Senator Antonio Trillanes IV told reporters on Tuesday he has instructed his lawyers to study ways “to void this stupid executive order” of President Rodrigo Duterte revoking his amnesty for a failed coup attempt over a decade ago, adding it “has no basis whatsoever.”
“This is a clear case of political persecution, but I will not cower. There’s a time for reckoning for you and your minions,” he added in a written statement.
The political opposition also chimed in, with Vice President Leni Robredo saying Duterte just wanted to silence his detractors and to hide the problems besetting the country.
“There must be no politics here at the time when our fellow countrymen are faced with so many problems, such as hunger, poverty and lack of employment. As elected public officials, we are given the trust and authority to look for solutions, instead of pushing for our personal interests,” she said.
“We call on the [Duterte] administration to recognize the amnesty granted to Senator Trillanes and stop wasting the [people’s] money and time on feuds,” Robredo added.
Trillanes said Duterte and his allies were making themselves look stupid simply to get rid of him, and dismissed their claim that he had not complied with the requirements of his amnesty.
“This is a big stupidity. I would not be given amnesty if I did not comply with the requirements. I vowed before former [Defense] Secretary Voltaire Gazmin and defense officials can attest to this, so absolutely, these were all complied in the cases in civilian courts,” Trillanes told reporters in an interview as he demanded the basis for his arrest.
During the session, Trillanes delivered a privilege speech blasting the cancellation of his amnesty.
Trillanes presented a video showing that he filed his amnesty application and media interviews wherein he admitted that he, along with other Magdalo soldiers, “broke the rules in pursuit of moral cause.”
“It is clear from the video that I swore under oath in this application, admitted being guilty based on the application form provided by the Department of National Defense [DND],” said Trillanes as he emphasized that his amnesty certification passed through a process.
He said a 15-day period was given for any oppositor to file a motion for reconsideration. Since no objection was made, he said, the grant of amnesty is final.
He further showed a copy of court ruling from the regional trial court where his rebellion charge was dismissed. He said his criminal charge for coup d’etat was also thrown out by the court.
He reiterated his question involving the basis for his arrest. He also argued there can be no lawful arrest as indicated by the President to the PNP and Armed Forces of the Philippines due to the absence of an arrest warrant.
“What crime? What court? This is the biggest stupidity he [President] did for this day,” Trillanes said.
He also thanked the Senate leadership under Senate President Vicente Sotto III and his colleagues for expressing their concern in his case. “We will be stronger if we unite,” he said.
But Trillanes said he applied for amnesty and complied with all the requirements.
Trillanes blamed Solicitor General Jose Calida for the move to revoke his amnesty, saying he wanted to stop a Senate investigation into lucrative government deals that his security firm had bagged.
He branded Duterte a coward for letting Calida do his dirty work.
Senate President Pro Tempore Ralph Recto also said Trillanes IV was granted amnesty, not by one person but by the 11,189,671 people who voted for him.
Recto said Trillanes should be granted every opportunity to challenge the revocation of the amnesty in complete freedom.
“Senator Trillanes attracts controversy when he dabbles in politics. But what is not well known is his immense contribution in policymaking, which he conducts without fanfare,” said Recto.
Senate President Vicente Sotto III said he decided to take Trillanes into custody to preserve the dignity of the Senate.
“I have consulted with some members of the Senate already, to preserve the dignity of the Senate, we have to not allow any senator to be arrested in the Senate premises. Outside the Senate premises, that’s no longer our concern but within the Senate premises that’s the decision of the leadership,” Sotto said.
He confirmed that Trillanes may stay at the Senate but the senators would hold a caucus to discuss certain limitations.
He said he expected the Philippine National Police to respect the Senate as an institution.
Senate Minority Leader Franklin Drilon contended that there is no legal basis in Duterte’s proclamation to revoke the amnesty granted to Trillanes.
He said an application was made and completed by Trillanes, citing the dismissal of criminal cases charged against him by a regional trial court.
“The court must have found the application and grant of amnesty valid; otherwise, the cases would not have been dismissed. Second point, we must adhere to the presumption of regularity in the performance of duty by the court. Absent any clear and convincing evidence that the court did not properly perform its duties, or that the court was ill-motivated, we have to presume that the court examined closely the motion to dismiss on the ground that there was a grant of amnesty,” said Drilon.
Former solicitor general Florin Hilbay said Duterte could not take a unilateral act of voiding an amnesty granted by his predecessor, a decision that also went through appropriate proceedings in the military.
“The important point here is that once the amnesty is given and accepted, succeeding administrations such as the present administration can no longer nullify that without any court judgment,” Hilbay said, in an interview over television news channel ANC.
He said voiding such a contract required a separate court action and could not be done just by a unilateral executive act.
“Given that it has already been accepted [by Trillanes], that amnesty is already final. You need a separate judicial declaration of nullity of that amnesty for it to be really nullified. Otherwise, the President cannot on his own unilaterally withdraw or declare as null and void the amnesty,” Hilbay said.
Lawyer Tony La Viña shared the view of the former solicitor general, saying no incumbent could reverse the previous administration’s grant of amnesty, a political act.
“What is important is [Former Defense] Secretary [Voltaire] Gazmin, the board and military and President Aquino did their job and granted that amnesty. You do not question that ever,” La Viña said.
“It’s unfortunate not just for the legal aspect but also for the policy aspect…. It’s unfortunate and it has an impact for the future because we’re always negotiating this amnesty in all our political settlements, and now you’re basically saying we open everything every time we don’t like what you say,” he said.
“People that are negotiating with us, the MILF [Moro Islamic Liberation Front] amnesties, they have to have second thoughts whether they will accept an amnesty or not if it can be changed anytime,” he added.
In the House, Albay Rep. Edcel Lagman said: “the revocation by President Duterte of the amnesty granted to Trillanes has no legal and factual basis.”
“Moreover, since a presidential declaration of amnesty needs the concurrence of the majority of all the members of both the House and the Senate pursuant to Section 19 of Article VII of the Constitution, any revocation, if at all allowable, needs the same congressional concurrence,” said Lagman.
“Amnesty, which obliterates past offenses, is final, absolute, and irrevocable, unlike a presidential conditional pardon. Alleged present transgressions of a grantee are immaterial and do not militate against the grant of amnesty,” Lagman added.
The National Union of People’s Lawyers said the President was “reinventing or redefining the law” to suit his political agenda.
“‘Toe the line or get out of the way’ is the unmistakable message. Who’s next on the chopping block? Duterte and his strongman state can practically do anything,” said Edre Polalia of the NUPL.
Lawyer Gilbert Andres, of the Center for International Law, said Trillanes cannot be arrested without a warrant issued by a court.
“The question we need to ask is, ‘Is there a standing warrant of arrest vs. Senator Trillanes?’ If there is none, then the President cannot order his arrest. It is only our courts which can order that through a warrant of arrest,” Andres said. With AFP