THE REFLECTION OF REALITY OF PDU30’S ADMINISTRATION

The last few days have seen a few twists and turns, but we have remained on course: the independence of our institutions has been affirmed, and our democracy has been strengthened. PRRD, thru Atty. Harry Roque, announced yesterday September 7, 2018, he prefers to wait for the civilian courts to issue a warrant of arrest than for the military to arrest Trillanes in accordance with the Articles of War. This only shows, that even in days of great pressure, PDU30 is not fascinated to take shortcuts by borrowing dictatorial techniques as Trillanes, the Clerics and the opposition always perceive him to be. In fact, this move of PDU30 was meant to show to the people that the AMNESTY issue against Trillanes was a matter not for political persecution, vindictiveness, and revenge, but that the strength of this administration lies in their independence and their fidelity to the law whichever side they’re on. It also gives Filipinos certainty that our country is governed by law, and reassures our foreign friends that their investments, and their trust in us, are safe.

Recently, however, we’ve seen more than the odd behavior of SP Sotto. Trillanes, Clerics and the opposition political class. While the rest of PDU30 administration has to conform their actions to the rules; but for the adversaries, it is the rules that have to conform to their actions by intimidation, crude threats, and actual violence. The PDU30’s administration work hard and they’ve already seen their work disrupted, and their businesses held back — all because of wholly unacceptable and unnecessary provocation. Ordinary Filipinos have borne the brunt of it.

I find the mindset of the enemies of PDU30 too sweeping and all too extremist. Imagine, they only hate PDU30 but what they’re doing is to turn our country into bloody revolution, internal chaos, and civil strife. It is equivalent to burning the whole house to exterminate the rats and to killing the patient to relieve him of pain. It only exhibited their absurdity if not lack of judiciousness in dealing with the situation.

THE COMBATIVE STANDOFF IN THE SENATE BUILDING

The people, the observers fear a crisis looming between the Senators and the Executive branch because the Senate President is too extremist on preventing the arresting army and police officers from taking custody Sen. Trillanes without a warrant of arrest issued by the court. SP Sotto refused to recognize PDU30’s Proclamation 572 ordering the arrest of Trillanes as his amnesty was declared null and void. SP Sotto whose exposure is a movie actor apparently did not understand that under the Articles of War, Proclamation 572 serves as a warrant of arrest. SP Sotto as a legislator may construct a law but certainly, he must not interpret a law.

It’s ironic SP Sotto was making an obstinate stand in favor of Sen. Trillanes at the expense of the peace and security of the country. SP Sotto failed to consider that his belligerent stance bestows him the kind of authority that would give mixed signals to the people and to the world to challenge the authority of the Philippine President in applying the rule of law which is his exclusive mandate under the Constitution. Common sense and common weal dictate that the military and the civilian courts have different kinds of laws to follow. PDU30 is applying the Articles of War for the arrest of Sen. Trillanes. Likewise, there is no law which says only by a warrant of arrest issued by the court can arrest an individual.

All I can say is I cannot understand why SP Sotto is doing this. If he is playing a hero, his action is misplaced because, by all intents and purposes, he is protecting a wanted person and by doing so, he is making the Senate as an epigraph of “HOODLUMS SENATE” instead of “People’s Senate”. With what SP Sotto is doing, everybody is just totally, totally freaked out and shaken. Indeed, every once in a while, something happens and our lives are shaken up by outside forces. Unfortunately, this time it is strange that it is SP Sotto who is deliberately shaking up our country into a crisis and throw our world into a bit of a tailspin. The sky is just gray with dust.

SENATOR TRILLANES WARNS: VENGEANCE IS MINE

In the Senate, Trillanes tattooed his trademark of no fear, always favor brawn over brains. But now, he retreated inside the Senate building with his tail tucked firmly between his legs. How foolish humans are, hopelessly beckoned into destruction like a firefly being seduced by the burning light of fire.

