MANILA – President Rodrigo Duterte declared that the amnesty granted to Sen. Antonio Trillanes IV by former president Benigno Aquino III was “void ab initio,” or void from the start.
In Proclamation 572 – signed Aug. 21 and published in The Manila Times on Tuesday – Duterte claimed Trillanes, one of his fiercest critics, failed to file an Official Amnesty Application Form.
Trillanes “did not comply with the minimum requirements to qualify under the Amnesty Program,” the proclamation stated.
Trillanes was involved in three mutiny attempts during the administration of then President Gloria Macapagal-Arroyo: the Oakwood mutiny in July 2003, the Marines standoff in February 2006 and the Manila Peninsula siege in 2007.
He and other fellow Magdalo soldiers involved in the coup attempts were detained until they were given amnesty in November 2010 by then President Aquino via Proclamation 75.
‘NO GUILT’
A “political persecution” was how Trillanes described Duterte’s proclamation. He insisted that he complied with all the requirements.
“Ito ay isang malaking kalokohan. Alam niyo po hindi naman ako bibigyan ng amnesty kung hindi ako nag-comply sa mga requirements. Absolutely complied lahat iyan,” he said.
“It’s a clear case of political persecution. Wala silang mahanap na kaso sa akin kaya kailangang mag-imbento. Definitely, walang basis at all. Hindi mo pwedeng bawiin ang amnesty,” he added.
Trillanes “never expressed his guilt for the crimes that were committed” during the Oakwood mutiny and the Manila Peninsula siege, Duterte said in his proclamation.
“Despite Trillanes’ failure to apply for amnesty and refusal to admit guilt, his name was nonetheless included among those granted amnesty in 2010 and was approved by (then Defense) Secretary Voltaire Gazmin,” the proclamation read.
The Department of Justice and the court martial of the Armed Forces of the Philippines were ordered “to pursue all criminal and administrative charges and to employ all lawful means to apprehend Trillanes.”
EXECUTIVE MATTER
Justice secretary Menardo Guevarra said Trillanes may be arrested anytime, recommitted to where he was detained prior to the granting of the amnesty, and face trial at the Makati City regional trial court.
“Trillanes cannot appeal or file a motion of reconsideration to reverse since this is an executive matter, not a judicial matter,” Guevarra, who was designated the Philippine officer-in-charge while Duterte was on official trips to Jordan and Israel, told a news conference Tuesday.
“This is not a matter of political opposition but one of compliance with the law,” he added. “We’re just following the rule of law here. If something was not followed before, then the government is not barred from making a proper rectification of such mistake.”
The Justice department moved to reopen coup-related cases against Trillanes.
It filed with a Makati City regional trial court a motion for the issuance of a hold departure order and alias warrant against the senator.
Makati City RTC Branch 148 Presiding Judge Andres B. Soriano said he needs to review the 53 case records before making a decision.
CALIDA’S HANDS?
Trillanes accused Solicitor General Jose Calida of having a hand in the revocation of his amnesty. The senator was set to investigate the government lawyer over corruption allegations.
“Si Mr. Calida ang gumawa nito. Gustong-gusto ng amo niyang si Duterte. They’re trying to stop this hearing on Calida,” Trillanes said. “Hindi rumerespeto sa institusyon, ordinaryong tao pinapatay, kritiko ikukulong.”
Trillanes said he and his legal counsels will exhaust all legal remedies to counter the “bogus” and “stupid” proclamation, and he will stay in the custody of Senate President Vicente Sotto III.
“This is a warrantless arrest. Kahit sa buong mundo walang amnesty na binabawi,” Trillanes said. “Ito ay pangha-harass at pagpe-persecute ng mga miyembro ng oposisyon, ng mga nagsasabi ng katotohanan.”
Magdalo party-list’s Rep. Rodolfo Alejano, one of the soldiers involved in the 2003 Oakwood mutiny, said he is not worried about the possible voiding of his amnesty.
“If they can do that (to Trillanes), they can also do that to me,” Alejano said. “But I am not alarmed because I know that I have complied with all the necessary requirements for the amnesty program.”
One of the vocal critics of the President, Trillanes filed a plunder complaint against Duterte months before the 2016 presidential elections for alleged undeclared wealth. The Ombudsman ended its investigation into the case in November 2017.
Another senator and Duterte critic, Leila de Lima, has been arrested and detained over illegal drug-related charges.
‘CONTROVERSIAL’
Presidential Spokesman Harry Roque, meanwhile, blamed former President Aquino for the controversial amnesty.
“Importante po iyong pag-amin. Wala pong ginawang ganoon si Trillanes,” Roque said. “Ang proklamasyon ay laban lang kay Trillanes. Ang epekto nito ay mabubuhay lahat ng kasong nakabinbin laban kay Trillanes.”
Roque added: “The past has finally caught up with Senator Trillanes. He is responsible for his current state. Nasuwertehan lang niya na kakampi niya ang dating president.
“Mula pa noong in-offer ang amnesty, controversial na iyong pag-grant sa kanya. Hindi ito biglaan at ito ay two years in the offing. He can go to courts naman kung tingin niya ay mali ang appreciation ng Presidente.”
Prior to the revocation Chief Presidential Legal Adviser Salvador Panelo already floated the idea of dismissing the amnesty of Trillanes as it was being reviewed last year.
“There are some legal quarters expressing the same uncertainty or doubt on that. I’ll go over the case. Anything that is not the law can be a precedent. It is always in the context of the law,” Panelo then said./PN
