(Eagle News) — The camp of Senator Antonio Trillanes IV on Thursday, Sept. 6, asked the Supreme Court to nullify the proclamation that declared the amnesty granted to him as void ab initio, and to restrain authorities from arresting him and pursuing cases against him over the Oakwood mutiny and Peninsula Manila siege.
“We are banking on the legal issues we have raised. Pinopoint out namin na walang kapangyarihan ang presidente na magwithdraw ng amnesty..,” said Trillanes’ lawyer Rey Robles, who was among those who personally went to the Supreme Court to file the petition for certiorari, prohibition and injunction on Proclamation No. 572 signed by President Rodrigo Duterte.
The petition named as respondents Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, Department of the Interior and Local Government officer in charge Eduardo Año, Justice Secretary Menardo Guevarra, Armed Forces of the Philippines Chief of Staff Lt. General Carlito Galvez Jr., and Philippine National Police Chief Oscar Albayalde.
In his prayer, Trillanes, through his lawyers, asked the SC to issue a writ preliminary injunction and/or temporary restraining order “enjoining, prohibiting and restraining the respondents and/or any and all persons acting in their behalf and/or under their orders from implementing (Presidential) Proclamation No. 572” pending action on the proclamation itself.
Through Proclamation No. 572, Duterte ordered the Department of Justice and the court martial of the AFP to “pursue all criminal and administrative cases” against Trillanes in connection with the Oakwood mutiny and the Peninsula Manila siege in 2003 and 2007, respectively; and the AFP and the PNP to “employ all lawful means to apprehend” Trillanes so he can be “recommitted to the detention facility where he had been incarcerated for him to stand trial for the crimes he has been charged with.”
In an interview, Robles said they were questioning the authorities’ attempt to arrest Trillanes “without a warrant,” noting that the coup d’etat case against the senator had already been dismissed in Sept. 2011.
The Department of Justice’s contention, however, is that Trillanes was still facing the same case as the dismissal of the Makati Regional Trial Court Branch 148 of that case was “anchored on” the amnesty granted to the senator.
The amnesty, the DOJ said, was already “void ab initio” based on Presidential Proclamation No. 572.
“Nullify Presidential Proclamation No. 572”
In asking the SC to “nullify” and declare as void Presidential Proclamation No. 572 after the conduct of hearings, and to later make the injunction permanent, Trillanes assailed the bases for the proclamation’s declaration the amnesty granted to him was void ab initio—a certification from the AFP that said that Trillanes did not file an official application form for amnesty and that a copy of the form was not available, and the statement that Trillanes did not make an express admission of guilt for the Oakwood mutiny and the Peninsula Manila siege.
According to Trillanes, he complied with these minimum requirements, based on “official documents” released by the DND itself.
He said he made an express admission of guilt in the application for amnesty, which he supposedly filled out.
“All of the foregoing should clearly show and illustrate to the honorable court that in fact, Proclamation No. 572 Series 2018 is nothing but a cheap political stunt designed to harass, prejudice and punish a political opponent of the administration,” he said.
Robles said they would also file a reply before Branch 148, in compliance with the court’s order for Trillanes’ camp to comment on the DOJ’s request for an alias warrant and a hold departure order against the senator. With a report from Moira Encina