Palace reiterates constitutionality of Proclamation No. 572

(Eagle News)—-The Palace on Saturday, Nov. 10, reiterated Proclamation No. 572 is “by no means an intrusion or usurpation into the powers of the other independent branches of government.”

“As correctly stated by the Makati court, the President’s proclamation does not trample upon the Congressional prerogative to concur with the grant of amnesties since it is not the amnesty proclamation that was declared void, but its implementation,” Presidential Spokesperson Salvador Panelo said, referring to Branch 148 of the Makati Regional Trial Court that upheld the constitutionality of the proclamation.

According to Panelo, the President’s proclamation on the nullity of the supposed grant of amnesty to Senator Antonio Trillanes is therefore a “valid exercise of executive power as it is part of the Constitution’s mandate for the President to ensure the enforcement of all laws, including the lawful prosecution of those who violate such laws.”

As for Trillanes’ contention it is an “invasion upon the prerogative of the Judiciary,” Panelo said this was not the case “since (the proclamation) merely seeks to correct an error upon which the dismissal of the charges against Senator Trillanes was based.”

“Proclamation No. 572 cannot also be considered as a bill of attainder or an ex post facto law precisely because it is an executive exercise of power and not a legislative one,” Panelo added.

He said Trillanes  “is being given his day in court” and therefore “cannot claim any denial of his right to due process.”

He said Duterte also ordered law enforcement agencies to wait for the  warrants to be issued before arresting Trillanes, which means there is no threat of illegal arrest.

“Senator Trillanes’ continued freedom from arrest and ability to present his arguments before the court are testaments of the government’s respect for his constitutional right to due process,” he said.

“Verily, it is Senator Trillanes himself who continues to violate the very definition and concept of an amnesty and seeks to subvert it,” Panelo added.