Trillanes seeks relief from SC
Senator Antonio Trillanes IV yesterday asked the Supreme Court (SC) to nullify President Duterte’s Proclamation No. 572, which revoked his amnesty granted in 2010 and ordered his arrest and detention.
In a petition, Trillanes – who has been holed up at his Senate office – also asked the SC to issue a temporary restraining order (TRO) that would stop the implementation of the proclamation.
Trillanes said the proclamation is null and void for violations of the Constitution.
It is expected that Trillanes’ petition will be taken up by the SC in its full court session on Tuesday next week.
‘Double jeopardy’ In his SC petition, Trillanes submitted documents which, he said, would prove that he met the requirements of amnesty specifically his formal application and admission of guilt on the crimes charged against him.
Named respondents in his petition were Executive Secretary Salvador Medialdea, Defense Secretary DelfinLorenzana, Interior and Local Government Secretary Eduardo Año, DOJ Secretary Menardo Guevarra, Armed Forces of the Philippines (AFP) Chief of Staff Gen. Carlito Galvez Jr. and Philippine National Police (PNP) Chief Director Gen. Oscar Albayalde.
Trillanes said the President’s Proclamation issued on Aug. 31, 2018 violated the constitutional grant of “shared power” between the Executive and Legislative branches in issuance andwithdrawal of amnesty grant.
“The power to grant amnesty is not just the sole prerogative of the Executive. Under the Constitution, this power, to be validly exercised, requires concurrence of both Houses of Congress,” he said. He cited the provisions of Article VII, Section 19 of the 1987 Constitution.
At the same time, Trillanes said the proclamation violated the rule on double jeopardy since the cases against him had been dismissed by the Makati RTCs.
Double jeopardy is “the constitutional right of an accused (in a criminal offense) against being prosecuted for the same offense for which he has been either previously acquitted or convicted.”
He pointed out that the cases against him before Branches 148 and 150 of the Makati RTC had been “both dismissed on the basis of the amnesty granted to petitioner..., long after the petitioner was arraigned in both cases, and the same constituted the dismissal on the merits of these two cases, which have long become final and executory.”
He also told the SC that the proclamation violated the provisions against warrantless arrest and the sole authority of the court to order the arrest of a person charged with a criminal offense.
Proclamation No. 572 directed the AFP and the PNP “to employ all lawful means to apprehend former LTSG Antonio Trillanes IV 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.”
The proclamation also directed the DOJ and the courts martial of AFP “to pursue all criminal and administrative cases filed against former LTSG Antonio Trillanes IV in relation to the Oakwood Mutiny and the Manila Peninsula Incident.”
It cited Trillanes failure to apply for amnesty and to express guilt for the crimes he committed were the reasons for the revocation of the amnesty granted him in 2010.
Makati RTC hearing Earlier, the Makati City Regional Trial Court (RTC) had ordered Trillanes to answer the motion for his arrest and detention filed by the Department of Justice (DOJ).
RTC Judge Andres B. Soriano of Branch 148 also set a hearing on the motion on September 13.
Published reports stated that the case against Trillanes and other soldiers involved in the foiled Oakwood mutiny in Makati City had been dismissed in 2011 as a result of the 2010 amnesty.
Justice Secretary Menardo Guevarra said the mere fact that the Makati RTC has acted on the case of Trillanes over his involvement in the 2003 Oakwood mutiny refutes the lawmaker’s claim that it has been dismissed.
“The court has issued certain orders. The case has in fact been revived,” Guevarra told reporters.
The Makati RTC Branch 148 which is handling the coup d’etat case against Trillanes over the 2003 Oakwood mutiny has set this Sept. 13 the hearing over the Department of Justice (DOJ) motion seeking the issuance of an alias warrant of arrest and hold departure order (HDO) against the lawmaker.
The RTC also directed Trillanes to file a comment over the DOJ motion.
Trillanes has been insisting that he cannot be arrested since the cases against him at the Makati RTC has been dismissed on the basis of the amnesty granted to him in 2011 by then President Benigno “Noynoy” Aquino III.
If this is so, Guevarra advised Trillanes to tell this himself before the RTC and the SC. “The RTC has set a hearing on Sept. 13. Doon niya sabihin yan (Tell it to the RTC). He said he will go to the Supreme Court, doon niya rin sabihin yan (tell it to the SC),” the Secretary said.
‘Political harassment’
Trillanes claimed in his petition that the proclamation that voided his amnesty and ordered his arrest is a political harassment as it “singled out and specifically targeted me” in violation of his rights to due process and equal protection.