Atty. DJ: Congressional confirmation NOT needed re revocation of Senator Trillanes' amnesty

Atty. Danielito Jimenez manages The Pinoy Street Lawyer.

On a pure legal and apolitical point of view, since pardon, executive clemency and amnesty are exclusive presidential prerogatives guaranteed by the 1987 Constitution save the requirement of concurrence by Congress with respect to any amnesty program, any sitting president may arguably recall such grant which ought to be based on legal grounds subject of course to judicial review on the ground of grave abuse of discretion.

With utmost respect to those who view that congressional confirmation is necessary, it seems that unless it is the entire program affecting the 300 plus "mutineers" (Proclamation 75 by the former president concurred by Congress) that is to be recalled or revoked, confirmation by Congress may not be necessary at all.

In the current issue that hounds the nation anew (apart from other more pressing and relevant issues and problems) what is being revoked is Senator Trillanes' inclusion in the program. Thus, congressional confirmation may not be necessary.

In such eventuality, Senator Trillanes or anyone affected can however very well challenge this before the Supreme Court. He can even probably invoke double jeopardy insofar as the dismissal of the related RTC case though Malacañang can be expected to argue otherwise (subject again to judicial review by the SC) that since the dismissal is conditioned on the grant of amnesty then the revocation of the same may revive the case and the supposed promulgation earlier suspended by the RTC may be reinstated and an arrest warrant may follow suit. In which case if Senator Trillanes gets arrested and convicted he will have to, in the meantime be incarcerated, and serve jail time until the Supreme Court may similarly rule on the proprietary of the revival and conviction notwithstanding the earlier dismissal. 
If he's acquitted then this would be for his benefit, but then there is still the possibility of a court martial proceedings that he may face, as his discharge from the military, in effect, is also recalled which proceedings will likely be similarly challenged before the SC. In the meantime if he gets arrested by order of the military tribunal to be constituted, he will similarly be under military custody which is also a deprivation of liberty similar to arrest.

In the final analysis, the Supreme Court will still be the final independent arbiter in resolving the many legal issues that will be expected to come and will be raised by both the government and the camp of Senator Trillanes.


ATTY. DJ: Atty. Danielito D. Jimenez obtained a law degree in 1997 from the UST Faculty of Civil Law (FACULDAD DE DERECHO CIVIL) as well as a bachelor degree in secondary sducation major in mathematics in the same university. UST is the oldest university in South East Asia. It is 100 years older than Harvard and 75 years older than Yale University. He also completed an international program for global lawyering at the Fordham Law School in New York City in 2008. He taught a variety of law subjects from the UST Faculty of Civil Law and the Department of Legal Management for over 20 years. He is currently a practicing lawyer in the Philippines. He also manages "The Pinoy Street Lawyer" - a pro-Filipino and apolitical page which provides pro bono legal advice and law advocacy. He also appears in various media platforms as well as different institutions to express similar advocacies and expert opinion on various legal issues.

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