Antonio Trillanes: Criticism And Controversies

[haroots2]

Maybe this can help on the debate

 

http://www.officialgazette.gov.ph/2010/11/24/proclamation-no-75-s-2010/

 

 

MALACAÑAN PALACE
Manila

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 75

GRANTING AMNESTY TO ACTIVE AND FORMER PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES, PHILIPPINE NATIONAL POLICE AND THEIR SUPPORTERS WHO MAY HAVE COMMITTED CRIMES PUNISHABLE UNDER THE REVISED PENAL CODE, THE ARTICLES OF WAR AND OTHER LAWS IN CONNECTION WITH THE OAKWOOD MUTINY, THE MARINES STAND-OFF AND THE MANILA PENINSULA INCIDENT

 

WHEREAS, it is recognized that certain active and former personnel of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP) and their supporters have or may have committed crimes punishable under the Revised Penal Code, the Articles of War and other laws in connection with, in relation or incident to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Manila Pen Incident;

WHEREAS, there is a clamor from certain sectors of society urging the President to extend amnesty to said AFP personnel and their supporters;

WHEREAS, Section 19, Article VII of the Constitution expressly vests the President the power to grant amnesty;

WHEREAS, the grant of amnesty in favor of the said active and former personnel of the AFP and PNP and their supporters will promote an atmosphere conducive to the attainment of a just, comprehensive and enduring peace and is in line with the Government’s peace and reconciliation initiatives;

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by Section 19, Article VII of the Philippine Constitution, do hereby DECLARE and PROCLAIM:

SECTION 1. Grant of Amnesty. – Amnesty is hereby granted to all active and former personnel of the AFP and PNP as well as their supporters who have or may have committed crimes punishable under the Revised Penal Code, the Articles of War or other laws in connection with, in relation or incident to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Manila Peninsula Incident who shall apply therefor; Provided that amnesty shall not cover rape, acts of torture, crimes against chastity and other crimes committed for personal ends.

SECTION 2. Where to Apply. – The concerned AFP and PNP personnel and their supporters may apply for amnesty under this Proclamation with the ad hoc committee Department of National Defense (DND) which is hereby tasked with receiving and processing applications – including oppositions thereto, if any – for amnesty pursuant to this proclamation and determining whether the applicants are entitled to amnesty pursuant to this proclamation. The final decisions or determination of the DND shall be appealable to the Office of the President by any party to the application. The decision, however, shall be immediately executory even if appealed.

SECTION 3. Period of Application. – Applications for the grant of amnesty under this proclamation shall be filed under oath with the DND within a period of ninety (90) days following the date of the publication of this proclamation in two (2) newspapers of general circulation as concurred in by a majority of all members in Congress. The DND shall forthwith act on the same with dispatch.

SECTION 4. Effects. –

(a) Amnesty pursuant to this proclamation shall extinguish any criminal liability for acts committed in connection, incident or related to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Peninsula Manila Hotel Incident without prejudice to the grantee’s civil liability for injuries or damages caused to private persons.

( Except as provided below, the grant of amnesty shall effect the restoration of civil and political rights or entitlement of grantees that may have been suspended, lost or adversely affected by virtue of any executive, administrative or criminal action or proceedings against the grantee in connection with the subject incidents, including criminal conviction or any form, if any.

© All enlisted personnel of the Armed Forces of the Philippines with the rank of up to Technical Sergeant and personnel of the PNP with the rank of up to Senior Police Officer 3, whose applications for amnesty would be approved shall be entitled to reintegration or reinstatement, subject to existing laws and regulations. However, they shall not be entitled to back pay during the time they have been discharged or suspended from service or unable to perform their military or police duties.

(d) Commissioned and Non-commissioned officers of the AFP with the rank of Master Sergeant and personnel of the PNP with the rank of at least Senior Police Officer 4 whose application for amnesty will be approved shall not be entitled to remain in the service, reintegration or reinstatement into the service nor back pay.

