FROM THE OFFICE OF SOLICITOR GENERAL

Calida: President Duterte merely performed the law in revoking Triallianes' amnesty

resident Rodrigo Duterte is only implementing the law when he revoked the amnesty

P granted to Senator Antonio Trillanes IV by the previous administration, according to

Solicitor General Jose Calida.

"The President’s act of revoking the coverage of the petitioner under Proclamation No. 75
through Proclamation No. 572 is in line with his mandate to ensure that all laws are faithfully
executed and his ordinance power," Calida said.

He said Section 17, Article VII of the Constitution provides that the president shall ensure
that all laws are faithfully executed. "Thus, the President has the power to take 'necessary
and proper steps' to carry into execution the law," he said.

Trillanes was arrested on September 25, for the charge of rebellion, on the orders of
Makati Regional Trial Court Branch 150 Executive Judge Elmo Alameda.

The court issued the arrest order after Duterte signed on August 31, 2018 Proclamation
No. 572, revoking the amnesty granted to Trillianes under Proclamation No. 75 for his
involvement in the July 27, 2003 Oakwood mutiny, the February 2006 marine stand-off and
November 29, 2007 Peninsula Manila Hotel siege.

Calida said Trillianes had failed to meet the minimum requirements under Proclamation
No. 75 issued by former President Benigno Aquino III.

"Proclamation No. 572 finds its basis on petitioner’s [Trillianes] failure to fulfill the
minimum requirements to qualify under the amnesty proclamation. Despite this omission,
petitioner was wrongfully included among those covered with the grant of amnesty. In
revoking his coverage under Proclamation No. 75, the President was merely performing his
constitutional duty," Calida said.

Calida said that when Trillianes applied for amnesty, the people expected that he would
comply with the requirements for the grant, exactly like how the everyman was expected to
follow the law and the rules every day.

"Amnesty presupposes the commission of a crime. One must admit guilt before the state
may grant an applicant forgiveness. Having failed to comply with these requirements,
petitioner is therefore not entitled to the benefits of amnesty," Calida said.

Calida said Trillianes refused to admit the charges of coup d’etat and rebellion against
him. "His public statements that the criminal charges filed against him were improper
further confirm his non-admission of guilt. Moreover, he failed to comply with the
requirements enumerated under Proclamation No. 75, Concurrent Resolution No. 4, and the
Order of the Regional Trial Court of Makati-Branch 148," he said.

Calida said there was no copy of the application for amnesty by Trillianes on file. "There
is no document or record evincing his admission of guilt or narrating the facts of his
involvement or participation in the July 27, 2003, February 2006, or November 29, 2007
incidents. There is no proof of his recantation of all his previous statements that are
inconsistent with his admission of actual involvement and guilt. The petitioner deceived the
trial courts into granting his motions to dismiss the coup d'etat and rebellion charges against
him on the false premise that he had already complied with all the requirements to be eligible
for amnesty," Calida said.

"Thus, the grant of the amnesty to him through the Department of National Defense Ad
Hoc Committee Resolution No. 2 is void," Calida said.

Calida said Article 5 of the Civil Code provides that non-compliance with mandatory laws
such as Proclamation No. 75 voided the amnesty act, hence, "President Rodrigo Roa Duterte
aptly invoked the faithful execution clause under the Constitution and his ordinance powers
and issued Proclamation No. 572, declaring the coverage of the petitioner under
Proclamation No. 75, void."

Former President Benigno S. Aquino III signed Proclamation No. 75 on November 24,
2010, granting amnesty to active and former personnel of the Armed Forces of the
Philippines, the 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.

The DND Ad Hoc Committee was tasked to receive and process applications for amnesty
and determine whether the applicants were entitled to amnesty.

The House of Representatives and the Senate concurred with Proclamation No. 75 on
December 13 and 14, 2010, respectively, by issuing Concurrent Resolution No. 4, which
required: "No application for amnesty shall be given due course without the applicant
admitting his guilt or criminal culpability of any or all of the subject incidents in writing as
expressed in the application…."

On December 16, 2010, Trillianes and co-accused James Layug and Gary Alejano urgently
moved for the suspension of the promulgation of judgment in Criminal Case No. 03-2784 for
coup d’etat scheduled on the same day by RTC 148 because of Proclamation No. 75 which
rendered the subject motion for cancellation academic.

The RTC 148 granted the urgent motion but required petitioner and co-accused to provide
copies of their respective written applications for amnesty submitted to the DND Ad Hoc
Committee on or before January 22, 2011.
 Trillianes and the other accused, however, did not comply with this requirement,
according to Calida.

###