Philippine President Rodrigo Duterte had the limits of his executive power exposed after a recent botched attempt to imprison without an arrest warrant his chief opposition critic, ex-soldier Senator Antonio Trillanes.
The incident has put the populist leader at dangerous loggerheads with his security forces and could later legally redound on him through counter charges of executive abuse of power for ordering an illegal arrest.
On August 31, Duterte signed Proclamation 572 while traveling in Israel and Jordon to void an earlier amnesty granted to Trillanes, a former naval officer, for his role in two past failed coup attempts, including a chaotic 2007 mutiny staged from the downtown Peninsula hotel.
The previous Benigno Aquino administration issued the amnesty in 2011. Duterte ordered the military to arrest the coup plotter-turned-statesman and form a court martial to try and re-imprison him on the basis he didn’t lodge the proper paperwork to apply for such an amnesty.
In the past year, Trillanes emerged as the president’s chief opposition critic, accusing him of abuse of power through dictatorial policies and selling out the country to China through his soft stance on South China Sea disputes.
He has also accused Duterte’s family, including his son and former Davao vice mayor Paolo Duterte, of engaging in the illegal drug trade at a time Duterte is under international scrutiny for a drug war that has killed thousands of suspects.
In response, an outraged Duterte lashed out at the senator last September, saying, “He’s bent on destroying me, so I destroy him or he will destroy me.” Trillanes retorted that, “President Duterte wanted me killed” but couldn’t do it because of his high level ties to the military.
Trillanes, who launched two separate failed coup attempts against then president Gloria Macapagal-Arroyo, now a key Duterte ally and Speaker of the House of Representatives, challenged Duterte’s proclamation for his arrest as unconstitutional and a violation of due process.
In a political circus scene, he took refuge in the Senate’s building, where the upper house’s leadership refused to grant entry to army and police officers that were dispatched to place the former soldier under arrest for court martial.
What followed was a days-long standoff, which saw even Senate President Tito Sotto III, a political ally of Duterte, reluctantly granting refuge to Trillanes in order to preserve the “integrity and the sanctity” of the legislative body.
While holed up inside the Senate’s chambers, the media-savvy Trillanes organized press conferences where he presented multiple documents showing the validity of his amnesty.
With his characteristic vigor and conviction, Trillanes called on his colleagues in the Senate, his former classmates in the military and the broader public to stand up to Duterte’s dictatorial order.
Ex-Marine Congressman Gary Alejano, a Trillanes ally and former coup-plotter who was likewise granted a presidential amnesty, made an impassioned appeal to security services to defy Duterte’s order.
“I’m calling on the Armed Forces and the Philippine National Police that they should not follow illegal orders,” Alejano said at a press conference. “I’m reminding them that they are not the private army of this president. They are the army of the people.”
Both Trillanes and Alejano warned military officers that they could face future punishment if they follow illegal orders, “just because of one person’s [Duterte] wishes.”
After a several-day standoff, one which provoked widespread outcry of executive overreach and stirred public sympathy for Trillanes over social media, Duterte backed down to avoid further political fallout and a potential showdown with his own security forces.
Trillanes is known to have top contacts in the armed forces who often leak the senator information they want exposed in the public domain.
That includes sometimes sensitive materials on China’s unseen actions against the Philippines’ sovereign claims in the South China Sea that cast Duterte’s pro-Beijing policy in an unfavorable light.
The Philippine leader is already grappling with fast falling approval ratings amid a surge in inflation and a general deterioration of the economy.
Local pollster Social Weather Station’s recent survey showed that Duterte’s approval rating plummeted by 8 percentage points in the second quarter, falling to a new low of 57% from a high of almost 80% soon after his mid-2016 election. The Trillanes affair, critics say, has underscored his weakening grip on power.
One week after Duterte issued his proclamation against Trillanes, Presidential Spokesman Harry Roque announced that, “After a long discussion, the president says he will abide by the rule of law. He will await the decision of the regional trial court if they will issue a warrant of arrest.”
Upon his return from abroad, Duterte tried to wash his hands of the incident by corroborating Trillanes’ claim that the mastermind behind the proclamation was Solicitor General Jose Calida.
Calida engineered the ouster of another staunch Duterte critic, former Supreme Court chief justice Maria Lourdes Senreno, earlier this year through a controversial and potentially illegal quo warranto complaint.
Trillanes claimed that Calida sought to block the senator’s investigations into the solicitor general’s alleged abuse of power in the case as well as allegations Calida’s security firm has benefitted from various multi-million-dollar government contracts.
On September 9, Armed Forces Chief of Staff Carlito Galvez Jr warned “every soldier, airman, sailor, and marine not to meddle or take part in partisan politics. Our loyalty is to the constitution,” he said. “I command the troops to adhere to the rule of law and always obey the chain of command.”
The military reportedly played a critical role in sabotaging Duterte’s warrantless arrest effort by leaking a series of documents to the media which showed the legal validity of Trillanes’ amnesty.
The military position was in line with the Integrated Bar of the Philippines, which characterized the proclamation as running “roughshod” over the constitutional guarantee against double jeopardy whereby no person shall be held to answer twice for the same criminal offense.
