Author Topic: Sen. Trillanes' amnesty declared void  (Read 1880 times)

miggye

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Sen. Trillanes' amnesty declared void
« on: September 03, 2018, 09:03:56 PM »
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miggye

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Re: Sen. Trillanes' amnesty declared void
« Reply #1 on: September 03, 2018, 09:04:50 PM »
so what does this mean, now? how does it affect the other Oakwood Mutineers?
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adroth

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Re: Sen. Trillanes' amnesty declared void
« Reply #2 on: September 03, 2018, 10:17:51 PM »
It's in the news

Trillanes amnesty revoked; senator faces charges, arrest
ABS-CBN News
Posted at Sep 04 2018 10:26 AM | Updated as of Sep 04 2018 11:57 AM

https://news.abs-cbn.com/news/09/04/18/trillanes-amnesty-revoked-senator-faces-charges-arrest

Invictus

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Re: Sen. Trillanes' amnesty declared void
« Reply #3 on: September 03, 2018, 10:41:37 PM »
Trillanes can't invoke legislative immunity: DOJ chief
By Jelly Musico

Quote
MANILA – Department of Justice Secretary Menardo Guevarra on Tuesday said opposition Senator Antonio Trillanes cannot invoke legislative immunity after President Rodrigo Duterte moved to revoke the grant of amnesty given to him.

In an interview over CNN Philippines, Guevarra said "immunity from suit while Congress is in session pertains only to offenses where the imposable penalty does not exceed six years."

Guevarra earlier told Palace reporters that the amnesty revocation does not need concurrence of Congress because it was void ab initio.

The opposition solon, Guevarra added, also cannot appeal or file a motion for reconsideration to reverse the Chief Executive's order.

"No, because this is not a court matter. This is something that pertains to the President's power of executive clemency. As far as formal pleadings like motion for reconsideration are in court, that does not apply," he said. "Because this is not a judicial matter, this is an executive matter because it pertains to executive clemency."

He added that the revocation is final and executory for now.

Guevarra said the basis for revocation was due to Trillanes’ failure to apply for the amnesty in line with the Oakwood mutiny in 2003 and Manila Peninsula siege in 2007 that he and his fellow soldiers from Magdalo spearheaded against former President and now House Speaker Gloria Macapagal-Arroyo.

“No. 2, you have to admit what you have done and to be sorry for it. In other words, you have make to confession and admit that you are wrong, something to that effect. Everything is in there in the proclamation,” the DOJ chief said in a separate interview.

Based on the Proclamation No. 572 signed by Duterte on August 31, Trillanes has no pending application for amnesty granted to all active and former personnel of the Armed Forces of the Philippines and supporters who joined the July 27, 2003 Oakwood Mutiny, the February 2006 Marines stand-off and the November 29, 2007 Manila Peninsula incident.

When asked if arrest is forthcoming against Trillanes, Guevarra replied: “I guess since he has a pending criminal case at the Regional Trial Court”.

“I think there was an ongoing military tribunal or court martial proceedings at that time. then, I think all these will have to proceed and if taking him into custody is an automatic effect of that then so be it,” he added. (PNA)
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horge

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Re: Sen. Trillanes' amnesty declared void
« Reply #4 on: September 04, 2018, 03:58:24 AM »
If he violated the terms of amnesty, then arrest him and hang him, if that's what the law demands.
All this widely-publicized pussyfooting, telegraphing your intent, is a load of unwashed horseballs.


adroth

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Re: Sen. Trillanes' amnesty declared void
« Reply #5 on: September 04, 2018, 08:40:31 PM »
Military police in charge of Trillanes once arrested: DND spox
By Priam Nepomuceno  September 5, 2018, 10:21 am

http://www.pna.gov.ph/articles/1046986

MANILA -- Senator Antonio Trillanes IV will be immediately turned over to the military police once he is arrested following the invalidation of his amnesty, which reverted his status to an active military personnel, Department of National Defense (DND) spokesperson Arsenio Andolong said Tuesday.

"Once he is apprehended, he will be turned over to the custody of the military police kasi nga nag-revert siya sa kanyang (because he he is already reverted to) active military status. We at the DND/AFP (Armed Forces of the Philippines) are ready to accept him. Naka-ready na ang kanyang (We have prepared his) detention facility, I believe the same one where he was committed to before. but we will ensure that all of his rights are protected once he’s taken into custody," he added.

Prior to his election as senator in the 2007 polls, Trillanes was lieutenant senior grade of the Navy or equivalent to the Army rank of captain.

Based on President Rodrigo Duterte's Proclamation No. 572 signed on Aug. 31, Trillanes has no pending application for amnesty granted to all active and former personnel of the Armed Forces of the Philippines and supporters who joined the July 27, 2003 Oakwood mutiny, the February 2006 Marines stand-off and the Nov. 29, 2007 Manila Peninsula incident.

