TRILLANES'S AMNESTY CANNOT BE REVOKED

By Bayawanon

Former Philippine Navy Lt. Senior Grade and now Philippine Senator Antonio Trillanes's amnesty cannot be revoked by President Rodrigo Duterte on the following grounds: 1) There is no law that provides for the grounds of revocation of amnesty; 2) Amnesty may only be revoked by the one who granted it; 3) Granting that amnesty can be revoked, it shall be concurred by Congress, since the grant of the same needs congressional approval. Let me discuss it below:

1) THERE IS NO LAW THAT PROVIDES FOR THE GROUNDS OF REVOCATION OF AN AMNESTY.

After having scoured the internet, I have found out that there is no law being constructed that provides for the grounds of a revocation of an amnesty. In connection to this, we may ask, how can a legal political right like amnesty be cut-off when there is no law that provides it?

Cutting it off without any legal precedence is a big legal joke. Is the president simply joking by rescinding Trillanes's amnesty or is he simply, legally ignorant?

President Duterte's ground in revoking Trillanes's amnesty is the possibility that Trillanes never applied for amnesty before the legal authorities, but pictures and videos would show otherwise. Secondly, how can Trillanes get amnesty if he did not apply for it?

2) THE AMNESTY GRANTED MAY ONLY BE REVOKED BY THE ONE WHO GRANTED IT.

Logically, the one who can get back a thing from grantee shall be the one who granted it, since one cannot give what he does not have and in contrast, one cannot take back what he does not own.

Is it not that the one who granted amnesty to former Navy Lieutenant Senior Grade Antonio Trillanes IV was President Benigno Simeon C. Aquino III and not President Rodrigo Duterte? If logic would rightfully guide us that only the one who granted something to someone can take it back, then President Duterte has no power to revoke the amnesty granted to Senator Antonio Trillanes IV by former President Benigno Simeon Aquino IV.

3) GRANTING OF AMNESTY SHALL BE CONCURRED BY CONGRESS IF IT SHALL BE REVOKED IT SHALL ALSO BE CONCURRED BY CONGRESS As A MATTER OF LOGIC.

The Philippine constitution provides that amnesty is a presidential prerogative that needs congressional concurrence, hence it would follow also, that if another president cuts it off, it shall also be approved by Congress.

As of press time President Duterte has directed all of the armed personnel to implement his directive to arrest Trillanes immediately, this act of his is not in consonance with the constitution which is the highest law of the land.