(e) All AFP and PNP personnel granted amnesty who are not reintegrated or reinstated shall be entitled to retirement and separation benefits, if qualified under existing laws and regulation, as of the time separation, unless they have forfeited such retirement benefits for reasons other than the acts covered by this Proclamation. Those reintegrated or reinstated shall be entitled to their retirement and separation benefit upon their actual retirement.

SECTION 5. Repealing Clause. – This proclamation supersedes Proclamation No. 50 issued on 11 October 2010 which hereby deemed recalled.

SECTION 6. Effectivity. – This Proclamation shall take effect upon concurrence of a majority of all the Members of the Congress.

DONE in the City of Manila, 24^th day of November in the year of our Lord, Two Thousand and Ten.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary

[juan t]

This document is just a piece of paper sans the approval of the president. What I shiowed is not a correpondence letter. It is an approval of a recommendation for amnesty which only the president can sign since he is the only one who can grant it.

 

No need for the president to approve. That was the job of Gazmin and the ad hoc committee.

 

The letter you showed is clearly addressed to the president, so why should there be a need for him to sign it.

 

Your letter is irrelevant to proving whether the amnesty is valid or not. It was dated on January 25, 2011, four days after Trillanes was ALREADY GRANTED amnesty as stated on the certificate.

[will robie]

 

No need for the president to approve. That was the job of Gazmin and the ad hoc committee.

 

The letter you showed is clearly addressed to the president, so why should there be a need for him to sign it.

 

Your letter is irrelevant to proving whether the amnesty is valid or not. It was dated on January 25, 2011, four days after Trillanes was ALREADY GRANTED amnesty as stated on the certificate.

Again, it is not within the authority of Gazmin to approve. The letter I showed is Gazmin approving a recommendation which is not within his scope of powers.

 

Now, since you insist on the certificate, I've got news for you:

 

Senate certification showing it has no record of Atty. Angel, who reportedly administered oath to Sen. Trillanes for purposes of his petition vs Proclamation 572, entering its premises:

Source: ABS-CBN

 

 

https://twitter.com/InaReformina/status/1044122501410807808/photo/1

 

This utterly debunks the amnesty certificate you've shown, juan t.

Edited September 24, 2018 by will robie

[camiar]

“He openly said he doesn't have a problem with the others. It's a message to the others that they should not worry. Besides, other Oakwood Mutiny leaders like Maestrocampo, Faeldon, Gambala, etc... are all supportive of Duterte.”

 

alam naman ng mga bayarang sipsip kay Digong ang punot-dulo ng lahat ng ito...and as expected they are just rationalizing everything in Digong’s favor.

Hahahaha!

 

We know who these Maestrocampo, Faeldon, Gambala etc... are. You obviously don't.

 

Try telling them in their faces that they are "bayarang sipsip". A word of advise: Don't equate these people to who you are.

[juan t]

Again, it is not within the authority of Gazmin to approve. The letter I showed is Gazmin approving a recommendation which is not within his scope of powers.

 

 

If you insist on this opinion of yours, then so be it. Ive said my piece about that letter. I have nothing more to add.

 

 

 

Now, since you insist on the certificate, I've got news for you:

Source: ABS-CBN

 

 

This utterly debunks the amnesty certificate you've shown, juan t.

 

I dont know what you think that Senate certification is, but one thing is for sure - That document DOES NOT debunk the amnesty certificate as you claim.

[rooster69ph]

Hahahaha!

 

We know who these Maestrocampo, Faeldon, Gambala etc... are. You obviously don't.

 

Try telling them in their faces that they are "bayarang sipsip". A word of advise: Don't equate these people to who you are.

hahaha...i am not referring to those guys you mentioned as bayarang sipsip. ang layo ...

 

obviously from the way you posted after quoting my post post you are totally clueless to what i am talking about...

 

my word of advice: tumingin ka sa salami before you give your unsolicited advice

Edited September 24, 2018 by rooster69ph

[flatwall]

Trillanes is a rebel. Dpt pgdushn nya ang gnwa nyng krimen...

[daphne loves derby]

Check

 

 

[jcs1000]

barilin nya sana sarili nya para bayani din sya...