This, in effect, voided the amnesty extended to him by former President Benigno S. Aquino III through Proclamation 75 issued in November 2010.

Earlier, AFP spokesperson Col. Edgard Arevalo said the voiding of Trillanes' amnesty automatically means that the court martial proceedings against the senator will be continued.

"Remember it was just stopped because of the supervening event that is in the case of the amnesty which was given to him and which is now at issue. That’s why nahinto ang ginagawang proceedings (the proceedings were stopped). Now, na-revoke iyong amnesty (that the amnesty was revoked) ab initio, meaning from the beginning, so he will be reverted to his status as active military personnel subject to military law and military discipline. Therefore, 'yung (the) court martial will have to be reconstituted kasi yung ibang (because the other) members ng (of the) court martial have already retired in which case, the acting AFP chief-of-staff, Lt. Gen Salvador Mison. Jr (vice chief-of-staff), has already instructed the convening of a general court martial that shall be hearing the case of Lt. Trillanes," he added. (PNA)

Buster1123

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Re: Sen. Trillanes' amnesty declared void
« Reply #6 on: September 04, 2018, 09:12:18 PM »
all I can say is...LMAO  ;D

Kulas Mata

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Re: Sen. Trillanes' amnesty declared void
« Reply #7 on: September 06, 2018, 06:15:35 PM »
It could be that Volts being a true soldier himself could not swallow his CIC's wishes to grant the puchist full amnesty without even a slightest trace of remorse or that the AFP top brass would not have it without the toy soldier himself accepting full responsibility for his stunt. The AFP simply accepts the filled out form and let it sit somewhere while waiting for the other 'requirement' to follow later. This way Volts made his both his CIC and the AFP happy.

Would not be a problem for the toy soldier if the yellows continue their home-runs in the political scene...but then Duterte happens.  ;D

adroth

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Re: Sen. Trillanes' amnesty declared void
« Reply #8 on: September 06, 2018, 09:21:52 PM »
Army sources bare massive corruption in AFP modernization plan — Trillanes
By: Cathrine Gonzales - Reporter / @cgonzalesINQ
INQUIRER.net / 11:38 AM September 07, 2018

Senator Antonio Trillanes IV said his sources from the Army have been visiting him at his Senate office and are revealing alleged acts of corruption being committed in the AFP’s modernization program that cost the government at least billions of pesos.

“Maraming binibigay sila na information regarding corruption sa modernization sa AFP,” Trillanes said in a press briefing on Friday.

< Edited >

Read more: http://newsinfo.inquirer.net/1029463/army-sources-bare-massive-corruption-in-afp-modernization-plan-trillanes#ixzz5QO1y812Q
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

adroth

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Re: Sen. Trillanes' amnesty declared void
« Reply #9 on: September 08, 2018, 01:34:49 AM »
Duterte: I wouldn’t sign Trillanes proclamation without prior knowledge
Published September 8, 2018, 1:29 PM
By Argyll Cyrus Geducos

https://news.mb.com.ph/2018/09/08/duterte-i-wouldnt-sign-trillanes-proclamation-without-prior-knowledge/

AMMAN, Hashemite Kingdom of Jordan — President Duterte said that he would not have signed Proclamation no. 572 if he did not know that Senator Antonio Trillanes IV’s amnesty was faulty in the first place.

Duterte made the statement during his arrival speech in Davao City after his visit to Israel and Jordan the past week.

In his speech, Duterte said it was Solicitor General Jose Calida who dug up information about Trillanes’ amnesty, the same way he did with the quo warranto case against former Chief Justice Maria Lourdes Sereno.

“‘Pag sinabi ng SolGen may mali (If the SolGen said that something is wrong) and this has to be corrected, I cannot refuse. He is the government lawyer,” he said Saturday morning in Davao City.

“I cannot insist, lalo na in view of the fact that it was already recorded as a public paper. So kung ano sinabi niya doon, ‘yun ang paniwalaan ko (So I believe whatever he said),” he added.

According to Duterte, he also already knew that Trillanes’s amnesty was faulty even before Calida started digging up. He said he got the information from the military.

“Ito noon pa pero alam ko (I’ve known this for quite some time). I just don’t want to rattle the boat. Magkaibigan kaming lahat, eh (We are all friends here),” he said.

“Nalaman ko ‘yun kasi malapit din naman ako sa military. Hindi lang sila (I learned of that information because I’m also close to the military like them),” he added.

Wait for the courts

Duterte said that he will allow the courts to decide on whether or not his proclamation is unconstitutional. He also said that he would not anymore pursue a court-martial against Trillanes as no one will believe it.

