correct the wrongs done to him by the previous administration.
“At the appropriate time gagawa tayo ng mga hakbang para ma-correct iyong mga pagkakamali nila at masiguradong hindi ito mangyaring muli,” Trillanes said.
He added: “Pinag-aaralan ng mga abugado namin kung ano ang mga pwedeng gawin pero antayin muna naming makuha iyong desisyon para malaman namin kung ano ang appropriate counter-charges na maibibigay naming.”
In its decision dated April 3, 2024, the Supreme Court en banc stated that the constitutional rights of Trillanes to due process and against double jeopardy, among others, were violated by the revocation of his amnesty by Duterte.
“A President cannot revoke the grant of amnesty without concurrence from Congress,” Associate Justice Maria Filomena 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 Aquino 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.
“Nagpapasalamat po tayo sa ating Korte Suprema dahil itinaguyod nila kung ano ang tama at tayo rin ay masaya, at under the Marcos administration ay nagkakaroon ng democratic space at lumalakas at nagiging independent muli ang ating hudikatura,” Trillanes said./PN
