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SolGen threatens to sue Trillanes over amnesty

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Solicitor General Jose Calida on Thursday threatened to file a libel complaint against Senator Antonio Trillanes, for accusing him of stealing his amnesty application to justify the revocation of the amnesty granted him by the Aquino administration in 2011.

The chief state lawyer said it was recorded custodian Lt. Col. Thea Joan N. Andrade, chief of the discipline, Law and Order Division of the Office of the Deputy Chief of Staff for Personnel (J1) who issued a certification that there was no available copy of Trillanes’ application for amnesty in the records.

Calida said Trillanes’ accusation has no basis because he never entered the offices of the J1 or the Personnel Division of the AFP at Camp Aguinaldo.

“Unless Mr. Trillanes expresses his sincere apology for calling me a thief, I shall be constrained to file a criminal case for libel plus damages against him,” Calida said in a statement.

Trillanes said he would not apologize to Calida.

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“He is in no position to demand anything. He knows the truth, the whole Philippines knows at this point the truth. Whatever he plans to do, I expect the worse out of him so he can do whatever he wants,” Trillanes said.

Earlier, Trillanes earlier claimed that Calida “stole” his amnesty application, citing Defense Secretary Delfin Lorenzana’s statement to the media that Calida had requested the document.

On Thursday, Calida again pointed out that the revocation of the senator’s amnesty was based on his failure to comply with the two minimum requirements: A formal application for amnesty and an admission of guilt for the crimes he committed.

“If we follow the convoluted logic of Mr. Trillanes, he’s saying that he did not commit the crimes that were covered by the amnesty. If that is what he really means, then he has no need for amnesty because when one applies for amnesty he must expressly admit his guilt to the crimes he committed,” Calida said.

Trillanes earlier asked the military why it allowed Calida to take his documents from their custody.

“I am calling on the leadership of the Armed Forces of the Philippines and the Department of National Defense, particularly AFP’s J1. They knew that I applied. They knew that I have the documents. Why did they allow Mr. Calida to take it and lose it?” the senator said.

Trillanes on Thursday met with some members of the Magdalo group that had staged two attempts to oust then President Gloria Macapagal Arroyo, GMA News reported. No details of the meeting were available, however.

Meanwhile, Senate Minority Leader Franklin Drilon on Thursday joined the call of two other senators for the Supreme Court to swifty rule on Trillanes’ petition to strike down President Rodrigo Duterte’s proclamation that revoked the senator’s amnesty.

Trillanes’ lawyer, Reynaldo Robles, said they opted to postpone the filing of a motion for reconsideration before Makati RTC Judge Elmo Alameda of Branch 150, saying “there is still no urgency to do so.”

Alameda issued a warrant of arrest against Trillanes after it ruled that the senator did not apply for an amnesty and did not admit his guilt for the crime committed in connection with the 2007 Manila Peninsula siege.

Drilon said it is the Supreme Court that can rule on this issue and it should decide on the case with urgency given its effects on the stability of our judicial system.

“We maintain that there is no basis in law and in fact for the resurrection of Trillanes cases,” Drilon said, saying that decisions in these cases had been handed down by the courts.

A former Justice secretary, Drilon said the Supreme Court, as the final arbiter of justice, should rule on the constitutionality of Duterte’s Proclamation 572 as soon as possible.

“I am confident that the Supreme Court will uphold the rule of law and decide against Proclamation 572,” Drilon added.

Proclamation 572 nullified Trillanes’ amnesty, which was granted him in 2011 by then President Benigno Aquino III.

Earlier, Senators Francis Escudero and Panfilo Lacson called on the Supreme Court to act quickly on Trillanes’ petition.

Also on Thursday, the former dean of the UP College of Law told the ANC news channel that President Duterte violated the separation of powers when he pushed for the revival of the cases against Trillanes, which were obliterated by the amnesty grant.

Speaking to ANC’s Early Edition, lawyer Pacifico Agabin said complaints filed against Trillanes were already obliterated after President Aquino granted the ex-mutineer amnesty.

“[Duterte’s] proclamation, on its face, is already considered unconstitutional. It is presumed unconstitutional because first it is a violation of the principle of powers. Here is a final decision of the court, which has been voided by a presidential proclamation, which cannot be done under the principle of separation of powers,” he said.

“The President cannot declare a judgment of the judiciary after seven years void because that would be in violation of the principle of separation of powers.

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