Revocation vs. declaration of nullity re: Trillanes' amnesty


JUDGE CAMPANILLA: Proclamation No. 75 issued by President Aquino and concurred in by Congress granted amnesty to the participants of July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Manila Peninsula Incident. Under Section 2 of Proclamation No. 75, they have to apply with the ad hoc committee Department of National Defense to be entitled to the benefit of the amnesty proclamation. 

President Duterte on August 31, 2017 issued Proclamation No. 572 declaring the granting of amnesty to Senator Trillianes for failure to file application as required in Section 2 of Proclamation No. 75. 
The Proclamation No. 572 is not a revocation of Proclamation No. 75 but a declaration of nullity of the granting of amnesty for failure to comply with Section 2 of the amnesty proclamation. Thus, it seems the issue in this declaration of nullity is factual rather than constitutional. In sum, Proclamation No. 572 did not revoke the amnesty granted by President Aquino and concurred in by Congress. It merely declared null and void the granting of the benefit of the amnesty by Department of National Defense to Senator Trillianes. Prolamation No. 572 is an attack against the decision of Department of National Defense granting amnesty and not against the bilateral acts of President Aquino and Congress in issuing Proclamation No. 75.

SOURCE: Revocation of the granting of amnesty is a factual issue; Marlo Campanilla; Wednesday, September 5, 2018; https://www.facebook.com/notes/marlo-campanilla/revocation-of-the-granting-of-amnesty-is-a-factual-issue/2208591632493728/

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