Republic of the Philippines

Regional Trial Court

Eleven Region

Branch 52

Antonio Triliannes

Plaintiff

-versus- CIVIL CASE NO. 72-131411

Republic of the Philippines

Defendant,

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STATEMENT OF THE FACTS

On July 27, 2004 @T and other officers of the Armed forces of the Philippines conducted the
Oak Wood Mutiny (OWM for brevity). Later on August 1, 2004 the Department of Justice (DOJ) filed
coup d’etat charges against @T and the other officers before the Regional Trial Court of Makati.

President Benigo Aquino on October 11, 2010 signed proclamation No. 50 which granted
amnesty to the members of the Armed Forces of the Philippines who were part of the OWM. An
application for amnesty was filed on January 5, 2011 by @T. The application was latter approved on
January 21, 2011 by the Department of Defense. The Regional Trial Court of Makati where the coup
d’etat case was filed took judicial notice of the fact that @T was granted amnesty and dismissed the
criminal case againt him.

During the reign of our current political leader President Duterte, he signed Proclamation No.
572 declaring @T’s amnesty void ab initio due to it being insufficient in substance and such application
of @T was not found. On September 6, 2018 the Regional Trial Court of Makati re-opened the case of
@T.

STATEMENT OF THE ISSUES

The declaration of amnesty is void ab initio

II

The court has no jurisdiction to reopen the case

III

The re-opening of the case is in violation

of plaintiff’s right to double Jeopardy

ARGUMENTS/DISCUSSION

The declaration of amnesty is void ab initio

No, under Section 19, Article VII of the constitution, amnesty is defined as, the President
has the power to "grant amnesty with the concurrence of a majority of all the Members
of the Congress." This is on top of related presidential powers such as granting
reprieves, commutations, and pardons, and remitting fines and forfeitures, after
conviction by final judgment. The President would sign and issue a proclamation
announcing the amnesty. It may also specify the terms of the amnesty, such as its
coverage and its effects. Therefore the people who can give amnesty is the President
but it requires the concurrence of congress for it to become valid and binding.