The rest-and bulk of the Trillanes Amnesty case dealt simply with the presentation of his written application for amnesty under oath; and the formal admission of his guilt in writing under oath to the 2003 Oakwood Mutiny and the 2007 Peninsula Hotel coup d'etat. That’s all there is to it. The TV footage and the endorsement of the Chairman of the ad hoc committee are not sufficient evidence of compliance with the two requirements. Moreso, the pieces of evidence in his hands should not be presented before the reporters of different TV Channels but before the appropriate court having jurisdiction over his case where the rules of evidence will be followed.

Trillanes tirade the AFP JAGO has no more jurisdiction over him by virtue of his separation from the service is wrong. In the case of LARGO vs. CA, G.R. No. 177244, November 20, 2007, the Supreme Court held: “The jurisdiction that was Ours at the time of the filing of the administrative complaint was not lost by the mere fact that the respondent public official had ceased to be in office during the pendency of his case. The Court retains jurisdiction either to pronounce the respondent official innocent of the charges or declare him guilty thereof.”

Anent the issue of double jeopardy asserted by the Trillanes camp, the dismissal of the case against Trillanes and company by the Makati RTC was on the basis of the amnesty that was null and void from the beginning. Said dismissal was, therefore, the natural consequence of the poisonous tree, thus, the same is also poison. 

TRILLANES AMNESTY CAN BE SLAIN AT SIGHT

Cast against different factual backdrops from the opposing sides, the facts can be briefly stated as follows:

Trillanes, was charged with coup d Etat before the military tribunal and before the Makati RTC Branch 148. In 2011, Trillanes manifested to be given amnesty and the Benigno Aquino administration was willing to give it. The Military Tribunal and the Makati RTC, through a motion from the Trillanes camp, suspended both proceedings on the ground the amnesty of Trillanes had been in progress. Eventually, an amnesty had been issued to Trillanes under Proclamation No. 75 issued by former Pres. Benigno Aquino III. On August 30, 2018, PRRD declared the amnesty given to Trillanes as null and void and without any effect for his failure to file a formal/written application; and his failure to formally admit his guilt to the coup d etat.

(1) The invalidation of the Trillanes amnesty automatically reverted him back to his former status before the granting of the amnesty. This means, he was a prisoner for the non-bailable crime of coup d Etat and his cases before the Military Tribunal and with the Makati RTC which were suspended, not dismissed as the side of Trillanes camp intimated, can be resumed from where they left off.

(2) Former Pres. Benigno Aquino III has a history of making hasty and abnormal decisions in Dengvaxia, DAP and PDAF, MAMASAPANO, the appointment of Sereno as CJ of the Supreme Court, and many more where he is, in fact, facing charges at present. It is not farfetched therefore, he just made another hasty and abnormal decision to forego everything in the granting of amnesty to Trillanes by way of political accommodation. As the legal doctrine states: 'Where a person is charged with the commission of a specific crime, testimony may be received of other similar acts committed about the same time, for the purpose only of establishing the criminal intent of the accused.”

(3) Contrary to the arguments of the Trillanes camp, the cases of Trillanes were only suspended. But even if it was indeed dismissed, upon the invalidation of the amnesty, he can be immediately arrested because his status as a prisoner for a non-bailable case was automatically restored.

(4) The crime of Trillanes was against the security of the State and he again misled the government through deception and fraud in connivance with the former president with a common bestial and ignoble purpose by bypassing the essential requirements. He should, therefore, be arrested immediately anywhere at sight; and no warrant of arrest that is issued by a court is required. The Proclamation 572 issued by PDU30 is the warrant for his arrest under the Articles of War. Those who were seen to be dangerous to our society cannot be left walking about as “big men” with their sycophants. Let’s borrow a leaf from decent societies and follow the law and stop running from pillar to post.

(5) The stand of the Senators to stop the arrest of Trillanes within the vicinity of the Senate has no legal basis. Their reason is just based on tradition and dignity. What is more primordial is the safety and security of the State and its inhabitants. As no less than TEEHANKEE, J., concurring in the case of EASTERN BROADCASTING CORPORATION (DYRE) vs. THE HON. JOSE P. DANS, JR., ET AL., G.R. No. L-59329, July 19, 1985. “At the foundation of our civil liberty lies the principle, which denies to government officials the exceptional position before the law and which subjects them to the same rules of conduct that commands to the citizen xxx xxx.

