Monday 22 October, 2018
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SC told to junk Trillanes suit vs Proclamation No. 572

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Solicitor General Jose Calida on Monday petitioned the Supreme Court to junk the petition of embattled Sen. Antonio “Sonny” Trillanes IV who questioned President Duterte’s Proclamation No. 572 which revoked his amnesty.

In a 81-page comment, Calida stressed Proclamation No. 572 was valid and legal as it voided the grant of amnesty under Proclamation No. 75 to Trillanes for being unconstitutional.

According to Calida, Proclamation No. 75 violated Section 19, Article VII of the Constitution, which stated that only the President may grant amnesty.

In Proclamation No. 75, only former defense secretary Voltaire Gazmin signed the amnesty.

“The power to grant clemency is a non-delegable power and solely the President’s prerogative which must be exercised by the President personally and exclusively,” he explained.

“Neither the DND Secretary nor a special committee could grant or approve amnesty,” Calida added.

Also, Calida reiterated that Trillanes failed to comply with the minimum requirements for the amnesty.

“The petitioner neither filed a sworn application nor admitted his guilt which would have entitled him to the benefits of the amnesty proclamation,” he reiterated.

Calida added Trillanes “failed to attach a copy of his application and its annexes in his petition” and “also did not submit a copy of that application as required by the (Makati regional trial court) in December 16, 2010.”

“More than the requisite formal requirement, the petitioner did not at all admit his guilt. He stated repeatedly in public that he does not admit committing the crimes charged against him and that the charges are erroneous,” he said.

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