Trillanes asks SC to cancel a warrant for arrest

Senator Antonio Trillanes IV presents an amnesty form at a press briefing in front of the Senator's Senate office in Pasay City on Thursday, September 6, 2018. His lawyers are in the process of filing a temporary restraining order in the Supreme Court for his arrest. INQUIRING PHOTO / GRIG C. MONTEGRANDE

Senator Antonio Trillanes IV on Thursday asked the Supreme Court to declare the order of President Duterte illegal to arrest him.

Trillanes, jailed in the Senate to avoid arrest, told the High Court by lawyer Reynaldo Robles that President's Proclamation No. 572 nullifying his amnesty as a former rebel military officer and ordering his arrest was unconstitutional.

The Department of Justice (DOJ) has declared that the President canceled the Trillanes amnesty because the senator had not filed a petition and admitted guilt for his coup attempts against President Gloria Macapagal-Arroyo in 2003, 2006 and 2007.

Trillanes showed Tuesday to the press that he had requested an amnesty in January 2011 and that it had been granted by President Benigno Aquino III and approved by Congress.

Aquino confirmed Wednesday that he had granted the amnesty to Trillanes and said he was ready to testify of the validity of the grant if she were called as a witness.

In his petition, Trillanes, a harsh critic of President Duterte, told the Supreme Court that the president's order was "just a cheap political coup to harass, prejudge and punish a political opponent of the administration."

He asked the high court to issue a temporary injunction against the presidential proclamation, claiming that the order to arrest him was "clearly illegal" since the police had no warrant.

Trillanes also asked the High Court to stop the revocation of his amnesty, saying there was "absolutely no basis" for the move of President Duterte because he had met all the requirements.

He stated that it was "impossible" that he did not admit guilt, pointing out that the application form required that the applicant "retract previous statements contrary to this declaration of participation / participation and guilt ".

He said he received an amnesty certificate in 2011 from the then secretary of defense, Voltaire Gazmin, and on the basis of that grant, the courts dismissed the cases against him.

Trillanes has submitted copies of court orders dismissing cases against him on the basis of amnesty.

"One can reasonably and legally presume that [the] the courts have also examined and conveyed the legality and validity of the proclamation of amnesty, "he said.

Double jeopardy

The decision to revive the cases against him, he said, "violates the constitutional guarantee against double jeopardy" or is tried again for the same crime.

Trillanes has accused President Duterte of violating the constitutional protection clause because he [and] specifically targeted "among rebel officers and soldiers who received an amnesty in 2011.

He appointed as correspondents Executive Secretary Salvador Medialdea, Secretary of Justice Menardo Guevarra, Secretary of Defense Delfin Lorenzana, General Carlito Galvez of the Armed Forces of the Philippines, Secretary of the Interior Eduardo Año and Director General Oscar Albayalde of the Philippine National Police.

Invited to comment, Guevarra said Trillanes should just try to convince the Supreme Court that the cases against him had been dismissed.

He added that the case in the Makati District Court of First Instance (148) "was in fact reinstated" as the court opened a hearing on the DOJ's arrest warrant application.

Acting Attorney General Richard Fadullon, who continued the coup case against Trillanes, said the senator's argument had no reason to remain in his position.

"Amnesty for Trillanes has been rescinded [from the start]," he said.

"No factual or legal basis"

President Duterte's order to arrest Trillanes has "no factual or legal basis," according to Jose Manuel Diokno, head of the Free Legal Assistance Group, the largest human rights organization in the Philippines.

Trillanes expressed his "confession of guilt" when he called for amnesty, "although it's not even necessary," Diokno told a forum organized by People's Campaign Against Tyranny University in Angeles City , province of Pampanga.

"Once the amnesty is granted and approved by Congress, it can not be revoked," said Diokno.

Trillanes, he said, is also protected by the double jeopardy case law.

Opposition to the House of Representatives on Wednesday presented a resolution expressing the "collective feeling" of the House denouncing the cancellation by President Duterte of the amnesty Trillanes.

"The revocation of the amnesty granted by Senator Trillanes is unjustified and illegal because an amnesty is final, absolute and irrevocable," lawmakers said, led by Albay's representative, Edcel Lagman.

In the Senate, Trillanes told the press that some army officers were "in conflict" and "extremely disturbed" by the order of President Duterte.

"At some point, some people will make a moral decision," he added.

"They know it's just politics. They know that this will put AFP in a bind and that they will be forced to be accomplices, "he said. – WITH THE REPORTS OF LEILA B. SALAVERRIA, JEROME ANING, TONETTE OREJAS AND AP

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