How do you like to see Sen. Trillanes and Magdalo Rep. Alejano in National Bilibid Penitentiary asap?
Well, according to the PTV4 report, there is a glitch with the presidential pardon granted by former President Aquino to Trillanes and company.
If you’d recall, Trillanes was convicted of rebellion for his role in the failed Oakwood Mutiny.
Anyone guilty of Art. 134 RPC is sentenced to reclusion perpetua just like the crime of plunder.
However, the similarities end there especially when talking about granting presidential pardons.
“The crime of rebellion or insurrection is committed by rising publicly and taking arms against the government for the purpose of removing from the allegiance to the said government or its laws, the territory of the Philippine islands or other Armed Forces, epriving the Chief Executive or the legislature, wholly or partially, of any of their powers or prerogatives.”
A convicted plunderer is granted pardon by the president without the approval of Congress while an individual convicted of rebellion cannot be pardoned without the approval of both houses of Congress.
PTV4 talked to Atty. David Aquino regarding Trillanes case and he said the absence of a concurrence from Congress invalidates the presidential pardon given to the convicted rebel.
“Rebellion is a felony. Its nature is defined in the US Penal Code as well the elements and its penalties. Plunder on the other hand is an offense. Its nature and its elements are found in our special law, the Plunder Law. It is what we have right now.
In order for amnesty to take effect to be operative, the president needs to ask for the concurrence, not only of the senate but the entire Congress. Majority of the members of Congress, that’s the phraseology found in the fundamental law.
The act of granting amnesty to Sen. Trillanes is lacking one final important ingredient – concurrence of Congress. The current administration can do two things: 1. to seek the concurrence of the majority of the Congress to finalize the amnesty; 2. well they could void? it (not sure) if they so choose. Its up to them. But I think this is under review by Secretary Panelo.”
It can be recalled the Panelo already floated the idea of reviewing the amnesty granted by former President Aquino to Trillanes and other rebels to who launched the Oakwood Mutiny during the Arroyo administration.
Atty. David Jonathan Yap of the New Era University College Law says the Duterte administration’s next move is dependent how much support he has from the people, including the business community because of its economic and political repercussions.
But citing the approval rating of Duterte which stands at 80-90% while his critics are not, Atty. Yap appears to like the idea.
Your reaction, please!