 

kaso kelangan pa rin nya explain involvement nya about Scarborough... as questioned by enrile...

[jcs1000]

issue with trillanes .. different from gambala, maestrocampo, lim... he continuously on the opposite side of the government... kontra pa rin.. so rebelde talaga sya... nangyari lang pro-aquino dahil ginamit sya at ginagamit pa rin till now...

[rooster69ph]

Ano ba yun sinampang kaso...about sa rebelliong nakaraan o rebellion laban kay duterte? While guys like faeldon have been on the side of duterte,faeldon himself was granted amnesty under the same condition as that of trililing. Can somebody now explain how can the amnesty of trililing be void while faeldon's not if we look at it with the equality of the law

[will robie]

 

 

The Constitution states that : THE PRESIDENT SHALL HAVE THE POWER TO GRANT AMNESTY.

juan t, ano kamo? Opinion yung post ko. Now that I debunked your posts, you go back to my post being an opinion when you yourself posted this. Make up your mind. Manindigan ka at huwag urong-sulong.

 

If you insist on this opinion of yours, then so be it. Ive said my piece about that letter. I have nothing more to add.

 

Read my reply above this.

Edited September 25, 2018 by will robie

[darksoulriver]

Ano ba yun sinampang kaso...about sa rebelliong nakaraan o rebellion laban kay duterte? While guys like faeldon have been on the side of duterte,faeldon himself was granted amnesty under the same condition as that of trililing. Can somebody now explain how can the amnesty of trililing be void while faeldon's not if we look at it with the equality of the law

 

uy nabuhay ka hehehe... paki basa na lng po yung pd 572 ni PDuts.

[juan t]

juan t, ano kamo? Opinion yung post ko. Now that I debunked your posts, you go back to my post being an opinion when you yourself posted this. Make up your mind. Manindigan ka at huwag urong-sulong.

Read my reply above this.

 

What was the basis for Trillanes being arrested again? Oh yeah, because he didnt show enough proof that he applied for amnesty. He didnt have any records of the application.

 

What does this have to do with the president signing the amnesty again? What was it exactly that you debunked?

Edited September 25, 2018 by juan t

[Pip0l]

Mag celebrate na lang tyo dahil parating na yung coup d'etat case which is non bailable!! Wuhoooo!

 

Isunod na sana si Fake VP!

[rooster69ph]

uy nabuhay ka hehehe... paki basa na lng po yung pd 572 ni PDuts.

i did ... even before i posted and i am asking for explanations to my query ... would you care to explain to me then???

 

don’t miss out on the “if we look at it with the equality of the law” and not by “who is the law” ... remember those who were in the position then have openly said it was valid....

 

here is also a news clippings wherin trillanes in public openly said that there was a general admission of guilt ...

 

“The application carried the following admission: “I hereby acknowledge my involvement/participation in the subject incidents constituted a violation of the 1987 Constitution, criminal laws and the Articles of War. I hereby recant my previous statements that are contrary, if any, to this express admission of involvement/participation and guilt.”

 

Read more: https://newsinfo.inquirer.net/1028280/trillanes-18-other-rebel-soldiers-applied-for-amnesty-news-clipping#ixzz5S9VL0OfV

Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

 

pero sabi ng administrasyon nawala ... este wala. galing

[will robie]

What was the basis for Trillanes being arrested again? Oh yeah, because he didnt show enough proof that he applied for amnesty. He didnt have any records of the application.

 

What does this have to do with the president signing the amnesty again? What was it exactly that you debunked?

Furrhermore, the amnesty certificate you showed is bogus. Read the news item about that that I posted.

 

Like I said and I will say it again, the president grants the amnesty, not the defense secretary. Aside from the bogus amnesty certificate you showed, the process was also flawed with Gazmin approving the recommendation for amnesty which only the president could do. Your argument regarding the bogus amnesty certificate was debunked and you telling me about a fact which you ridiculously called an opinion. The fact that Trillanes got arrested thoroughly debunks your flimsy and laughable able posts.

