DOJ asks court to remain firm in upholding proclamation 572

Published November 14, 2018, 3:38 PM

by Patrick Garcia

 

By Jeffrey Damicog

The Department of Justice (DOJ) has asked a Makati City court to remain firm in upholding the lawfulness of the presidential proclamation which voided the amnesty given to Senator Antonio Trillanes IV.

(MANILA BULLETIN)
(MANILA BULLETIN)

In a six-page comment, the DOJ, through its prosecutors, asked Makati City Judge Andres Soriano of Regional Trial Court (RTC) Branch 148, to turn down the motion for partial reconsideration of Trillanes.

The motion for partial reconsideration sought the reversal of the Oct. 22 order of Soriano which found President Rodrigo Duterte’s Proclamation No. 572 as valid.

However, the same Oct. 22 order also denied the DOJ’s motion seeking the issuance of a warrant of arrest and hold departure order (HDO) against Trillanes.

“The revocation of the grant of amnesty to accused Trillanes through Proclamation No. 572, series of 2018 is a valid exercise of his executive power,” said the DOJ which pointed out.

Though the Constitution states the President requires the concurrence of Congress in granting amnesty, the DOJ explained “there is no provision requiring for the concurrence of the Congress in cases of revocation of the grant of the amnesty.”

“It is within the power and responsibility of the President to rectify, through a subsequent proclamation, the erroneous inclusion of accused Trillanes as one of those qualified for amnesty despite his non-compliance with the minimum requirements thereof,” the DOJ stated

Proclamation No. 572, which was published in a newspaper last Sept. 4, declared as “void ab initio” or void from the start the amnesty given to Trillanes concerning his participation in the 2003 Oakwood mutiny and 2007 Manila Peninsula siege.

The presidential proclamation indicated that the amnesty became void after Trillanes failed to comply with the requirements including the filing of his application and his admission of guilt.

In the same pleading, the DOJ also appealed to Soriano to reverse his Oct. 22 order and allow the issuance of a warrant of arrest and HDO against Trillanes.

Makati RTC Branch 148 is handling the coup d’etat case against Trillanes concerning the Oakwood mutiny.

 
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