Duterte has power to nullify amnesty granted to Trillanes — Panelo

President Duterte has the power to nullify the amnesty granted to Senator Antonio Trillanes IV without getting the nod of Congress, a Palace official said Tuesday.

Presidential Chief Legal Counsel Salvador Panelo

Chief Presidential Legal Counsel Salvador Panelo asserted that the President is the official authority recognized by the Constitution as the grantor of executive clemencies.

“Aside from the grounds mentioned in Proclamation No. 572, the amnesty can be declared null even without the concurrence of a majority of all the Members of the Congress,” Panelo said in a statement.

“Senator Trillanes has abused a grant of amnesty, albeit void, and it compels its nullification by the President – the official authority who is considered by the 1987 Constitution as the grantor of executive clemencies,” he added.

Panelo also said the State could not be shackled by an act of clemency it has given to “a political offender when the latter pursues subsequent acts inimical to its interest and violative of its charter.”

“The State, acting through the President, has the inherent right to protect itself from assault coming from whatever source,” he said.

“As Chief Executive and Head of Government, he has the power to issue orders protective of the State and its people. This is in line with the prime duty of the government to serve and protect the people under Article II, Section 4 of the 1987 Constitution,” he added.

President Duterte has issued Proclamation No. 572 revoking the amnesty granted to Trillanes in 2010 due to his failure to apply for amnesty and failure to admit guilt for involvement in the 2003 Oakwood mutiny and 2007 Manila Peninsula Hotel siege.

The President also directed authorities to pursue charges against Trillanes and apprehend the former rebel soldier to stand trial.

Trillanes, who was detained for seven years on rebellion charges, earned his freedom when then President Aquino granted him amnesty in 2010. The amnesty grant later obtained the concurrence of Congress.

SOURCE: MANILA BULLETIN

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