MANILA -- Malacañang said Tuesday President Rodrigo Duterte has shown maximum tolerance in declaring "void ab initio" the amnesty granted to Senator Antonio Trillanes IV under a proclamation issued by former President Benigno Aquino III.
Presidential Spokesperson Harry Roque said the review of Trillanes’ case began two years ago, showing results that the former Navy officer did not comply with the requirements of the law granting amnesty to mutineers.
“Una po, hindi ito biglaan (First, it’s not sudden). It’s two years in the offing. There was maximum tolerance shown,” Roque said in a televised press conference in Israel.
“But when it was confirmed that there was no compliance with the requirements for the amnesty, the President has no other option but execute the laws. So trabaho lang po (He just did his job),” he added.
In Proclamation 572 he signed on Aug. 31, Duterte said the grant of amnesty to Trillanes under Aquino’s Proclamation No. 75 is declared void ab initio “because he did not comply with the minimum requirements to qualify under the Amnesty Proclamation.”
The Armed Forces of the Philippines records also showed that Trillanes did not file an application for amnesty under oath with the Department of National Defense (DND) ad hoc committee.
The proclamation also states that Trillanes “never expressed his guilt for the crimes that were committed” on occasion of the coup attempt, which “carries life imprisonment.”
Roque said “admission of guilt is very important” in granting the amnesty which, he emphasized, is just an act of beneficence on the part of the state.
“When it was confirmed that those preconditions for a legal amnesty are not present in the case of Senator Trillanes, it is the role and obligation of the Executive to declare void ab initio,” he said.
Trillanes and other former personnel of the Armed Forces of the Philippines and Philippine National Police participated in the so-called Oakwood Mutiny in 2003, the Marines stand-off in 2006, and the Manila Peninsula siege in 2007.
He was detained but granted amnesty in 2010 through Aquino’s Proclamation 75.
Roque clarified that Duterte did not undo his predecessor’s proclamation, saying “it was never effective” because Trillanes did not comply with the requirements of the law.
“There is nothing to undo because it was not valid from the very beginning,” Roque said.
“Well, let’s just say that even the previous administration should have known that an application and the admission of guilt are prerequisites for an effective amnesty,” he added.
Roque said he believes that the amnesty was given by the previous administration to Trillanes “on a silver platter.”
“Let say that the amnesty granted to him was political; he was friendly with the previous administration that is why he was granted amnesty, without compliance with the requirements set by law,” Roque explained.
Under Proclamation 572, Duterte has directed the Department of Justice and Court Martial of the Armed Forces of the Philippines to pursue all criminal and administrative cases filed against Trillanes in relation to the Oakwood and Manila Peninsula incidents.
Duterte has also ordered the military and police to employ “all lawful means” to apprehend Trillanes “so that he can be recommitted to the detention facility where he had been incarcerated, for him to stand trial for the crimes he is charged with.”
Roque said Trillanes can go to any court to contest Duterte’s proclamation, which “shall take effect immediately.”
“Of course, Senator Trillanes can go to the courts if he thinks the President has wrong appreciation on the issue that he (Trillanes) did not apply, that he did not admit, which is very clear that he did do it,” he explained.
“Senator Trillanes will have his day in court, not only to prove his innocence on the charges of coup d’état against him, but also on the revocation of the amnesty. I’m sure he will go running to court,” he added.
Roque said the defense department will also review the records of other mutineers to determine “who else did not comply.”
“Well I think, there will be a review and because this is the President, so it will be reviewed and we will find out who else would be declared void ab initio,” he said.
Roque said the Palace has nothing to worry about possible setbacks if the court will issue a warrant of arrest against Trillanes, a top critic of Duterte.
“There is nothing to prepare (for). The administration is really prepared to implement the laws. No one is above the law and just because someone became senator, cannot remove the fact that he committed serious breaches – capital offense of our penal laws,” he said.
Roque said he also sees no problem if Trillanes’ arrest could trigger rallies since Duterte has proven that he prefers maximum tolerance when it comes to freedom of expression and freedom of peaceful assembly.
Meanwhile, Chief Presidential Legal Counsel Salvador Panelo defended Duterte, saying the declaration of the grant of amnesty as void “is constitutionally allowed.”
Panelo also said the amnesty can be declared null even without the concurrence of Congress.
“Senator Trillanes has abused a grant of amnesty, albeit void, and it compels its nullification by the President – official authority who is considered by the 1987 Constitution as the grantor of executive clemencies,” Panelo said. (PNA)
