APD | Palace welcomes court decision on Philippine presidential proclamation

By APD writerMelo M. Acuna

MANILA, Oct. 23 (APD) – The Office of the President said it welcomed the ruling of Judge Andres Soriano of the Makati Regional Trial Court (RTC) Branch 148 which affirmed the validity of President Rodrigo Duterte’s Proclamation No. 572 which voided the amnesty granted to Senator Antonio Trillanes IV.

In a briefing at Malacanang, Presidential Spokesperson and Chief Legal Counsel Salvador Panelo at midday today, said what is important is that their “theory from the very start that the President can void an amnesty granted to anyone, was upheld by the court.”

“They were claiming at that time that the President does not have the power to void any amnesty, and the court said he has,” Secretary Panelo said referring to the lower court’s recent decision.

He added the Makati RTC resolution had declared the validity of the President’s proclamation adding that “it was not in violation of the Constitution.” He added it was purely an executive act and that “it does not violate the equal protection clause of the Constitution, that is not a bill of attainder, that it does not encroach on the function of the co-equal branches of government and that id does not require the concurrence of Congress.

Secretary Panelo said the government would still file a petition before the Court of Appeals (CA) with respect to the Makati court’s decision not to issue an arrest warrant against Trillanes.

He added the Office of the Solicitor General is preparing the petition which would be filed “very soon.” He went on the say that the Duterte Administration will prosecute anyone and correct any violation of law which they will “pursue until the end.”

He contested Judge Soriano’s findings that Trillanes had filed an application for amnesty in 2011 based on the evidence presented to his court. Panelo said the court made an “erroneous” conclusion on the basis of secondary evidence, which he said should have not been given due course.

He said he has gone over the decision and there are procedural matters decided by the court which “to my mind are erroneous – how it accepted evidence despite the fact that there were all secondary evidence.” He said these issues can be properly raised in the Court of Appeals and subsequently in the Supreme Court.

Senator Trillanes has been one of the few very vocal critics of sitting President Rodrigo Duterte.

(Cover: Presidential Spokesperson and Chief Legal Counsel Salvador Panelo.)

(ASIA PACIFIC DAILY)