NOY GRANTS AMNESTY TO COUP PLOTTERS/SENATE SETS PUBLIC HEARING, MONDAY
MANILA, OCTOBER 16, 2010 (STAR) By Delon Porcalla - President Aquino has signed a proclamation granting amnesty to officers and enlisted men accused of trying to overthrow his predecessor.
Mr. Aquino yesterday revealed he had signed Amnesty Proclamation No. 50 on Monday, which would effectively absolve the remaining handful of officers and men of any criminal liability in the three uprisings from 2003 to 2007 against then President Gloria Macapagal- Arroyo.
"I signed it yesterday (Monday) and it will be sent to Congress for concurrence. The process is there's a proclamation, and it needs the concurrence of both chambers of Congress before it becomes a law," he said.
Mr. Aquino said detained Sen. Antonio Trillanes IV, the former Navy officer who led the Oakwood mutiny in 2003, would be included in the amnesty, allowing him to finally set foot in the Senate.
Presidential spokesman Edwin Lacierda said the amnesty covered more than 300 officers and enlisted men, but many had already been freed, except for Trillanes and a handful whose cases are still pending in court.
The amnesty proclamation also covers the cases of former Marine commandant Maj. Gen. Renato Miranda, Marine Col. Ariel Querubin and Army Scout Ranger chief Brig. Gen. Danilo Lim who took part in the failed power grab in 2006.
Lim joined Trillanes and other officers when they walked out during a court hearing in Makati City in November 2007 and took over the Peninsula Manila hotel in demanding Arroyo's resignation.
The group was forced to surrender after government forces stormed the hotel with tear gas and warning shots.
Lacierda explained the effect of the amnesty proclamation signed by Mr. Aquino would extinguish the criminal liability of the mutineers, which means their cases in court will be dropped once Congress approves the proclamation.
"It shall extinguish any criminal liability for any acts committed therein," he said.
Chief Presidential Legal Counsel Eduardo de Mesa explained the mutinous officers and enlisted men do not have to wait for a conviction before an amnesty can be granted.
He said amnesty is a political prerogative of the President that he can grant to a group without awaiting final conviction.
De Mesa explained the amnesty is different from pardon, which requires final conviction before it could be granted.
Supreme Court spokesman Midas Marquez also concurred with the opinion made by De Mesa.
Marquez said there was nothing wrong with the legality of the proclamation.
"Amnesty is granted to classes of persons who may be guilty of political offense, before or after criminal charges are filed, sometimes even after conviction. Amnesty looks backward and in effect, abolishes the offense committed," Marquez said.
Nine officers were convicted and sentenced in 2008 to prison terms of 12 to 40 years. They later apologized to Arroyo, who pardoned them.
Mr. Aquino earlier tasked Justice Secretary Leila de Lima to review the cases of Trillanes and the others accused in the power grab against Arroyo.
De Lima reportedly told the President what prosecutors had told her, that the cases are already up for decision.
Lacierda downplayed insinuations that Mr. Aquino, in signing the amnesty proclamation, is virtually encouraging military adventurism.
"That is incorrect. This will not encourage military adventurism," Lacierda said.
"A decision was made because of President Aquino's policy of reconciliation," he said.
Lacierda, however, pointed out the military officers concerned are not entitled to reintegration once the amnesty proclamation is approved.
On the case of the enlisted personnel, they are entitled to reintegration or reinstatement to their former unit.
The amnesty proclamation would reinstate the right of the enlisted men to retirement and separation benefits, if so qualified under existing laws and regulations at the time of the commission of the offense for which the amnesty is extended.
In his proclamation, Mr. Aquino justified there is a "clamor from certain sectors of society" urging him to extend amnesty to the Armed Forces of the Philippines (AFP) personnel.
"In order to promote an atmosphere conducive to the attainment of a just, comprehensive and enduring peace and in line with the government's peace and reconciliation initiatives, there is a need to declare amnesty in favor of the said active and former personnel of the AFP and their supporters," a portion of the proclamation read.
The proclamation has tasked Department of National Defense (DND) Secretary Voltaire Gazmin to receive and process the applications for amnesty and determine whether the applicants should be covered.
"The final decisions or determination of the DND shall be appealable to the Office of the President," the proclamation read.
Applications, however, will only be entertained within a period of 90 days after the proclamation, upon the concurrence of both houses of Congress and has been published in two newspapers of general circulation.
Moving on
AFP spokesman Brig. Gen. Jose Mabanta said the military was consulted and agreed with the proposed amnesty so that "we can move on."
"It is basically geared towards a lasting peace throughout the country," Mabanta said.
"At this point, we can only say that military adventurism may be a thing of the past. This development is certainly welcome," he said.
Lim, for his part, issued a statement saying the presidential amnesty proclamation recognized the sacrifices of the soldiers in fighting the "oppressive regime" of Arroyo.
Lim said he is no longer interested in returning to military service and had no regrets for his past actions.
"No regrets. I believe in what I did. And I thank the President in recognizing the sacrifices of the soldiers who stood against the past oppressive administration," he said.
Querubin also welcomed the amnesty proclamation.
He said he got the assurance from Mr. Aquino himself during the birthday party of Sen. Francis Escudero when the President told him that he would sign the amnesty proclamation.
Sen. Gregorio Honasan, a former Army colonel who led several coup attempts against the late former President Corazon Aquino, the President's mother, lauded the effort.