< Edited >

adroth

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Re: Sen. Trillanes' amnesty declared void
« Reply #10 on: September 16, 2018, 10:55:10 PM »
SC denies Trillanes plea for preliminary injunction
ABS-CBN News
Posted at Sep 11 2018 01:08 PM | Updated as of Sep 11 2018 02:29 PM

https://news.abs-cbn.com/news/09/11/18/sc-denies-trillanes-plea-for-preliminary-injunction

MANILA -- (UPDATE) The Supreme Court on Tuesday denied Senator Antonio Trillanes IV's petition for an injunction against the withdrawal of his amnesty over 2 failed uprisings, its spokesman said Tuesday.

The high tribunal said the Makati City court that heard Trillanes' case should decide on the legality of President Rodrigo Duterte's proclamation that voided his amnesty, said court spokeswoman Gleo Guerra.

"Only a trial court, and in certain cases, the Court of Appeals, are triers of facts. Hence, it is appropriate that the Makati RTC's should be given leeway in exercising their concurrent jurisdictions the motions filed by the parties as regards to Proclamation 572," Guerra said.

< Edited >


=====



Gazmin’s approval voids Trillanes’ amnesty: Panelo
By Jelly Musico September 10, 2018, 10:23 pm

http://www.pna.gov.ph/articles/1047538

MANILA – The amnesty granted to Senator Antonio Trillanes IV was invalid from the start since it was signed by former Defense Secretary Voltaire Gazmin and not by former president Benigno Aquino III, Chief Presidential Legal Counsel Salvador Panelo said on Monday.

Panelo said he saw a document addressed to Aquino which showed that Gazmin has been given authority to approve and grant the amnesty to Trillanes.

“You know, under the Constitution, the power to grant amnesty as well as pardon is exclusive to the President, you cannot delegate that power to any alter ego. So that makes the grant amnesty void from the very beginning,” Panelo said in an interview with a cable television.

If Gazmin was claiming he was just executing the amnesty Proclamation 75 signed by Aquino, Panelo said the former president should have a separate document granting the applicants the grant of amnesty.

“I haven’t seen that. Unless you can show me that, then, it will be valid,” Panelo said.

Panelo said Gazmin has violated "usurpation of authority" if the documents will indeed show that he, instead of Aquino, who granted amnesty to Trillanes.

When asked if government will file a case against Gazmin, Panelo said, “if that are facts, then it should done”.

On Aug. 31, President Rodrigo Duterte signed Proclamation 572, declaring void ab initio (from the beginning) the amnesty granted to Trillanes for failure to “comply with minimum requirements to qualify under the Amnesty Proclamation”.

The Office of the Solicitor General discovered that Trillanes has no duly received application form where he should have expressly admitted his guilt for leading the Oakwood Mutiny in 2003 and Manila Peninsula in 2007 against former president Gloria Macapagal-Arroyo.

“The theory of SolGen is that there is no compliance of the mandatory requirements,” Panelo said.

Panelo said if Trillanes has indeed a duly received application form, the senator should have included it his petition to the Supreme Court, questioning the validity of Duterte’s proclamation.

Panelo added that Trillanes’ "subsequent acts” like seditious words against the Duterte government is another ground to declare the senator’s amnesty void ab initio.

“So those applicants pleaded to the government to forgive them and admit guilt. Hence, if you are an applicant and your intention really is to apply and ask forgiveness, subsequent to the grant, you would be exercising the obligations as well as the rights of a good a citizen. But what did Trillanes do? After being granted the same, he committed acts inimical to the state,” Panelo said.

“He has been committing sedition — he has been uttering seditious words against this government, against the President. He has been accusing this government as well as Mr. Duterte as the one’s initiating killing, extrajudicial killings,” Panelo added. (PNA)
« Last Edit: October 16, 2018, 09:10:25 PM by adroth »

adroth

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Re: Sen. Trillanes' amnesty declared void
« Reply #11 on: October 02, 2018, 01:53:10 AM »
AFP chief confirms Trillanes applied for amnesty
ABS-CBN News

Posted at Oct 02 2018 11:53 AM | Updated as of Oct 02 2018 12:50 PM

https://news.abs-cbn.com/news/10/02/18/afp-chief-confirms-trillanes-applied-for-amnesty

MANILA - (UPDATE) Senator Antonio Trillanes IV applied for an amnesty, the Armed Forces chief said Tuesday, contradicting a proclamation by President Rodrigo Duterte.

During the budget hearing at the Senate, Trillanes confronted AFP Chief of Staff Carlito Galvez Jr. and asked him to clarify the issue about his amnesty. Galvez confirmed that Col. Josefa Berbigal, former head of the amnesty committee secretariat, administered Trillanes' oath and the documents were not in their repository because of some lapses.

"There were some lapses na hindi naibaba 'yung documents sa J1, which was the repository of documents kasama 'yung oath. 'Yung ano namin, 'yung papers were not brought down," he said.