The influential legal body accused the government of “mischief” and abuse of power over the incident.
Similar accusations were made over the February 2017 arrest of another critical senator, former justice minister Leila de Lima, who was an early vocal critic of Duterte’s drug war and is still languishing behind bars on what many view as trumped up drug charges.
De Lima, however, lacked Trillanes military connections and protection. Defense Secretary Delfin Lorenzana claimed on September 10 that he wasn’t consulted by Duterte on the proclamation against Trillanes and confirmed that Calida was behind the controversial order.
Lorenzana said in relation to the contested proclamation that “anything that doesn’t follow due process should be rectified.”
Time will tell how the courts respond. In a September 11 ruling, the Supreme Court rejected Trillanes demand for a temporary restraining order against any arrest, but made it clear that the senator cannot be arrested without a warrant issued by lower courts which are yet to decide on the issue.
So far Duterte has been the clear political loser in the tussle with Trillanes, who despite his controversial personal history of trying to overthrow elected governments has won the hearts and minds of Filipinos for his strong defiance of Duterte’s authoritarian and some say lawless ways.
Guillermo Defred Cherlien anong trabaho ng sinador ang ginagawa nya…senators should legislate the constitution not criticize even without live and real evidence
Joey Librea Bautista….ung trabaho ng senador un ang ginagawa nya…si dutae ba ginagawa trabaho ng presidente? bakit mahal ang bigas, karne at gulay….
Joey Librea Bautista….ung trabaho ng senador un ang ginagawa nya…si dutae ba ginagawa trabaho ng presidente? bakit mahal ang bigas, karne at gulay….
Art Bathala si duterte abogado….ikaw BOBO, troll ka ng ina mo!
Art Bathala si duterte abogado….ikaw BOBO, troll ka ng ina mo!
Bias reporting. Who talk to China’s top brass in the first place for five times or more.
Joey Librea Bautista, Gusto mong malaman kung ano ang accomplishements ni Sen. Trillanes. Ito oh..
During his five-year sea duty experience, his unit apprehended dozens of smugglers, illegal loggers, poachers, human smugglers and illegal fishermen in numerous maritime law enforcement operations conducted in the waters off Batanes, Ilocos, Cagayan, Isabela, Zambales, etc. BASAHIN MO YANG MAIGING MGA NAKAWA NI Sen. Trillanes…..
Bills Passed into Law (Senator Trillanes)
1. Joint Resolution No. 5: Increasing Subsistence Allowance of Uniformed Personnel (Principal Author and Principal Sponsor)
2. RA 10349: New AFP Modernization Act (Principal Author)
3. Congressional Joint Resolution No. 4: Salary Standardization Law 3 (Co-Author)
4. RA 10627: Anti-Bullying Law (Principal Author)
5. RA 9522: Archipelagic Baselines Law (Principal Author)
6. RA 10591: Gun Control Act (Principal Author
7. RA 10154: Immediate Release Of Retirement Benefits Of Government Employees (Principal Author and Principal Sponsor)
8. RA 10589: Anti-Corruption Month Act (Principal Author and Principal Sponsor)
9. RA 10649: Burial Assistance (Principal Author and Principal Sponsor)
10. RA 9679: Expanded Pag-Ibig Fund Coverage (Co-Author)
11. RA. 9994: Expanded Senior Citizens Act (Co-Author)
12. RA 10070: Magna Carta For Disabled Persons (Co-Author)
13. RA 9502: Cheaper Medicines (Co-Author)
14. RA 10653: Php75,000.00 Cap For Income Tax Exemption Of The 13th Month Pay/Other Benefits (Co-Author)
15. RA 10645: Providing for the Mandatory Phil Health Coverage for All Senior Citizens (Co-Author)
16. RA 10606: National Health Insurance Act Of 1995 (Amended) (Co-Author)
17. RA 10586: Anti-Drunk And Drugged Driving Act Of 2013 (Co-Author)
18. RA 10664: Armed Forces of the Filipino Week (Principal Sponsor)
19. RA 10364: Expanded Anti- Trafficking In Persons Act (Principal Author)
20. RA 10535: Philippine Standard Time Law (Principal Sponsor and Co-author)
21. RA 9828: Military Service Board (Co-Author)
22. RA 9708: PNP Education And Promotions Act (Co-Author)
23. RA 9500: University Of The Philippines Charter (Co-Author)
24. RA 10121: Philippine Disaster Risk Reduction And Management System Act Of 2010 (Co-Author)
25. RA 10350: Philippine Interior Design Act Of 2012 (Principal Author and Principal Sponsor)
26. RA 10657: Chemistry Law of 2013 (Principal Author and Principal Sponsor)
27. RA 10166: Geology Profession Act Of 2012 (Principal Author and Principal Sponsor)
28. RA 10588: Palarong Pambansa Act Of 2013 (Principal Sponsor and Co-author)
29. RA 10587: Environmental Planning Act Of 2013 (Principal Sponsor and Co-author)
30. RA 10176: Arbor Day Act Of 2012 (Principal Author)
31. RA 10024: Philippine Respiratory Therapy Act Of 2009 (Principal Author)
32. RA 9993: Philippine Coast Guard Law (Co-Author)
33. RA 10659: Sugarcane Industry Development Act Of 2014 (Co-Author)
