Walang karapatan si Duterte! Trillanes: Amnesty can’t be voided by pres’l proclamation
Senator Antonio Trillanes IV believes a presidential proclamation is not meant for declaring his amnesty as void.
With this argument, Trillanes asked Makati City Judge Andres Soriano to reverse the Oct. 22 order which upheld the legality of the President Rodrio Duterte’s Proclamation No. 572 which declared as void the senator’s amnesty concerning his participation I the 2003 Oakwood mutiny and 2007 Manila Peninsula siege.
“While it is true that the President is empowered to issue presidential proclamations under his ordinance powers, the same are intended only to serve specific and limited purposes,” read his reply submitted to Soriano on Friday (Nov. 16).
Citing the Administrative Code of the Philippines, Trillanes explained “the purpose or office of a presidential proclamation is supposedly only for ‘fixing a date’ or ‘declaring a status or condition of public moment or interest’ upon the existence of which the operation of a specific law or regulation is made to depend.”
“The President obviously cannot issue a proclamation for the purpose of ‘adjudicating’ or deciding on the existence of non-existence of facts or making a determination as to the rights of others or the legality or non-legality of prior executive acts and/or proclamations nor to revoke, nullify or declare the nullity of anything because for him to do so would be transgressing or encroaching into the well-defined powers of the judiciary, as provided in the Constitution,” he said.
Soriano is handling the coup d’etat case against Trillanes concerning his involvement in the Oakwood mutiny.
In his Oct. 22 order, Soriano also did not grant the Department of Justice (DOJ) motion which sought the issuance of a warrant of arrest and hold departure order against Trillanes.