[juan t]

Furrhermore, the amnesty certificate you showed is bogus. Read the news item about that that I posted.

 

 

Please do not accuse me of posting bogus docs. I am not like you, my info comes from CREDIBLE sources. That amnesty certificate came from ABS-CBN. https://news.abs-cbn.com/news/09/05/18/look-amnesty-documents-of-trillanes

 

Now, regarding that news item you posted, It really takes a special kind of stupid for you not to figure out that it has NOTHING TO DO with Trillanes' amnesty documents even after I pointed it out to you already.

 

Read it again Einstein! It's about Atty Angel not logging into the Senate.

 

What does that have to do with the amnesty docs? NOTHING!!!

Edited September 26, 2018 by juan t

[juan t]

Like I said and I will say it again, the president grants the amnesty, not the defense secretary. Aside from the bogus amnesty certificate you showed, the process was also flawed with Gazmin approving the recommendation for amnesty which only the president could do. Your argument regarding the bogus amnesty certificate was debunked and you telling me about a fact which you ridiculously called an opinion. The fact that Trillanes got arrested thoroughly debunks your flimsy and laughable able posts.

 

So babalik nanaman tayo dito? Paulit-ulit nalang.

 

For the last time, Trillanes was arrested because the judge said he didnt have his APPLICATION.

 

What does this have to do with Gazmin signing the CERTIFICATE? NOTHING!!!

[daphne loves derby]

Before we fall for the lies peddled by Trillanes and the Yellow opposition, let us first understand the real issues, the Constitution and jurisprudence.

THE CRIMES:

1. Oakwood Mutiny (July 27, 2003) – a group of 321 armed soldiers led by Army Capt. Gerardo Gambala and Lt.SG Antonio Trillanes of the Navy took over the Oakwood Premier serviced apartment in Makati. The action was in protest of the alleged corruption of the Arroyo administration. The mutiny failed and soldiers surrendered within 18 hours. They were subsequently charged in a general Court Martial.

2. The Manila Peninsula Siege (November 29, 2007) - Antonio Trillanes and Brig. General Danilo Lim and 25 other members of the Magdalo group walked out of their trial for the Oakwood Mutiny and seized the Rizal Function Room of The Pen in Makati. The mutineers demanded the resignation of President Gloria Arroyo. However, after only several hours, Trillanes and the other mutineers were arrested

These are very serious crimes, Trillanes, et.al. were charged for coup d’etat. Under RA 6968 (1), any person who leads or in any manner directs or commands others to undertake a coup d’etat shall suffer the penalty of reclusion perpetua.

When Aquino assumed the Presidency in 2010, he issued Proclamation No. 75 on November 24, 2010 2 granting amnesty to active and former personnel of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP) and their supporters who may have committed crimes punishable under the revised penal code, the articles of war or other laws in connection with the Oakwood Mutiny, The Marines Standoff and the Manila Peninsula Incident.

Section 2 of Proclamation 75 (2) states that “the concerned AFP and PNP personnel and their supporters may apply for amnesty under the Proclamation with the ad hoc committee Department of National Defense (DND) which is hereby tasked with receiving and processing applications – including oppositions thereto, if any – for amnesty pursuant to this proclamation and determining whether the applicants are entitled to amnesty pursuant to this proclamation.”

Meanwhile, the constituted DND Ad Hoc Amnesty Committee in December 2010 adopted the guidelines and procedures governing the reception, processing and determination of amnesty applications.

Based on Ad Hoc Committee Circular No. 1 (3), the following are the requirements for amnesty:

1. File an application for Amnesty under oath with the DND Adhoc Committee

2. Expressly admit their guilt for the crimes committed during the Oakwood Mutiny, the Marines Stand-off and the Manila Peninsula incident

3. Should recant all previous statements inconsistent with the requirement of admission of that guilt

STRIKE 1. The DND reported that there is no existing application on file for such Amnesty submitted by Trillanes. IF THERE IS NO APPLICATION, THEN NO AMNESTY CAN BE GRANTED.

