This is how former DILG Secretary Rafael Alunan described the document presented by Senator Trillanes as proof that his amnesty papers are in order.
In legal terms, the “smoking gun” is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught in flagrante delicto. “Smoking gun” refers to the strongest kind of circumstantial evidence, as opposed to direct evidence. [Wikipedia]
Alunan made the remarked after careful scrutiny of the said document and declared that SND Gazmin could liable for usurpation of authority.
Compounding the woes of Gazmin was that Trillanes refused to admit of having staged a coup or attempted a mutiny in January 2011.
Yet, amnesty was granted to Trillanes in November 2010, two months before Trillanes applied for amnesty.
On this note, Alunan wondered Gazmin and Aquino were in drunken stupor while making one mistake after the other.
Alunan remarked that one possible explanation is hubris, thinking that they were above the law and to hell with mistakes and consequences.
SND Gazmin usurped the President’s sole right and responsibility to grant amnesty. Process was flawed.
Add to that the info that Trillanes, in January 2011, refused to admit to having staged a mutiny or an attempted coup.
Yet, the amnesty was issued in November 2010, two months BEFORE Trillanes applied for amnesty without admitting his guilt. Santa banana!
Were Gazmin and PNoy in a drunken stupor while stumbling from one mistake to the next? Hubris, perhaps, that they were above the law and to hell with mistakes and consequences?
Usurpation of authority…
Rafael Alunan III said it was not his right to give, thus, the president is correct in saying that he is guilty of usurpation of authority. what would the penalty be in such a case?
4 years in jail for usurpation of authority?
According to Article 177 of the Revised Penal Code defines usurpation of authority as an act where an individual performs an action representing the government “without being lawfully entitled to do so.” This is punishable with up to four years of imprisonment.
Duterte referred to the Constitution, which states only the President has the power to grant amnesty “with the concurrence of a majority of all the Members of the Congress.”