DAVAO CITY – President Rodrigo Duterte said the invalidation of the amnesty granted to Senator Antonio Trillanes was recommended by Solicitor General Jose Calida, who launched a process to review and dig into the amnesty records of some officials.
“He (Calida) is the government lawyer. I am not, though I am a mayor or a mayor and a President, I cannot insist, especially in view of the fact it was already recorded as a public paper,” Presidente Duterte told a press briefing upon his arrival at Davao International Airport from a seven-day official visits to Israel and Jordan on Saturday.
Duterte said it was his job to enforce the law, and this includes acting on the findings and recommendations of the Office of the Solicitor General.
Calida’s recommendation led to the issuance of Proclamation No. 572, declaring the amnesty extended to Trillanes in 2010 “void from the beginning” for the senator’s failure to comply with pertinent requirements.
Prior to Calida’s inquiry, Duterte said he already knew about the senator’s case but chose not to act on it.
The President argued that the amnesty paper of Trillanes was flawed from the start because it was recommended and approved by former Defense Secretary Voltaire Gazmin, whom Duterte also regarded as a friend.
Duterte said the power to grant amnesty with the concurrence of Congress is a presidential power.
“It cannot be delegated to anybody else; it’s a Constitutional mandate,” he said.
“Ito ngayon ang problema: it was Gazmin who probably, one of those who investigated the case, ‘yung coup d’état, pati mutiny or rebellion at the very least. Then he recommended for the amnesty ng lahat (Here’s the problem: it was Gazmin who probably one of those who investigated the case, the coup d’état, mutiny or rebellion at the very least. Then he recommend for the amnesty of all),” he told reporters.
“You know, he (Gazmin) recommended that a general amnesty be given. And then, after his recommendation, he approved it. Siya mismo ang nag-grant. Siya ang nag-recommend, eh bakit ka pa mag- recommend? Kung ikaw lang pala ang pipirma eh ‘di diretso ka na (He is actually granted it. He recommended it, and why would you recommend when you’re the one who will sign it anyway?” the President maintained.
He said Gazmin would have been liable of usurpation of authority.
Since the case is now in court, the President said he leaves everything to the court–especially on the senator’s possible arrest.
“Let the court decide on it. Whether he should go back to jail because that is where he came from,” he added.
Duterte noted that Trillanes also failed to justify why he should be granted amnesty, noting that “before you can be given a pardon or amnesty, you have to declare your guilt and place it in on a narrative.”
Instead of showing proof, Duterte said Trillanes, for his application of a Temporary Restraining Order, only showed a sample affidavit.
“You think you just play with the Constitution? Not me. You must remember, I am a lawyer. I will not sign it if it lacks the requirement.
“If the Supreme Court says that my proclamation is invalid, so let it fall. But the Supreme Court should tell what was wrong and what was not complied,” he added. (Lilian C. Mellejor/PNA)
