DOJ sticks to Proclamation 572 at Makati RTC hearing

MAKATI, Philippines —State prosecutors will limit arguments on their plea for the issuance of an arrest warrant against Sen. Antonio Trillanes IV to the text of Proclamation 572 for now.

During the hearing at Makati Regional Trial Court Branch 148, Trillanes lawyer Reynaldo Robles said that the executive branch has an "evolving theory" on why the amnesty granted to his client is “void from the beginning.”

Robles was referring to Palace’s pronouncements that the amnesty is void since former Defense Secretary Voltaire Gazmin—and not former President Benigno Aquino III—signed it.

READ: Gov't looks beyond proclamation to justify voiding Trillanes amnesty

DOJ: Trillanes did not apply for amnesty, did not acknowledge guilt

Senior Assistant State Prosecutor Juan Pedro Navera, in a chance interview after the hearing on Thursday, said: “For now that [argument] has not been raised. Right now, based on our arguments, as I have described them, our narrow focus is on the validity of Proclamation 75 (the proclamation granting amnesty) has been put into question and has been annulled by the president.”

He stressed that Trillanes’ amnesty is void “because he did not file and did not comply with requirements, including the fact that he did not admit his guilt explicitly.”

This is the supposed basis of Proclamation 572, the presidential order published in the classified ads of the Manila Times while President Rodrigo Duterte was on an official visit to Israel and Jordan.

Proclamation 572 and government officials backing it have said Trillanes' application for amnesty—filed in front of media and supported by documents referencing the application—could not be found and therefore does not exist. 

Trillanes has refuted the claim and stressed in media interviews that part of the application form for amnesty includes an admission of guilt to “violation of the 1987 Constitution, criminal laws and the Articles of War.”

But Navera said that since the arguments in the case “develop over time,” their rebuttal will still depend on what the defense will put forth.

“If there are new issues raised, then probably we can raise other issues to rebut,” he added.

READ: No warrant as court gives Trillanes, DOJ more time for pleadings

Trillanes camp: Palace has 'evolving theory'

Robles, speaking to reporters after the hearing, pointed out a new “theory” not mentioned in Proclamation 572 came out of Duterte’s mouth in a controlled interview with Chief Presidential Legal Counsel Salvador Panelo last Tuesday.

“In fact, sinabi nga niya dun sa interview na ‘yun. ‘Wala na tayo dun. Wala na tayo sa issue na nag-apply ba ng amnesty si Sen. Trillanes or nag-admit ba ng guilt,” the lawyer said.

(In fact, he said in that interview. We’ve moved on from that point. We’re no longer looking at the issue of whether or not he applied for amnesty or admitted guilt.)

“So the Palace has an ‘evolving theory’ over the proclamation. So this is what will be discussed here in court since this was referred to them by the SC,” he added in English and Filipino.

READ: SC junks Trillanes' TRO plea vs Duterte proclamation

Robles asked the trial court to be given an opportunity to file their supplementary comment on the DOJ’s plea for the issuance of alias warrant and hold departure order.

Their camp will also file their rejoinder on the prosecution’s Reply in 10 days.

Meanwhile, the DOJ will be given five days to file their reply on the defense’s supplemental comment.

After the parties file their pleadings, the case will be deemed submitted for resolution.