Justice department insists revoking Trillanes amnesty is legal

September 4, 2018

The Department of Justice on Tuesday defended the legality of President Rodrigo Duterte’s issuance of Proclamation 572 revoking the grant of amnesty to Senator Antonio Trillanes IV for being void from the beginning for his failure to comply with “minimum requirements to qualify under the Amnesty Proclamation.”

Justice Secretary Menardo Guevarra, Officer-In-Charge  during Duterte’s official visit to Israel and Jordan from September 2 to 9, stressed that Duterte can revoke the amnesty proclamation granted to Trillanes, particularly after a review showed the senator failed to apply for amnesty and his refusal to admit guilt.

Guevarra said the amnesty granted to Trillanes by former President Benigno Aquino III was “void ab initio”.

Guevarra noted that the text states it has nullified the amnesty, rendering it void from the time it was issued.

"While the title indicates a revocation, the contents of the proclamation would show that it actually nullified or void ab initio the amnesty as if it never existed. This was set aside as if it never existed. It's a declaration that it was void from the moment it was issued," Guevarra said, in a media briefing.

Guevarra stressed that Trillanes failed to comply with two requirements for an amnesty: a formal application under oath and admission of guilt.

Guevarra said the burden of proving that lies on the senator.

Trillanes is facing coup d’état charges for the failed power grab in 2003 and 2007, during the administration of then President and now House Speaker Gloria Macapagal-Arroyo.

"Let him just show it. What we're saying is the requirement of an application under oath does not exist in the records and there are no records either of his admission of guilt on his part for the charges filed against him," Guevarra stressed.

Guevarra aid Proclamation 572 also ordered the Armed Forces of the Philippines and the Philippine National Police, to arrest Trillanes.

Guevarra said Trillanes cannot invoke legislative immunity because this immunity only covers offenses that are punishable by imprisonment of not more than 6 years. Involvement in coup d' etat carries a longer prison term.

"Why the AFP? Because apart from the criminal complaint pending before a Makati trial court, there are also court martial proceedings ongoing on the matter," he pointed out.

Guevarra said review of the amnesty given to Trillanes "has been there for quite some time" but he could not tell what prompted the review. DMS