Palace, solons clash on ‘guilty’ plea as condition for amnesty

Lawmakers insisted Wednesday that there must be admission of guilt before amnesty is granted to rebel soldiers, but Palace officials believe otherwise. During the joint hearing of the House committees on justice and national defense on Proclamation 50, which grants amnesty to soldiers involved in at least three cases of rebellious acts, Executive Secretary Paquito Ochoa Jr. said the only requirement that will be asked from amnesty applicants is to show proof that they participated in the three incidents cited in the proclamation. Proclamation No. 50, issued on October 11, grants amnesty to active and former personnel of the Armed Forces of the Philippines and their supporters who may have committed acts or omissions punishable under the Revised Penal Code, the Articles of War, or other special laws, because of the "Oakwood Mutiny," the "Marines headquarters stand-off," and the "Manila Peninsula incident," among others. Justice secretary Leila de Lima also said admission of guilt is not at all a condition in granting amnesty. Lawmakers cited previous rulings of the Supreme Court such as in People of the Philippines vs Vera, PP vs Paculba and PP vs Pasilan, which state that those seeking amnesty should admit guilt. “It seems that under Philippine jurisprudence now … in order for a group of persons to avail of the amnesty proclamation, they should admit guilt," Iloilo Rep. Niel Tupas said during the hearing. Tupas, who is House justice committee chairman, said the PP vs Vera case stated that it would be inconsistent for someone to seek forgiveness for an act which he has not committed. “Amnesty presupposes the commission of the crime and when an accused maintains that he has not committed the crime, he cannot have any use for such proclamation," he said, quoting from the ruling. Tupas added that the admission could be done through a plea or confession “which means that the pleader admits the allegation against him but disclaims liability therefore on account of intervening fact." Resigned Brig. Gen. Danilo Lim and resigned Col Ariel Querubin, who were present during the hearing and stand as possible beneficiaries of the amnesty proclamation, both insisted that they would have stood by what they did in the past. Lim stands pat “I maintained that what we did is not without constitutional basis… I will always take pride in the sacrifices of our soldiers, for standing up against corruption, injustice and bogus election," Lim told the committee when asked by Cavite Rep. Elpidio Barzaga if the former will insist that he did not commit a crime against government. Lim was arrested and relieved of his post as commander of the elite First Scout Ranger Regiment in February 2006 for allegedly plotting a coup d’etat against the Arroyo administration. Asked if he will be doing the same thing, Lim said he is now out of the military service, and it will depend on the situation if he will support similar uprisings in the future. Reminded by Minority Leader Edcel Lagman of the SC decisions on the implication of non-admission of guilt, Lim replied that there were also other jurisprudence which states that a plea of not guilty is not a bar to amnesty. “If you are expecting me to apologize right now or to admit guilt, (I will not as) I was advised by my lawyer that my case is still pending and whatever I say now may be used against me later," Lim said. Lim and Querubin said they will apply for amnesty once the Congress concurs with Proclamation 50. What to do with recidivists Parañaque Rep. Roilo Golez, saying amnesty should be preceded by admission of wrongdoing in order not to have a relapse, asked Department of National Defense (DND) secretary Voltaire Gazmin what the AFP intends to do with recidivists, or second-time violators. Gazmin said recidivists who will apply for amnesty now will be allowed, but in the future the DND would recommend denial of amnesty. Querubin had been granted amnesty in 1989 for his participation in an earlier coup attempt against then President Corazon Aquino’s administration. Siquijor Rep. Orlando Fua, on the other hand, said an expressed admission of guilt is no longer necessary if there is an implied admission of wrongdoing. “There are two kinds of admission of guilt—expressed and implied. The application itself is an implied admission of guilt," Fua said. Querubin agreed with him. Ochoa: amnesty not automatic Executive Secretary Ochoa, for his part, clarified that the granting of amnesty will not be automatic. “There is a complete list of possible applicants but we don’t have it yet. There will be a process which will be handled by the DND and the granting of amnesty will not be automatic," he said. During the hearing, the lawmakers created a small committee, composed of the chairmen and vice chairmen of the committees on justice and national defense and the authors of the House concurrent resolution 07 concurring with Proclamation 50, to list down the proposed amendments to the order. There was no deadline set on when the proposal will be submitted to Malacañang. The concurrence of both Houses of Congress is needed before the proclamation can be implemented. Open to amendment Earlier in the day, Ochoa said President Benigno Aquino III has expressed his readiness to amend the proclamation "just to settle the issue." Ochoa said the lawmakers can list down the necessary amendments "and submit it to the President for consideration" not later than Thursday. He said the amendments on the proclamation have to deal with the “substance" of the amnesty, while procedural matters, such as processing of applications, will be up to the DND. He said the guidelines have been prepared but were not yet released pending Congress' concurrence with the proclamation. Muntinlupa Rep. Rodolfo Biazon, chairman of the national defense committee, said before Congress gives its concurrence, the lawmakers should first know the implication of the amnesty—whether it would help the government achieve peace, justice, and reconciliation. Aside from the “admission-of-guilt" requirement, the lawmakers are also asking Aquino for clarification on the proclamation’s effectivity clause and its coverage of civilian supporters of rebel soldiers. Lagman said the proclamation should be effective once the majority of the members of Congress concur, and not upon the signing of amnesty by the President as what is stated in the proclamation now. Ochoa clarified that those participants in the three incidents that were not members of the Armed Forces, or Philippine National Police personnel, for example, are considered as supporters. Senator Antonio Trillanes IV, who is a potential beneficiary of the amnesty proclamation, refused to attend the hearing out of delicadeza despite getting permission from the court. Trillanes is accused of involvement in the 2003 Oakwood Mutiny and the forcible occupation of the Manila Peninsula hotel in 2007. In October, House leaders assured the President that Proclamation 50, seeking to grant amnesty to over 300 mutineers, would become a law as more than 150 lawmakers expressed their support of it. (See: House leaders assure approval of amnesty to mutineers) Mutineers The mutineers who are covered by Proclamation 50 were involved in the following incidents: Oakwood mutiny — occurred on July 27, 2003 when 321 armed soldiers, who called themselves "Bagong Katipuneros" (New Katipuneros) took over the Oakwood Premier Ayala Center (now Ascott Makati) serviced apartment tower in Makati City. Led by Army Capt. Gerardo Gambala and then Lt. Senior Grade and now Senator Antonio Trillanes IV, the mutineers protested against the alleged corruption of the Gloria Macapagal-Arroyo administration; Manila Peninsula incident — On November 29, 2007, Trillanes, Brig. Gen. Danilo Lim, Capt. Nicanor Faeldon and other Magdalo officials walked out of their trial and marched through the streets of Makati City, calling for the ouster of Arroyo. They then headed to The Peninsula Manila Hotel along Ayala Avenue in Makati City and seized its second floor; February 2006 Marine stand-off — The Philippines was placed under a state of emergency on February 24, 2006 after the government foiled an alleged coup d'état attempt; Arroyo lifted the state of emergency on March 3, 2006.—JV, GMANews.TV