STRIKE 2. Trillanes claims he filed an application under oath before the Ad Hoc Committee. He even showed a video coverage of him filing the application and giving an official statement right after his submission of the forms. His public statement right after filing was: “I would like to qualify that we did not admit to the charge of coup d’etat or anything na finile sa amin because we believe hindi iyon ang nararapat na charge na ginawa sa amin.”

So, he may have applied, but he did not expressly admit his guilt to the crimes and did not recant all previous statements inconsistent with the requirements of admission of that guilt. HE DID NOT SATISFY THE 2nd and 3rd REQUIREMENTS, THEREFORE NO AMNESTY CAN BE GRANTED.

STRIKE 3. In January 25, 2011, Department of National Defense Secretary Voltaire Gazmin, in an FYI letter (4) to then President Aquino (‘For His Excellency’s Information), he apprised the President on the status of the granting of amnesty to military officers and enlisted men involved in the 3 events mentioned. Gazmin reported that there were 38 officers and 53 enlisted personnel who filed their applications for amnesty before the DND Ad Hoc Amnesty Committee and after careful review and deliberation by the Committee, found these applications to be in order and applicants qualified for amnesty. In the same letter, DND Secretary Gazmin concluded that “I have approved the recommendations of the DND Ad Hoc Amnesty Committee and thereby granted amnesty to aforesaid officers and enlisted personnel through Committee resolution Nos. 1, 2, 3 and 4 duly signed.” This letter to the President was signed by Secretary Gazmin.

Meanwhile, the Certificate of Amnesty (5) given to Trillanes which states “was granted amnesty on January 21, 2011 for his participation in the July 27, 2003 Oakwood Mutiny and November 29, 2007 Peninsula Manila Hotel Siege in Makati City pursuant to the provisions of Presidential Proclamation No. 75 issued on November 24, 2010 by His Excellency, President Benigno S. Aquino III.” This Certificate was also signed by DND Secretary Voltaire T. Gazmin.

Please note, the Certificate of Amnesty stated that the amnesty was granted January 21, 2011, the FYI letter of Secretary Gazmin to President Aquino was dated January 25, 2011. Therefore, the amnesty was already granted by the DND Secretary 4 days before the President was informed.

In the 1987 Philippine Constitution, the power to grant amnesty is expressly provided and granted to the President subject to the concurrence of a majority of the members of Congress. Art. VII, Sec. 19 states “Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.”

Please note again that it was Gazmin who approved the recommendation of the Ad Hoc Amnesty Committee, it was him who granted the amnesty to the officers and enlisted personnel and it was still him who signed the Certificate of Amnesty.

Trillanes and his lawyers will claim that Secretary Voltaire Gazmin being the signatory in the Certificate of Amnesty does not invalidate the process since he is the Secretary of National Defense and the task has been delegated to him by the President.

Well, let me educate Trillanes and his supporters, including his lawyers:

In the April 21, 1939 Villena v. Secretary of Interior (6), the Supreme Court has recognized and adopted from American jurisprudence this doctrine of qualified political agency which stated “… the executive power shall be vested in a President of the Philippines. This means that the President of the Philippines is the Executive of the Government of the Philippines, and no other. The heads of the executive departments occupy political positions and hold office in an advisory capacity and in the language of Thomas Jefferson, “should be of the President’s bosom confidence” and in the language of Attorney-General Cushing, “are subject to the direction of the President.”

One might argue that the President may delegate certain functions to his alter ego, a Secretary of any of the executive departments. Yes, he may delegate, but this power is not without limits. No less than the Constitution provides for such restrictions. Justice Jose P. Laurel, in his ponencia in the Villena v. Secretary of Interior, it was made clear: “at first blush, the argument of ratification may seem plausible under the circumstances, it should be observed that there are certain prerogative acts which by their very nature, cannot be validated by subsequent approval or ratification by the President. There are certain constitutional powers and prerogatives of the Chief Executive of the Nation which must be exercised by him in person and no amount of approval or ratification will validate the exercise of any of those powers by any other person. Such, for instance, is his power to suspend the writ of habeas corpus and proclaim martial law and the exercise by him of the benign prerogative of mercy.”