Sen. Vicente Sotto III took the initiative in drafting Senate Resolution 3 to concur with the amnesty proclamation.
A copy of the proclamation was sent to the Senate before the concurring resolution was read at the plenary.
"As far as we (at the Senate) are concerned, we have expressed our sense already," Senate President Juan Ponce Enrile said.
Escudero also concurred with the amnesty proclamation, saying the officers and servicemen had been involved in a political crime.
Escudero said the military rebels have all served time.
"It just happened that they were called criminals because they did not succeed. But in the uprisings in the past which were successful, they were called heroes," he said.
Some 153 congressmen, on the other hand, signed a concurring resolution at the House of Representatives. The concurrence of the House requires an absolute majority of 50 percent plus one of the total members, or 140 votes out of 278 lawmakers.
Quezon Rep. Lorenzo Tañada and Diwa party-list Rep. Emmeline Aglipay authored House Resolution 524 concurring with the presidential proclamation granting amnesty to military rebels.
Tañada, however, explained the resolution does not mean it would condone military adventurism.
He said the resolution was "a fitting signal that reconciliation and peace are likewise foremost in the agenda of the House of Representatives."
Disappointment
Sen. Joker Arroyo, on the other hand, warned the amnesty proclamation might set a bad precedent.
He said the amnesty proclamation should be studied carefully by Congress for its implications on the morale of the troops.
"That's what I'm saying, how it will affect the morale of the Armed Forces. They will think that they can just go ahead and then after that, they'll be pardoned anyway," Arroyo said.
Arroyo pointed out that almost all those who went against the government since 1986 have been granted amnesty without exception.
"I think we're the only country that does that," he said.
Even as the Senate moved to approve the joint resolution concurring in the proclamation, Arroyo said he did not sign it.
Arroyo maintained those who took part in the coup attempts against the previous administration must go through the legal processes and face the consequences of their acts.
House Minority Leader Edcel Lagman (Albay), for his part, scored the apparent propensity of Mr. Aquino "of disregarding and derogating the powers of the Congress is shown again in Proclamation No. 50."Ang Galing Pinoy party-list Rep. Juan Miguel Arroyo warned the move to grant amnesty to the military rebels who tried to oust his mother could set a dangerous precedent.While the chief executive has the right and prerogative to grant amnesty, Arroyo said this should be looked into deeper by Congress. "It was a crime committed against the state. What bothers me most is the fact that these soldiers who committed such a serious crime against the state, reneging on their sworn duty to protect the people and the country, are now just being given a tap on the back," Arroyo said.
He said the amnesty proclamation could result to demoralization in the ranks of the military.
Prosecutors handling the cases of the military rebels also expressed disappointment over the proclamation.
Assistant Prosecutor General Richard Anthony Fadullon, head of the prosecution team of the Department of Justice, said their work practically went down the drain following the amnesty proclamation.
Fadullon though remained hopeful that their efforts would pay off since the proclamation is not yet final and executory.-With Alexis Romero, Paolo Romero, Edu Punay, Christina Mendez, Jaime Laude, Rhodina Villanueva, Marvin Sy, AP
SENATE INVITES COUP PLOTTERS TO HEARING
(STAR) By Christina Mendez - The Senate peace, unification, and reconciliation committee has invited former military officers that were involved in past coup attempts against the government to comment on President Aquino's amnesty proclamation.
Committee chairman Sen. Teofisto Guingona III has set a public hearing on Monday on Presidential Proclamation 50 that granted amnesty to past coup plotters.
He said he wants to hear the different opinions of those concerned before the amnesty is granted.
Guingona has invited former Marine commandant Maj. Gen. Renato Miranda and Col. Ariel Querubin who figured in the standoff at Fort Bonifacio headquarters in Makati City on Feb. 27, 2006.
Also invited was retired Brig. Gen. Danilo Lim who joined detained Sen. Antonio Trillanes IV in the Manila Peninsula siege on Nov. 29, 2007.
The committee also invited former National Security Adviser Jose Almonte and Magdalo spokesman former Air Force Capt. Francisco Ashley Acedillo.
Guingona said amnesty renders the expected court decision on the Trillanes case moot and academic.
He said the concerns raised over the impending promulgation on the case of Trillanes should not be an issue because the court decision "will not make much of a difference."
"Amnesty is a political decision. A court decision is a judicial decision. This political process can overshadow, override. I like to point out that judicial process only covers one incident. Hindi pa concurred. Until concurred it is not yet effected," Guingona said.
Sen. Franklin Drilon explained that the amnesty proclamation was not an interference in the judicial proceedings.
Drilon appealed to the Makati Regional Trial Court to postpone its promulgation on the Trillanes case.
"In fact, the RTC where Senator Trillanes is being tried should accord due respect to the legislative branch and the executive branch" by deferring action on the case, Drilon said.
The Makati court is set to promulgate the case on Oct. 28.
"I call on the judge to defer the promulgation of any decision and accord respect to Congress and allow Congress time to work on the amnesty and concur or reject the amnesty. I think it is in good taste for the judiciary to defer action on this and give due deference to the President and Congress insofar as this issue is concerned," Drilon said.
Drilon said the decision of the Makati court regarding the case of Trillanes would be rendered moot and academic with the grant of amnesty.
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