By Vann Marlo M. Villegas
SEN. ANTONIO F. Trillanes IV has cited an order by a Makati City court which affirmed his application for amnesty to support his petition to the Supreme Court (SC) to nullify Presidential Proclamation No. 572 which voided his amnesty claiming that it is unconstitutional.
In a reply filed on Nov. 7 to the comment of respondents including Executive Secretary Salvador C. Medialdea to his petition, Mr. Trillanes noted that the decision of Judge Andres B. Soriano of Makati regional trial court (RTC) Branch 148 has junked the claims of the presidential proclamation that he did not file his application form and admit his guilt as requirements for amnesty.
“(T)he Honorable Court of of Makati City Branch 148 rendered an order which shattered to smithereens all the factual allegations of Respondents regarding the supposed non-filing by Petitioner of a sworn application for a grant of amnesty under Proclamation No. 75 and his alleged failure to admit his guilt,” he stated.
Mr. Trillanes added that Branch 148 relied on factual findings “on the categorical and unrebutted testimonies and affidavits” of the witnesses that he filed his application form for amnesty.
“(T)he Honorable RTC of Makati City, Branch 148 aptly gave credence to the overwhelming and unrebutted testimonial, photographic and documentary evidence proferred by Petitioner to support his claim of the due filing of his application for amnesty and his express admission of guilt,” he said.
On Oct. 22, Makati RTC Branch 148 denied the prosecution’s motion to issue an arrest warrant and hold-departure order against Mr. Trillanes as it deemed that the senator filed his application form based on the testimonies of the witnesses. It added that the coup d’etat case has long been dismissed in 2011 following the grant of amnesty to Mr. Trillanes.
However, it upheld that the presidential proclamation is constitutional as it was an executive act.
With this, the Senator in his reply also sought the SC “to make a final and conclusive determination on the legality and/or constitutionality of Proclamation No. 572, Series of 2018, which purportedly revoked Petitioner’s amnesty coverage under Proclamation No. 75, series of 2010.”
The decision of Makati RTC Branch 148 is contrary to the Sept. 25 decision of Makati RTC Branch 150 handling the rebellion case over the 2007 Manila Peninsula Siege which ordered the arrest and hold-departure order against the senator. The senator posted bail on the same day.
President Rodrigo Duterte issued Proclamation No. 572 on Aug. 31 declaring void from the beginning the amnesty granted to the senator claiming that he did not submit his application form and did not admit his guilt over the 2003 Oakwood Mutiny and 2007 Manila Peninsula Siege.
Mr. Trillanes then asked the SC on Sept. 6 to issue a temporary restraining order or preliminary injunction against the proclamation saying the act is unconstitutional as the revocation of amnesty should have the concurrence of the Congress.
The SC on Sept. 11 resolved to refer to the lower courts to determine the factual basis of the case of whether or not he applied his application form and admitted his guilt.

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