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TRO vs. PROCLAMATION NO. 572

Trillanes asks SC: Stop Duterte’s repeal of my amnesty

/ 01:45 PM September 06, 2018

INQUIRER.net / GABRIEL PABICO LALU

The camp of Senator Antonio Trillanes IV  on Thursday filed a petition before the Supreme Court (SC) seeking  a temporary restraining order (TRO) against President Rodrigo Duterte’s Proclamation No. 572 that voided the amnesty granted to the senator in 2010.

According to Atty. Reynaldo Robles, Trillanes’ legal counsel, they are asking the SC to stop the revocation of his amnesty, his impending arrest, and the supposed resumption of a court martial proceedings against him that were abandoned since 2007.

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“We’re filing a petition for certiorari, prohibition, and injunction.  We are questioning the proclamation of the President revoking the amnesty granted to Senator Trillanes,” Robles told reporters after filing the 36-page petition.

He also said the impending arrest of Trillanes is unconstitutional, especially since it is the executive body of the government that orders it.

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“We believe it is unconstitutional for a number of grounds, and also the attempt of the PNP (Philippine National Police) and the Armed Forces (of the Philippines) to arrest the senator is grossly illegal,” Robles noted.

“The President does not have the power to issue warrants of arrest.  There is utterly no basis for that,” he also said.

Trillanes’ petition was filed against members of the Cabinet, namely: Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, Interior Secretary Eduardo Año, and Justice Secretary Menardo Guevarra.

He also included as respondents in the petition Armed Forces of the Philippines (AFP) Chief of Staff Gen. Carlito Galvez Jr, PNP Chief Dir. Gen. Oscar Albayalde, and PNP-Criminal Investigation and Detection Group (CIDG) Chief Dir. Roel Obusan.

READ: WHAT WENT BEFORE: Oakwood Mutiny and Trillanes’ 2nd try to oust Arroyo

On August 31, Duterte issued Proclamation No. 572, which nullifies the amnesty granted to Trillanes by former President Benigno S. Aquino III.  The senator, an ex-Navy Lieutenant, was arrested and jailed for his involvement in the 2003 Oakwood mutiny and 2007 Manila Peninsula siege.

Mr. Duterte cited in his order the failure of Trillanes to comply with the minimum requirements — filing of application for amnesty and admission of guilt — for the repeal of the senator’s reprieve.

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READ: Arrest Trillanes–Duterte

But the senator presented documents and video clips showing that he had complied with the requirements and that he even personally took an oath to confirm his application.

READ: WHAT WENT BEFORE: Senator Antonio Trillanes IV’s amnesty

Trillanes has been holed up in the Senate since Duterte’s proclamation was released publicly via an ad in a broadsheet on Tuesday.

READ: Trillanes now under custody of Senate President Sotto
/kga

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TAGS: Amnesty, Antonio Trillanes IV, Local news, Nation, national news, news, Philippine news updates, Proclamation No. 572, Senate, Supreme Court, temporary restraining order, TRO
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