"So nag-apply ako, sir?" Trillanes asked.

"According to Berbigal, sir, yes," the AFP chief answered.

President Duterte signed a proclamation last August that voids Trillanes' amnesty based on two reasons: His alleged failure to apply for the amnesty and his alleged non-admission of guilt.

Duterte cited as evidence a certification from Lt. Col. Thea Joan Andrade from the Office of the Deputy Chief of Staff for Personnel (J1) stating that "there is no available copy of his application for amnesty in the records."

Duterte's chief legal counsel Salvador Panelo meanwhile insisted that applying for amnesty is different from meeting the requirements for an amnesty grant.

He added that despite Galvez's remarks, the burden of proving the application for amnesty still relies on Trillanes.

"That will not erase the fact that as far as the records are concerned, there is none," Panelo told ANC Tuesday.

< Edited >

adroth

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Re: Sen. Trillanes' amnesty declared void
« Reply #12 on: October 16, 2018, 06:00:15 PM »
Trillanes arrest warrant submitted for court's resolution
By Benjamin Pulta October 12, 2018, 4:46 pm

http://www.pna.gov.ph/articles/1050852

MANILA -- The Makati court hearing the coup d'etat charges against Senator Antonio Trillanes IV said that the government's motion for the issuance of an arrest warrant and hold departure order against the lawmaker is "considered now submitted for resolution."

In his resolution, Makati regional trial court Branch 148 Judge Andres Soriano also ruled that it "noted" the objections made by prosecutors on the documentary evidence submitted by Trillanes' counsels "without prejudice to the determination of the probative value of said exhibits".

The court ruled to deny outright the admission of two exhibits marked "9" and "12", which are printouts of the Facebook page of the Department of National Defense and printouts of 'throwback' photographs of Trillanes. "The court notes the same and hereby denies admission of the said exhibits considering that it was never presented and identified any defense witness in court, nor did they form part of the official records of the court," it said.

Meantime, Judge Elmo Alameda of the Makati Regional Trial Court Branch 150 hearing the rebellion charges against the lawmaker said it is giving Trillanes' lawyer, Reynaldo Robles, five days to file a reply to the prosecution's opposition to the motion for reconsideration filed by the defense on the issuance of the arrest warrant against the lawmaker in that case.

In a 10-page comment to the Makati RTC Branch 148, the Department of Justice (DOJ) prosecution panel, led by Senior Deputy State Prosecutor Richard Anthony Fadullon, earlier filed its objection to the documentary exhibits of Trillanes.

Among the challenged documents was the original copy of the affidavit of Lt. Col. Josefa C. Berbigal of the Judge Advocate General Services of the Armed Forces of the Philippines dated Sept. 20, 2018.

The prosecution panel said they object to the purpose of the document because "Col. Berbigal failed to substantiate during her testimony on Oct. 5, 2018 her statements in her affidavit that accused Trillanes admitted his guilt to the offenses subject of the amnesty."

"Instead during her cross examination, she testified that accused Trillanes only admitted guilt to the incidents but not the offenses for which he is being charged," the prosecution noted, adding that Berbigal's statement that the application for amnesty was in order, complete and in compliance with all the requirements of Proclamation No. 75 is "misleading."

The prosecution added that during her testimony, Berbigal could not confirm this allegation by presenting the original, duplicate or photocopy of the application.

The prosecution added that she has no authority to conclude that Trillanes complied with all the requirements of Proclamation No. 75, adding that as mere head of the secretariat, she is not the approving authority to determine who among the applicants are qualified.

The DOJ added that Berbigal had "no authority to administer oath to accused Trillanes because Department of National Defense (DND) Department Order No. 323 specifically provides for a notary public to be assigned at the secretariat who will duly administer the oath of the amnesty applicants.”

They further objected to the testimony of former DND undersecretary Honorio S. Azcueta, noting that the latter "failed to substantiate his claim that he caused the strict compliance with all the requirements set forth by Proclamation No. 75 and DND Circular No. 1."

The panel also objected to the affidavit of Dominador E. Rull Jr., citing that "it is self-serving and contains baseless and biased statements, the witness being the executive assistant of accused Trillanes," and had "no authority to determine whether the alleged application form was properly filled up by accused Trillanes."

Likewise, objected to by the prosecution was the affidavit of Emmanuel C. Tirador, a co-accused of Trillanes in the case.

The DOJ also opposed Trillanes' counsels' presentation of a blank application form for amnesty, citing that "a mere blank application form cannot prove the existence of a duly filled up application form."

The form, the prosecution said, "cannot prove admission of guilt by the accused Trillanes… because the same document requires the submission or attachment of a separate narration of facts of his involvement/participation in the offenses by which he is charged." (PNA)