Amnesty granted to Trillanes, invalid from the very start-Duterte

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DAVAO CITY (September 10) — President Rodrigo Duterte  said the amnesty granted to Trillanes was invalid from the start because it was former Defense Secretary Voltaire Gazmin who approved Trillanes’ amnesty and not former President Benigno Aquino.

During the media interview at the Davao International Airport on Saturday, Duterte emphasized that under the Constitution, “the power to grant amnesty is exclusive to the President. You cannot delegate the power to any alter ego,” that makes the amnesty void from the very start.”

Duterte believes the amnesty should have been granted by Aquino, not by Gazmin.

“Si Gazmin ang nag-investigate, sya pa ang nag recommend at sya ang nag- approve, when the power to grant amnesty is  an executive power,” Duterte emphasized.

The amnesty was granted in 2010 under Proclamation No. 75 of then president Benigno “Noynoy” Aquino III regarding the involvement of Trillanes and a number of others in the Oakwood mutiny and Manila Peninsula siege.

Here’s the full statement of Duterte last Saturday:

“Well, in the first place ang amnesty allowing his release was void. Therefore, he is getting out of custody was also void.

Walang basis eh kasi ‘yung amnesty was defective, fatally flawed. ‘Yung basis ngayon ng release niya based on that fatally flawed document could also…

Mango tree is mango tree, kalamansi is kalamansi. Eh ‘yung kanyang flawed — nothing valid would come out from a void document.

Question : Does it need  a congressional concurrence?

Duterte quipped “I don’t know about the Supreme Court. Magtanong lang ako, bakit mo ni-release? Ako pagtanong ko, if I’m allowed to argue it, President na ako… My first ko — bakit na-release siya? Because of this. Do you think this is valid? You think you can tinker with the Constitution ganun na lang?

We are supposed to die for that Constitution. And as serious as Constitutional mandate to erase crimes. Ganun na lang na parang isang papel? So bago sa.. Bago itong dokumento, saan siya galing? Eh di ‘di ba sa kulungan.

Trillanes is insisting that you have pending orders to have him arrested without an arrest warrant. Can you tell us how you expect your proclamation to be implemented or executed?

Well, nandiyan na sa Supreme Court. I leave it at that. If the Supreme Court would say that my declaration, proclamation is null and void, then let it fall. But then pagka — if I’m affirmed or sustained, then it’s the military now. Sila man ang last hold. Sino man ang naghawak sa kanya last? Eh ‘di sa kanila, eh ‘di bahala sila kung ayaw nilang tanggapin.

Then you can always invite everybody to — do not respect the law anymore. You can write your own petition and go out there nonchalant walking away.
If there’s a breakdown of law and order, I said this is our only country and if you want to destroy it, fine. Let’s us destroy it, altogether.

Question : What prompted him to review it? Did he do it upon your orders?

That is a very good question now. Kasi magsabi si Trillanes, “Bakit ako lang? Karami naming pumasok diyan sa coup d’état, coup d’état na ‘yan.”

Ang sagot ko sa kanya is, it’s the President’s prerogative. You read the Philippine Constitution. “The President shall have the power to pardon and grant amnesty with the concurrence — with the agreement with Congress.” ‘Yan lang.

Ngayon, what is the lesson there? Bakit tinarget (target) ko siya? Well, I only have one word.

Pareho man tayo na nagta-trabaho lang rin. I will just quote, correct me if I’m wrong, “Do not do unto others, what you would not not want — want them to do to you.”

Question :   Sir, you just said tinarget (target) mo talaga si Senator Trillanes, what then…

Duterte: Hindi ko siya tinarget. May nakita si Calida na mali. O ‘di sabi ni Calida…

Wala man akong — wala man akong problema sa ibang nag-coup d’état, puro kaibigan ko man ‘yan. So sabi ko, bakit ko sila ipakulong?

Question : what then do you say to those saying that this is part of a bigger effort for you to silence you critics dahil nauna na daw po si Senator De Lima and then former Chief Justice Sereno, and then now Senator Trillanes?

Duterte: The fact that they are talking to you and being interviewed, is that not enough to tell you that… Sila nga ang nagsasalita diyan, ako tahimik lang eh.

Hindi ko kasi sinasagot, alam mo bakit? Kung bigyan mo ng importansya ‘yang sila, feeling great sila. Gaya ni Leni, she can never be a president. Puro dasal. T*** i**.

Kasi kung pinakinggan lang ako ng Diyos nila, ‘yung Diyos ng Katoliko? Ay p***** i**, walang nangyari sa buhay ko. My God, is my God. It is the God that my parents revered to.

Ito ‘yung mga tao na — maski nga hindi pari, mga protestante. Well, they lead lives.

On Thursday, the camp of Trillanes, led by his lawyer Reynaldo Robles, filed a petition before the Supreme Court seeking the issuance of a temporary restraining order against Duterte’s proclamation

Presidential Spokesperson Harry Roque during teh Monday press briefing in Malacañang  asked? “Nasaan ang duly received application mo? pumunta ka nga application mo, blanko naman.

“Where is your duly received application form? that easy,”-Editha Z. Caduaya/NewsLine.ph 

 

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