34. RA 9593: Tourism Act (Co-Author)
35. RA 10071: Prosecution Service Act (Co-Author)
36. RA 10152: Mandatory Infants And Children Health Immunization Act Of 2011 (Co-Author)
37. RA 10173: Data Privacy Act Of 2012 (Principal Author)
38. RA 10084: Survivor Benefits Payment Of COA, CSC, COMELEC, And Ombudsman Deceased Retired Members (Co-Author)
39. RA 10066: Natural Cultural Heritage Act Of 2009 (Co-Author)
40. RA 10029: Philippine Psychology Act Of 2009 (Co-Author)
41. RA 10054: Motorcycle Helmet Act of 2009 (Co-Author)
42. RA 10635: Establishing MARINA as the Single Maritime Administration responsible for the Implementation and Enforcement of the STCW Convention (Principal Sponsor and Co-author)
43. RA 10650: Open Learning and Distance Education Act of 2014 (Co-Author)
44. RA 10156: Conferring upon members of the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan the Appropriate Civil Service Eligibility (Co-Author)
45. RA 9646: Real Estate Service Act (Principal Sponsor and Co-author)
46. RA 10668: Carriage of Foreign Container Vans (Cabotage Law) (Principal Author)
47. RA 10667: Fair Competition Act of 2014 (Co-Author)
48. RA 10638: Extending the Corporate Life of the Philippine National Railways for Another Fifty (50) Years (Co-Author)
49. RA 10644: An Act Promoting the Reduction of Poverty through the Development of Micro, Small and Medium Enterprises (Co-Sponsor
George Uy.. it may not happen kasi malapit na yan kunin ni Lord RIP PD30…
Dear writer, do you mean to say what keeping Trillanes awake at night? He has never won the hearts of the Filipino people but rather the frustration of the Filipino people about the previous administration’s. Either you got it all wrong or you are an anti Duterte trying your best to destroy the Duterte administration. I think the latest SWS survey showing 84% satisfaction is enough to keep Duterte snoring at night while Trillanes keeps on looking at his window for those soldiers keeping an eye on him. What yeah think?
Mam ano po nagawa na ni trilianes sa pinas? Talaga po bang mhusay sya bilang pinuno ng bansa.
PWEDE BA PAKIBIGAY NG LIST NG NAGAWA NI TRILILING SA PILIPINAS.? MASYADONG SIKAT YANG SI TRILILING EH WALA NAMAN GINAGWA KUNDI ANG MANGGULO. SINO GUSTO NYO PRES. SI TRILILING..NAKU PO AANAYIN ANG PINAS
Art Bathala ang Dapat mong pagtuunan ng pansin ay ang paghihirap sa traffic at ang mahal nabilihin. As bayan tayo!
Not true
Shot up asia times you dont actually knew what is really happened in the philippines problem. You cannot just say in favor of trillianes who is the person of not doing good things to all Pilipino people rather doing bad things and destabilizing the present goverment that are trying to resolved stuborn problem such as corruptions, drugs, criminals and injustice from abusing power of the authority. He is the person that allies to the LP which stands the critics of the present administration that we even knew that they are the lefters that continiously destabilizing the present government and not accepting the reality that they are the losser and their supporters ended up dew the reasons that they dont have nothing good deads but rather than continiously corrupt the government and protect the oligarchs while the LP are in power but instead the corruptions, criminality and abuse of power proven to all the people of the philippines and outside in the country… All people of the philippines are really tired of this LP members who are not sports in politics and not satisfied with what they have as an outcome of their supporters that already loose and vanish due to their poor and bad performance….
Dominador Doctolero Yolanda victim ba kamo? naglabas na ang COA report..itanong mo kay Romualdez at kay gongdi kung saan nila dinala ang pondo..at sa dengvaxia, wala matibay na katibayan na ang mga namatay sa di umano ay dahil nga sa dengvaxia, kung meron man may pananagutan din ang poon mo dahil ang mga namatay ay under ng kanyang administrasyon binakunahan. at ang SAF 44 ba? eh diba kasama sa pagiging Pulis ang nasa hukay ang isang paa a anytime pwede sila mamatay. Yan ang sinumpaan nilang tungkulin. at kung may dapat managot walang iba kundi ang SAF Commander sa panahong iyon.
Susan Reyes sayang pag punta ko dyan di kita nakita
Tolits Mercado in ur dreams!!!
Hahaha in ur dreams!!!
Laban sa maling adhikain na puro embento paraan para manira ng ibang tao sana bkit hinde nya kinakaholan ang nakaraan adminitrasyon aquino sa daming maling pamamalakag tungkol sa denvaxcia na kumitil ng batang estudyante yong SAP 44 bkit hinde nya pinagtuonan ng pansin yon sa yolanda victim kidapawan massacer bkit hinde nya kinakaholan sa senado ang mga sankot dito.
It is exhausting legal remedies, not abuse of power. Trillanes, on the other hand, is exhausting media coverage and coercing military connections. Abangan!