Trillanes amnesty deal has impact on the government's peace process, says Hilbay

Trillanes amnesty deal has impact on the government's peace process, says Hilbay

Kristine Joy Patag (philstar.com) – September 11, 2018 – 10:36

MANILA, Philippines – Legal expert and former Solicitor General Florin Hilbay warned on Tuesday that President Rodrigo Duterte's declaration to cancel the amnesty granted to his critic, Senator Antonio Trillanes IV, could have strong implications for peace process.

"The president has, for whatever reason, jeopardized the integrity of the entire government amnesty system and even the peace process," Hilbay told the ANC edition.

The former solicitor general said that with Duterte's Proclamation 572, "anyone who has participated in an amnesty program now has the Damocles sword hanging over his head."

"[N]If the president has the power to revoke an amnesty, he can go back years, if not decades, in search of an amnesty [has] been given, "he added.

An amnesty, as defined by the Supreme Court, is an act that "looks back and abolishes and endangers the offense itself."

The Oversight Committee also stated that the "amnesty" neglects and clears the offense of which he is accused, that the person released by amnesty stands before the law as if he had committed No violation".

Duterte, by Proclamation 572, declared that the amnesty granted to Trillanes by former President Benigno Aquino III is "void from the beginning" because the senator would not have met the conditions of 39; application.

The Palace subsequently changed tone and declared that the amnesty granted to Trillanes was void since only the former Secretary of Defense, Voltaire Gazmin – an alter ego of the president – had signed it . They said that only a president could grant an amnesty. This was not indicated in the very language of Duterte Proclamation 572.

RELATED: WATCH: Palace explains "an additional reason" on the cancellation of the amnesty for Trillanes

In 2010, through Proclamation No. 75, Aquino expressly stated: "The amnesty for the said active and former members of AFP and PNP and their supporters will promote an atmosphere conducive to the achievement of a just a comprehensive and lasting peace and is consistent with the government's peace and reconciliation initiatives.

It has also been approved by Congress.

Hilbay pointed out that with Duterte's Proclamation 572, he "puts into play any peace process … under way because the end of any peace process is an amnesty for both parties, the government, the rebels." and mutineers can move forward. "

"If they know that the president can now exercise the power to cancel or revoke an amnesty that has already been granted, then there is really no point in negotiating peace with the government," Hilbay added.

Trillanes waged a legal battle with Duterte's Proclamation 572 in the Supreme Court, scheduled to meet in plenary on Tuesday.

The Ministry of Justice has requested the issuance of a travel ban and a warrant against Trillanes. The local courts responsible for the above cases, related to the 2003 Oakwood Mutiny Headquarters and the 2007 Manila Peninsula Headquarters, also held hearings on 13 and 15 September, respectively.