NOY'S AMNESTY PROCLAMATION TO BE AMENDED / "WE NEVER SAID WE'RE PERFECT"
MANILA, NOVEMBER 23, 2010 (TRIBUNE) By Angie M. Rosales - Malacañang's move to "recall" and amend Presidential Proclamation No. 50, which grants amnesty to mutineers, including detained Sen. Antonio Trillanes IV, who, during the Arroyo administration engaged in mutiny, highlighted once again the lack of legal craftsmanship of President Aquino's aides.
An Aquino's strong ally in the upper chamber, Sen. Teofisto "TG" Guingona, who is all set to sponsor on the floor the said presidential issuance for concurrence of senators, took note of this yesterday, even as he was clearly ready to sponsor a flawed amnesty proclamation,
Guingona, in announcing to reporters his decision to hold off the sponsorship of the amnesty resolution amid the announced amendment, admitted that such changes are becoming "quite frustrating."
The senator was obviously referring to incidents where presidential issuances were found to have some technical or legal flaw, as the apparent case in proclamation No. 50 and the most notable of which was Memorandum Order No. 1 directing appointees of the previous administration booted out or declaring all non-career executive service positions in government vacant.
"The lesson learned (in this incident) is that they (Palace aides) must be more précise in their legal craftsmanship. They have to carefully study (this matter first). It would be better if they have been more precise with their legal craftsmanship," he told reporters in a press conference.
Among the flaws noted is the date of effectivity of the proclamation, as under the proclamation, it was stated that the amnesty is to take effect upon the signing of proclamation by Aquino, or "immediately."
Apparently, proclamation No. 50 was a take-off from another amnesty proclamation signed by the Chief Executive's mother, the late President Corazon Aquino. Precedents in the past showed that before an amnesty can be made, there should be an admission of guilt by those availing of it.
Sen. Joker Arroyo, former executive secretary of President Cory Aquino, repeatedly emphasized this, adding that the Senate "is being asked to concur in an executive action that would permit the ordinariness of mutinies in the uniformed service."
"What we plan to do is by way of corrective interpretation in the resolution. In our resolution, we would have put, we understand this phrase to mean that this 'shall take effect upon the concurrence of Congress.' That would be enough to correct the imprecision on the language. I would say it's imprecise," said Guingona.
More importantly, as the senator himself noted, was the fact the Cory Aquino's proclamation was acceptable then since it was issued at the time when the country was declared to be still under a revolutionary government, in which case, she was then enjoying both legislative and executive powers.
"It was a revolutionary government, that's why it took effect immediately. But now, it's a different regime. We have a functioning legislature. We have a functioning Senate and Congress (lower house)," Guingona, said.
Senate President Juan Ponce Enrile also took note of this, saying that "maybe they (Palace) did not realize that when she (Cory) issued that amnesty proclamation, she was both the Chief Executive and at the same time the legislator because that was issued under the revolutionary Constitution," said Enrile.
Nonetheless, Enrile said it was a wise move on the part of Malacanang to "recall" the flawed proclamation before any legislative action is rendered although they will have to discuss the issue raised by Senator Arroyo on the needof the the mutineers to admit guilt or apologize, on whether to impose this as a condition.
"I think that (the issue of being circumspect next time) is not the problem of the President. That's the problem of the staff. So the staff has to be more careful next time," he said.
Guingona said he received a call from Executive Secretary Paquito Ochoa over the weekend, informing him of the Palace decision to amend proclamation No. 50.
Enrile said he had to call up Ochoa, after being notified by Guingona, to find out for himself if indeed such was the latest development as it could mean that the Senate will have to conduct another, or a new hearing before it is taken up in the plenary.
Guingona was told that the Palace will come up with a revised proclamation either by Wednesday or Thursday this week.
Senator Arroyo, for his part, remained adamant in his position on the condition to admit guilt before they are granted amnesty.
"Nowhere does the amnesty proclamation state that the impenitent beneficiaries should at least show some remorse, much less admit guilt; neither does it exact some condition of good behavior and compliance with the order of command.
