Sotto: Trillanes free to leave Senate premises anytime; order preventing arrest only valid within Senate grounds

File photo. Senator Vicente Sotto III

 

(Eagle News) – Senate President Vicente “Tito” Sotto III said that the protection from arrest given to Senator Antonio Trillanes IV is only while he is inside the Senate premises, but he is free to go out if he so wishes.

At the same time, Sotto said that President Rodrigo Duterte has the prerogative to void or revoke a previous grant of amnesty.

“It is within the power of the President,” he said.

He said that the Constitution is silent on the issue on whether a sitting President can void or revoke a grant of amnesty made by the previous administration.

“Walang nakalagay sa Constitution na ganuon, even sa agreement sa treaties silent din,” he said.

Sotto said that what happened with regards to Trillanes is that he turned himself over to the office of the Senate President when news came in about the voiding of his amnesty grant.

“He has turned over his person to the Senate President,” he said.

Asked to comment on whether there is legal basis to void Trillanes’ amnesty, Sotto said, “I’d rather be neutral.”

“Who am I to judge whether there is legal basis or not. I cannot be a judge of that,” he said.

He also clarified that his order simply was that “a senator cannot be arrested within the senate premises.”

“If Senator Trillanes wants to stay within the senate premises, he can do so,” Sotto said.

But he said Trillanes can freely leave the senate premises whenever he wants.

He recalled that this was the same order applied to Senator Leila de Lima. She was only arrested when she decided to go home to get her things. It was only then that she was arrested.

Sotto said that if Trillanes decides to leave the Senate premises, then the Senate would no longer have jurisdiction over him.   The decision is up to Trillanes, he said.

He also said that the President has certain prerogatives as head of the executive department.

“May mga prerogatives ang executive. May prerogative ang legislative,” he said.

“The President is exercising his prerogative, just as we in the legislative are just exercising our prerogative.”

(Eagle News Service)