
(Eagle News) – Presidential Spokesperson Harry Roque said that there is no “double jeopardy” yet on the criminal case of coup d’etat previously filed against senator Antonio Trillanes since the hearing had not yet reached trial on its merits, and was dismissed because of the grant of amnesty in 2010.
Roque, a former human rights lawyer, also claimed that the grant of amnesty by former President Benigno Aquino III to Trillanes was just “political accommodation” and what the present administration is doing was to implement the law.
-Amnesty as “political accommodation” –
“I think it was the political accommodation on the part of the previous administration,” he said.
“We are saying he was given amnesty by President Aquino because of politics and the declaration of void ab initio is based on law and on facts,” he said.
“Let say that the amnesty granted to him was political; he was friendly with the previous administration that is why he was granted amnesty, without compliance with the requirements set by law,” Roque explained.
Roque claimed that the case against Trillanes “will have to be revived” in due time.
“In due course, because the case will have to be revived. There is no double jeopardy, dahil wala pa naman trial on the merits and there was no decision on guilt or innocence. So, the information has to be re-filed and the whole thing has to proceed again. There has to be a determination na tuloy na naman ang kaso and a warrant of arrest will have to be issued again by a court,” he explained.
-Official records-
Reacting to reports that that there was a video showing that Trillanes had applied for amnesty and made a personal appearance during his application for amnesty, Roque said they are merely relying on “official records.”
“Hindi ko po alam iyan, basta we are relying on official records and there is no substitute for that. And importante rin iyong pag-amin ha. I think—until now, hindi naman aamin talaga si Senator Trillanes na may ginawa siyang paglabag sa batas,” he said.
He added that there was “no available copy” of Trillanes’ application for amnesty in the records.
“Meron pong certification si Lt. Col. Andrade, Chief Discipline Law and Order Division of the Office of the Deputy Chief of Staff for Personnel, stating that there is no available copy of his application for amnesty in the records,” he said Tuesday.
Roque also insisted that the amnesty given to Trillanes was “void ab initio” and was never effective.
“We are not undoing. It never was effective kasi hindi naman niya kinomply iyong mga requirements, iyon po ang ibig sabihin ng void ab initio. There is nothing to undo, because hindi naman siya naging valid from the very beginning,” he added.
Trillanes had insisted that he had complied with the requirements for amnesty, and that it was valid.
He accused the Duterte administration of twisting the facts to politically “persecute” him.