"We were taught in school the basic and simple rule that applies to rebellion. Rebellion is a crime of the highest order against the state, punishable by reclusion perpetua. However, if it succeeds it becomes legal, as the rebels themselves become the rulers. It is a zero-sum game - the victors take it all, the losers are condemned to prison.
"The Trillanes' caper was an abject failure; they (Oakwood mutineers) were eventually imprisoned and charged before the Makati Regional Trial Court presided by Judge Oscar Pimentel," he said.
The senator pointed out that the Senate has been consistent in the past to the present mainly in having Trillanes, who was elected senator in the May 2007 elections, to be able to participate in Senate proceedings, not his freedom.
"What is now before the Senate is something else. The amnesty covers now all of Trillanes' co-accused in the Oakwood mutiny, numbering 90 officers and 209 enlisted men. Included are senior officers and men in the Marines stand-off and the Manila Pen incident. The big number of would be beneficiaries has yet to been determined.
Justice Secretary Leila de Lima claims that "No requirement, neither law nor jurisprudence, requires that there should first be an admission of guilt or remorse for those to be effected by amnesty. It would destroy the essence of amnesty."
"This was opinion in the face of Vera v. People supported by the Office of the President? Which is which? How can the Senate extend its concurrence when the Executive Branch gives us conflicting opinions on the admission of guilt as a precondition for amnesty?
"Will this amnesty truly benefit the country? Will this deter military adventurism in the future? Far from it - it enables impunity and promotes recidivism," Senator Arroyo said.
Noy on withdrawal of amnesty proclamation: We never said we're perfect By Delon Porcalla, Marvin Sy (The Philippine Star) Updated November 24, 2010 12:00 AM Comments (41) View comments
CALAMBA, Laguna, Philippines – President Aquino acknowledged yesterday the mistake his legal team committed in drafting the amnesty proclamation for detained Sen. Antonio Trillanes IV and other soldiers that mutinied against then President Gloria Macapagal-Arroyo seven years ago.
Speaking to reporters at the Regional Tripartite Industrial Peace Council at Yazaki-Torres manufacturing plant, Aquino said the requirement that Trillanes and the others seeking amnesty should admit guilt could be integrated into the implementing rules and regulations of the amnesty proclamation.
"We recognize the fact that we're all human beings and things made by human beings can be improved," he said.
Aquino said he is open to amendments to the amnesty proclamation.
"Hindi naman po kami nagsabi ni minsan na kami po'y kaisa-isang anak ng Diyos na kami lang ang may dunong (We never said that we had a monopoly on wisdom)," he said.
Aquino said the idea to grant amnesty to Trillanes originally came from the Senate, not from him.
"Number one, we want to close that chapter," he said.
"Number two, hindi naman nagmula sa amin ang amnesty. Nagmula ho sa Senado. Inaasa-han po natin nasa paguusap naman po iyan. We have three branches of government. Iyung inputs ng Congress ay atin pong pakikinggan (The idea of amnesty did not come from us; it came from the Senate. We're listening to inputs from Congress; this can be discussed)," he added.
Aquino issued the statement after his political ally and former Ateneo classmate Sen. Teofisto Guingona III expressed disappointment over reported flaws in Proclamation 50.
Guingona said section 5 of Proclamation 50 was the same as the one contained in Proclamation 80 issued by President Corazon Aquino in February 1987.
"But you must remember that when President Cory made that proclamation… it was a revolutionary government so that's why it took effect immediately. But now it's a different regime, we have a functioning legislature, we have a functioning Senate and Congress."
He had to withdraw the report after Executive Secretary Paquito Ochoa Jr. informed him that Proclamation 50 will be amended, Guingona said.
The Senate was supposed to approve it the other day.
Guingona heads the Senate committee on peace, unification and reconciliation.
He was supposed to present before the plenary the committee report that was to pave the way for a vote on the amnesty proclamation.
The Senate would now wait for the new proclamation, which is expected to come out this week, before conducting a new hearing.
Aquino signed Proclamation 50 last October, which granted amnesty to military personnel accused of trying to oust Arroyo.
The amnesty would cover more than 300 officers and enlisted men, including Trillanes, a former Navy lieutenant who led the mutiny at Oakwood Premiere residences in 2003.
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