(6) "A void amnesty for want of the essential requirements is no amnesty at all. It cannot be the source of any right nor the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no legal effect. It may be said to be a lawless thing which can be treated as an outlaw and slain at sight, or ignored wherever and whenever it exhibits its head."

The MARK OF A STRONGMAN

While our President was trying to make things better to everything he can for our OFWs and our bilateral relations with a progressive country like Israel, our local media was also trying to do everything it can by furnishing us with such news that is going in opposite direction. It is totally irrelevant to the purpose for which said Official travel was made. Instead of being appreciative and be encouraged seeing PDu30 tirelessly going out of his way in other countries, the media keeps on betting its drum to the same vitriolic humdrum, always humiliates our President in every which way it can. It has become uglier, nastier than anything we have seen in modern political history. It is now beyond tasteless vile and disgusting.

But despite those entire fly in the face of and contrary to the moral dictum attacks, have you seen PDu30 getting back at the media or anyone else who are attacking him? In fact, everybody wondered what is the last resort, what is the red line, when does PRRD decide what is enough is enough. PDu30 is a graphic example of a typical STRONGMAN. The strongman is not the one who can throw another down. The strong-man is the one who can keep hold of himself when he is angry. Every time PRRD comes to a fork in his life he just maintained his composure. He has made a choice never to be distracted from his fixated direction to serve and govern our Nation to the best he can.

However, with respect to the “Breaking News” today, which is about the amnesty proclamation granted to Sen. Trillanes, this should not be construed as retaliation by PDu30 against him. His imminent arrest anytime is due to the violation of the minimum requirements for the granting of the amnesty in his favor and it’s just a matter of applying the rule of law. Therefore, the purported amnesty given to him had never been validly issued from the very beginning. Significantly, the Senator's arrest should not be interpreted as to sacrifice his substantial right in the sophisticated altar of technicalities with impairment of the sacred principles of justice.

The DU30 MAGIC IN ISRAEL

The first-ever visit by a Philippine President to Israel after 61 years of the bilateral relationship between the two countries. It was PRRD who broke the record. All Filipinos working in Tel Aviv, Jerusalem, and other neighboring places in Israel converged into Jerusalem excited and proud to see PRRD and hear his speech. As soon as they saw and met PRRD in the meeting with the Filipino Community in Jerusalem, there can be no gainsaying the fact that their darkest hours of homesick and nostalgia was immediately realigned as the stars shine forth and everything was engulfed with ecstasy and euphoria by the sheer and noble composure and admirable spirit of their President. Indeed, he was a charismatic individual that sort of exuded the aura about him of power. He managed to infect people around him such love and the Filipinos here and abroad responded with love. The whole country seems to be buzzing with anticipation that PDu30 will lead them from the cellar to the peak of progress.

A VIVID DISPLAY OF SHARING AND BROTHERHOOD IN ACTION

PRRD just left the country for an Official visit to Israel and Jordan. PRRD has always emphasized that in his administration, our country is a friend for all and there are no enemies at all. The Filipinos would have to realize that from the very start of PDu30’s presidency, he has always been a believer that it was through political participation rather than armchair or fence-sitting approach would make one change unhealthy system along with others who held the same view. Nothing happens until something moves.

Even PRRD faces disappointments on a day to day basis and has had his own share of disappointments from people who always keep a level of skepticism about him, but they are never enough to get him down and make him abandon his dreams and aspirations to make the lives of the Filipinos better. He knows that every little blow adds up to something. Every bite of the cherry moves him forward. Every step in the right directions gets him closer to his goal.

It is paramount for PRRD that our country is protected; that the Filipinos are afforded the basic necessities of life and that all agencies of the government are in coordination to facilitate life-saving humanitarian access. Frankly, everything PRRD achieves was bought with pieces of time he sold from his life to a job that will never have paid enough when his time is up. Nevertheless, PRRD begins his presidency with an untarnished sense of wonder more like the universe sort of guiding him, and he has that capacity to experience total joy at something as simple as the greenness of a leaf.