Palace: No need for congressional approval in voiding Trillanes amnesty

Malacañang on Tuesday stood by the legality of President Rodrigo Duterte's decision to void the amnesty granted to Senator Antonio Trillanes IV amid observations that it needed congressional concurrence before it becomes effective.

Former Solicitor General Florin Hilbay said Duterte has no "unilateral constitutional authority" to nullify an amnesty given during the presidency of Benigno Aquino III in 2010 while former Ateneo de Manila School of Government dean Antonio La Viña raised the issue on congressional action.

Presidential spokesperson Harry Roque, however, said concurrence by the Senate and House of Representatives is not necessary.

"Our position is hindi po kinakailangan 'yan dahil unang-una, it is the job of the President to implement the law. So nung nakumpirma po na talaga yung mga preconditions for legal amnesty are not present in the case of Senator Trillanes, it is the role and obligation of the Executive to declare [it] void ab initio," Roque, a lawyer, told reporters in Israel.

"Ang kinakailangan lang sa amnesty ay concurrence, not consent so it is still an Executive determination whether a person should be given amnesty at magko-concur lang ang Kongreso." 

Chief Presidential Legal Counsel Salvador Panelo shared Roque's view. 

"[T]he amnesty can be declared null even without the concurrence of a majority of all the members of the Congress," Panelo said in a statement.

"Senator Trillanes has abused a grant of amnesty, albeit void, and it compels its nullification by the President--the official authority who is considered by the 1987 Constitution as the grantor of executive clemencies."

Panelo added the government "has the inherent right to protect itself from assault coming from whatever source."

Trillanes and the other Magdalo soldiers were able to avail of amnesty by virtue of Proclamation 75 issued by Aquino in November 2010.

Aquino’s amnesty proclamation, which covered the actions meant to overthrow the Arroyo regime, was then sent to Congress which subsequently gave its concurrence.

Trillanes, a former Navy officer, then applied for amnesty before the Department of National Defense on January 5, 2011.

At the time, Trillanes said while he admitted to "violating some rules," he was not admitting guilt to the mutiny and coup d'etat charges lodged against him both in the civil and military courts.

Following a review, Duterte declared Trillanes' amnesty void from the start, citing the senator's alleged failure to apply for amnesty and refusal to admit to his crimes in connection with the Oakwood Mutiny in 2003 and Manila Peninsula Siege in 2007.

"The declaration of void ab initio was based on law and the facts," Roque said. —KBK, GMA News