The above decision by the Supreme Court in 1939 was again cited on November 25, 2009 in another SC ruling on Angeles v. Gaite (7). In this particular decision, the SC stated that “the restrictions hold true to this day as they remain embodied in our fundamental law. There are certain presidential powers which arise out of exceptional circumstances, and if exercised, would involve the suspension of fundamental freedoms, or at least call for the supersedence of executive prerogatives over those exercised by co-equal branches of government. The declaration of martial law, the suspension of the writ of habeas corpus and the exercise of the pardoning power, not withstanding the judicial determination of guilt of the accused, all fall within this special class that demands the exclusive exercise by the President of the constitutionally vested power. The list is by no means exclusive, but there must be a showing that the executive power in question is of similar gravitas and exceptional import.”

Thus, the President did not grant the amnesty, the President did not sign the Certificate of Amnesty, this is a constitutional power that must only be exercised by the Chief Executive in person, it cannot be delegated, therefore, THE AMNESTY IS VOID AB INITIO.

Therefore, the long and short of it, STRIKE 1, STRIKE 2, STRIKE 3, NO AMNESTY!

FPT
09/13/18

References:

1. Republic Act 6968. An act punishing the crime of coup d’etat by amending Articles 134, 135 and 136 of Chapter One Title Three of Act numbered Thirty- Eight Hundred and Fifteen, otherwise known as the Revised Penal Code, and for other purposes. October 24, 1990.

2. Proclamation No. 75. Granting amnesty to active and former personnel of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP) and their supporters who may have committed crimes punishable under the revised penal code, the articles of war or other laws in connection with the Oakwood Mutiny, The Marines Standoff and the Manila Peninsula Incident. November 24, 2010.

3. DND Ad Hoc Amnesty Committee Circular No. 1. December 2010.

4. DND Secretary Voltaire Gazmin Letter to President Aquino. January 25, 2011

5. Certificate of Amnesty granted to Senator Antonio F. Trillanes IV. DND Ref No. 0-05-01028.

6. Villena v. Secretary of Interior, G.R. No. L-46570. Supreme Court, April 21, 1939.

7. Angeles v. Gaite, G.R. No. 165276. Supreme Court, November 25, 2009.

ctto

[rooster69ph]

fine then ...isa lang naman ang tanong lahat ba ng na grant ng amnesty eh fully complied at hindi natulad kay trililing? otherwise shouldn’t be the amnesty of these people all be voided and not only trililing.

[will robie]

 

So babalik nanaman tayo dito? Paulit-ulit nalang.

 

For the last time, Trillanes was arrested because the judge said he didnt have his APPLICATION.

 

What does this have to do with Gazmin signing the CERTIFICATE? NOTHING!!!

Hence, what Duterte said that it was void from the beginning (ab initio) is correct. Try reviewing our exchanges instead of saying "paulit-ulit". By the way, the amnesty certificate is bogus and that only the president can grant amnesty. Just to be clear. Gets mo na? Edited September 26, 2018 by will robie

[darksoulriver]

i did ... even before i posted and i am asking for explanations to my query ... would you care to explain to me then???

 

pero sabi ng administrasyon nawala ... este wala. galing

 

u miss the video of trillanes interview that he swallowed his oath that he commit a crime hahaha

 

no need to explain it further... as far as this Govt said.... he dont have any proof of application of amnesty.

 

and if you go back to the history... the procedure Trillanes got his Amnesty is like a process done in Recto! instant! hahaha

 

lets just wait for this Moro-moro's ending!

[rooster69ph]

 

and if you go back to the history... the procedure Trillanes got his Amnesty is like a process done in Recto! instant! hahaha

 

lets just wait for this Moro-moro's ending!

the same as the rest like faeldon et al ... right?

[darksoulriver]

the same as the rest like faeldon et al ... right?

 

i dont think so...

 

wait till the fat lady sing!