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Roque: The resignation of the Navy does not cancel Trillanes violations
Patricia Lourdes Viray (philstar.com) – September 6, 2018 – 3:04 pm
MANILA, Philippines – A court martial can still try Senator Antonio Trillanes IV for violations of the war's articles during his military service, presidential spokesman Harry Roque said Thursday.
President Rodrigo Duterte, in a proclamation signed on Aug. 31, rescinded the amnesty granted to the senator because he would not have met the minimum requirements of the grant.
Trillanes contested the assertion, presented documents indicating that he had applied for amnesty and signed an admission of general guilt, the conditions for amnesty.
Pointing out that Proclamation 572 stated that the amnesty granted to Trillanes was invalid or invalid from the very beginning, Roque stated that the current status of the senator would be his status before the amnesty was granted in 2011. .
"With regard to the fact that Senator Trillanes has resigned from military service, the act of resignation does not nullify the violations of war articles that he committed during his military service," he said. declared Roque in a statement.
A spokesman for the Armed Forces of the Philippines said that Trillanes would return to active service.
Roque: Trillanes indicted in civil and military courts
Malacañang's spokesman noted that the senator had been charged with offenses in the civil courts and war crimes offenses.
Trillanes was accused of rebellion for leading coup attempts against then President Gloria Macapagal-Arroyo in 2003 and 2007.
According to Roque, the court martial still has jurisdiction over violations of the war articles by the senator.
"Violations of articles of war can not be tried by civil courts," said Roque, who praised Trillanes and the Magdalo group before joining the government.
Trillanes, for his part, claimed that all cases against him in the civil courts had been dismissed.
ON INTERAKSYON: Ten years ago, Harry Roque called Trillanes a "hero" against a "diabolical regime"
Trillanes receives amnesty "in a silver tray"
Echoing Duterte's reasoning for the annulment of the Trillanes amnesty, Roque also stated that the senator had not asked for the grant but that it had been handed to him "in a silver tray by the previous administration ".
"So, when you have not asked for an amnesty, you are not entitled to it.When you have not acknowledged your guilt – that is a prerequisite to the amnesty – then you are not entitled to amnesty, "Roque said.
Roque vs. Trillanes' current statements contradict his own statement in 2010.
Excerpts from the Roque trial eight years ago, where he congratulated Trillanes for "his fight against evil in government" have resurfaced on social media.
"Whenever I feel tired of getting up against government harm and sometimes want to retreat into the stereotype of a mobile lawyer, I think of Sonny Trillanes and the many years behind bars for diet and a rotten system and evil at the base, "the test read.
Trillanes, meanwhile, has filed a petition for certiorari and barred from challenging the constitutionality of Duterte's proclamation 572.
The senator was able to produce documents from the Department of National Defense to prove that he had requested an amnesty.
As it happens
LATEST UPDATE: September 6, 2018 – 10:17
President Rodrigo Duterte revoked the amnesty granted to Senator Antonio Trillanes IV in 2011 for his involvement in mutinies against the administration of President Gloria Macapagal-Arroyo in 2003, 2006 and 2007.
Duterte states in Proclamation 572 that Trillanes "did not comply with the minimum requirements to qualify under the proclamation of Amnesty".
President Benigno Aquino III granted the amnesty by a proclamation in 2010 to which the Congress subscribed.
The proclamation of amnesty was aimed at members of the police and the active and former military and "[extinguished] any criminal liability for the acts committed in connection with the incident of July 27, 2003 in Oakwood Mutiny, Marines Stand-Off of February 2006 and November 29, 2007 Peninsula Manila Incident without prejudice to the civil liability of the dealer for injuries or damage to individuals. "
Trillanes, a senior lieutenant at the time of the Oakwood mutiny, filed an amnesty application in 2011.
September 6, 2018 – 10:17
Trillanes, at a press conference in the Senate, is showing the media a January 5, 2011 document from the Special Committee on Amnesty from the Department of National Defense, which ranks him among amnesty applicants.
He also shows a photo of the application file, which he says has been widely covered by the media.
It also presents a document signed by the former Secretary of Defense, Voltaire Gazmin, stating that he is one of the applicants found qualified for an amnesty. The list of members of the ad hoc committee that they recommended to amnesty is attached to the document.
Trillanes has been in the Senate since Tuesday, when Proclamation 572 was published in the Manila Times.
September 6, 2018 – 10:16
Senator Trillanes is holding another press briefing – he has held one every day since the Presidential order was issued – and maintains that he has documentary and multimedia evidence that he has followed the amnesty procedure.
HAPPENING NOW: Senator Antonio Trillanes IV holds a press conference in the Senate. pic.twitter.com/4Zxks4hupF
– The Philippine Star (@PhilippineStar) September 6, 2018
It also shows the media a confirmation issued by the ad hoc committee of the Department of National Defense.
September 5, 2018 – 5:10 pm
Rep. Kit Belmonte (Quezon City) delivers a speech in favor of Senator Antonio Trillanes IV, assigning Solicitor General Jose Calida the decision to revoke the amnesty granted to the Senator in 2011.
"You did a good job in silencing another irritant of this administration.Nakakarami na kayo.And I understand, the unprecedented results of the Supreme Court," says Belmonte.
Belmonte admits that the recent presidential decree against Trillanes scared him. He too was amnestied by former President Noynoy Aquino.
He argues that the law makes it clear that an amnesty removes the offense of the accused.
September 5, 2018 – 4:59 pm
Members of the opposition Congress table a resolution denouncing the "unfounded, illegal and unpredictable revocation of the granting of amnesty to Senator Antonio Trillanes IV under Proclamation 572."
Representatives Edcel Lagman (Albay), Raul Daza (North Samar), Tom Villarin (Akbayan party list), Emmanuel Billones (Capiz) and Gary Alejano (Magdalo party list) argued that the Congress approved Trillanes Amnesty in 2011 It has also been confirmed by an organ of the Department of National Defense.
"The consistent case law states that the granting of amnesty removes the offense itself and neglects the offense of which he is accused that the person released by amnesty stands before the law as his / her He had not committed any offense, "said lawmakers, citing Barrioquinto vs. Fernandez.
September 5, 2018 – 12:27
The head of the integrated Bar of the Philippines doubts that President Duterte 's proclamation order could serve as a warrant for arrest against Senator Trillanes.
Abdiel Fajardo insists, in an interview with CNN Philippines, that only a court could issue an arrest warrant to try to cancel the Trillanes amnesty.
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