SC: Trillanes amnesty valid; ex-Pres. Duterte's revocation unconstitutional

The Supreme Court (SC), in an en banc decision, affirmed that the amnesty granted to former senator Antonio Trillanes IV is valid and that Proclamation No. 527 issued by former president Rodrigo Duterte revoking it is "unconstitutional."

"A President cannot revoke a grant of amnesty without concurrence from Congress," the high court said through Associate Justice Maria Filomena Singh.

The SC stressed the primacy of the Bill of Rights, adding that "neither the Government nor any of its officials, including the President, are above the law."

It ruled that the revocation of the former senator's amnesty long after it became final and without prior notice "violated his constitutional right to due process."

Trillanes rights against ex post facto law and double jeopardy were also violated as the proclamation sought the revival of his criminal cases, which have been dismissed with finality.

The high court said it also found "convincing evidence" that Trillanes did file his amnesty application.

"The Executive’s decision to revoke only Trillanes’ amnesty, notwithstanding the fact that the application forms of all the other amnesty grantees could similarly no longer be located, constituted a breach of his right to the equal protection of the laws," it said.

"The Decision affirms that in balancing the exercise of presidential prerogatives and the protection of the citizens’ rights, the Constitution and the laws remain as the Court’s anchor and rudder," the SC added.—LDF, GMA Integrated News