Trillanes camp confident SC will nullify Duterte's amnesty void order | ABS-CBN

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Trillanes camp confident SC will nullify Duterte's amnesty void order

Trillanes camp confident SC will nullify Duterte's amnesty void order

Katrina Domingo,

ABS-CBN News

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Senator Antonio Trillanes IV gives a short talk to supporters who visited him at the Senate in Pasay City, Wednesday, September 05, 2018. Jonathan Cellona, ABS-CBN News


MANILA - The camp of embattled Senator Antonio Trillanes IV is confident the Supreme Court would nullify a presidential proclamation that voided his amnesty and directed his arrest for leading uprisings more than a decade ago.

Trillanes on Thursday asked the Supreme Court to declare as unconstitutional President Rodrigo Duterte's Proclamation No. 572, which voided the amnesty granted him in 2011 for supposedly failing to comply with minimum requirements.

He has been insisting that his amnesty is valid.

"May nagsasabi sa'min na 'wag magpunta sa Supreme Court dahil kakampi ng Presidente 'yung mga nandun pero ako hindi naniniwala," Trillanes' legal counsel Reynaldo Robles told Senate reporters before filing the petition.

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(Some are telling us not to go to the Supreme Court because the people there are allies of the President, but I don't believe that.)

"Naniniwala ako na 'yung mga mahistrado ng Korte Suprema at mga huwes sa hukuman. 'Pag nakita kung gaano kagrabe 'yung ginawang pambabalahura sa constitution natin, sila ay kikilos para ipagtanggol 'yung mga karapatan natin," he said.

(I believe that magistrates in the Supreme Court are judges in court. When they see how badly our constitution has been trampled on, they will take action to defend our rights.)

Trillanes' lawyers said the petition "will question the constitutionality of the proclamation and the act of trying to arrest the senator without any valid warrant."

"Walang karapatan ang Presidente to issue a warrant of arrest. That [power] belongs to the judiciary, maliwanag sa ating constitution," he said.

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(The President has no right to issue a warrant of arrest. That [power] belongs to the judiciary, that is clear in our constitution.)

The executive department earlier this week directed police and the military to arrest Trillanes, whose amnesty was deemed invalid after the former Navy lieutenant allegedly failed to properly file his application for amnesty.

The Department of Justice has asked a Makati court to issue an arrest warrant and hold departure order against the senator.

Trillanes' camp attached to the petition documents that showed that he clearly admitted guilt, submitted complete requirements, and properly obtained an amnesty certificate in 2011.

The senator's lawyers said they would also argue before the high court that the military court has no jurisdiction over the case as the defense department recognized Trillanes as a civilian as early as 2007.

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Robles brushed aside observation that Trillanes may not get a favorable ruling from the Supreme Court after the opposition lawmaker earlier spoke against the high court's decision to oust former chief justice Maria Lourdes Sereno through a quo warranto petition filed by his political foe Solicitor General Jose Calida.

"It will set a bad precedent," Robles said.

"Kapag hinayaan nila (Supreme Court) na makulong si Senator Trillanes dahil sa utos ng pangulo na walang basehan at labag sa constitution, lahat tayo baka bukas makalawa kayo na ipakulong at wala tayong magagawa," he said.

(If they allow Senator Trillanes to be jailed because of the President's order that has no basis and violates the constitution, perhaps all of us one day will be jailed and there's nothing we can do about it.)

Trillanes said his petition would serve as a "test case" for the high court under the leadership of Chief Justice Teresita Leonardo-De Castro, who Duterte appointed barely two weeks ago.

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"This is now a test case for them: Tayo ba ay nasa demokrasya pa or wala na? Kahit saan mo paikutin ito, talagang sablay eh," he said.

(Are we still in a democracy or not anymore? However you twist this, it really doesn't make sense.)

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