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Aquino ally: Palace shouldn't have issued 'imprecise' amnesty proc


Administration ally Senator Teofisto Guingona III on Monday said Malacañang should not have issued the proclamation granting amnesty to mutineers if it would eventually withdraw it for being "imprecise." In an interview with reporters, Guingona pointed out that under Section 5 of Proclamation No. 50, the grant of amnesty "shall take effect immediately" upon the president's signing of the proclamation. This, despite the fact that under the 1987 Constitution, the concurrence of Congress is necessary for the amnesty to take effect. "It is quite frustrating. Be more precise in your legal craftsmanship. Kailangan pag-aralan ninyo mabuti (You have to study that properly)," Guingona said, addressing certain people in Malacañang. Guingona, who heads the Senate committee on peace, unification, and reconciliation, said the Senate was supposed to take up the chamber's resolution concurring with Proclamation No. 50 in plenary session on Monday. However, he said Executive Secretary Paquito "Jojo" Ochoa Jr. called him over the weekend to tell him that the Palace will issue a new amnesty proclamation to give way to some amendments. Guingona said he does not know what specific portions of the proclamation will be amended by the Palace but said it should have thought about these things before it was issued. "I would say it's imprecise. Since they're going to amend it anyway, it might as well make it as precise as possible," he said. Ironically, when Guingona's committee held a hearing on the matter last month, it approved the resolution concurring with President Benigno Aquino III's proclamation. Section 5 of the proclamation was never challenged. (See: Senate panel OKs resolution on amnesty proclamation) Like Guingona, lawmakers at the House of Representatives have asked the President for clarification on:

  • the effectivity clause, and
  • the identities of the "supporters" of the rebel soldiers who will also be covered by the amnesty. Enabling impunity? Meanwhile, opposition Senator Joker Arroyo, in his dissenting opinion, said the amnesty proclamation also does not state whether the beneficiaries should at least show some remorse or admit guilt for participating in attempts to overthrow the government. "Will this amnesty truly benefit the country? Will this deter military adventurism in the future? Far from it — it enables impunity and promotes recidivism," he said. Arroyo likewise questioned Section 2 of the proclamation which says that an ad hoc body under the Department of National Defense (DND) will be tasked to receive and process the amnesty applications. "Presumably, the DND was chosen because the beneficiaries of the amnesty are active and former personnel of the Armed Forces of the Philippines. Partiality in the offing? Hometown decision?" he said. Guingona noted, however, that it's up to Malacañang whether it will address the dissenting opinion to the proclamation. "They should consider it, as to whether they should include it, that's their call," he said. Cory admin's amnesty proclamation Meanwhile, Senate President Juan Ponce Enrile said Malacañang should have patterned its proclamation on the amnesty proclamation issued by the late President Corazon Aquino during her administration. "Maybe they did not realize that when she issued that amnesty proclamation she was both the chief executive and at the same time the legislator because that was issued under the revolutionary Constitution," Enrile said in a separate interview. He noted, however, that the public must accept the fact that the Aquino administration is young and has to go through the "morals" of the administrative issuances that they should use. "They’re only human beings, we have to give some leeways. Nobody’s perfect. If human beings perfect this world will be a perfect world," Enrile said. Waiting for the proclamation Guingona said he will reserve judgment on the amended proclamation when it finally comes out. "We would like to pass judgement and debate when we have it (the new proclamation) infront of us, when we have the specific amendments," he said, Guingona noted, however, that he is still confident that there's still enough time for Congress to concur with the amnesty proclamation before the end of the year. He said that if the Palace can come out with the proclamation on Wednesday, they will be able to conduct a committee hearing on it the week after. In October, Aquino signed Proclamation No. 50 which will grant amnesty to 300 soldiers who went against the Arroyo administration in 2003, 2006, and 2007. Among the beneficiaries of the amnesty proclamation is detained Senator Antonio Trillanes IV, who is facing coup d’etat charges before the Makati Regional Trial Court (RTC) branch 148 and rebellion charges before the Makati RTC branch 150. Proclamation No. 50 Proclamation No. 50, issued on October 11, grants amnesty to all active and former personnel of the Armed Forces of the Philippines (AFP) and their supporters, who committed acts or omissions punishable under the Revised Penal Code, the Articles of War or other special laws related to the following: the July 27, 2003 Oakwood Mutiny; the February 2006 Marines Stand-Off; the November 29, 2007 Manila Peninsula Incident, and/or related incidents "provided that amnesty shall not cover crimes against chastity and other crimes committed for personal ends." 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. — RSJ/VVP, GMANews.TV