President Noynoy Aquino has ordered the Secretary of Justice to review the coup case against incarcerated senator Antonio Trillanes IV because he believes that whatever it was that Trillanes committed, it wasn’t coup d’etat:
“Trillanes was first incarcerated by virtue of the charge of participating in a coup. However, if you review the Revised Penal Code, there is a provision that says a coup is committed if there is a swift, violent attack. Then there’s an enumeration. The enumeration does not include a hotel,” he said at the inauguration of the Philippine National Police School of Values and Leadership (SVL) in Subic Freeport Zone, Zambales.
I was really prepared to give Mr. Aquino the benefit of the doubt. When people were snickering because he was late for appointments after refusing to use “wang-wang”, I found the tardiness endearing. And now, this.
Below is the Revised Penal Code provision that defines coup d’etat:
Article 134-A. Coup d’etat; How committed. — The crime of coup d’etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power.
President Aquino claims that the enumeration does not include hotels. And he’s correct. But the actions of Trillanes at el. were still directed against “duly constituted authorities of the Republic of the Philippines” (the group read a statement during the seize and they were very clear about why they occupied the hotel and WHY) which, in the law, is followed by the word OR and then the enumeration.
What part of OR is difficult to understand? The word OR is not the same as AND so the congruence of “directed against duly constituted authorities of the Republic of the Philippines” with the enumerated facilities is NOT necessary in the commission of coup d’etat. It’s EITHER OR. But a combination of both also falls within the EITHER OR definition. That was in my Introduction to Logic course in first year college. That was in my Statutory Construction course in first year in the College of Law.
Okay, so not everyone took Logic and Stat Con. But, the thing is, the Chief Executive’s job does NOT include the interpretation of the law. That is a job for the courts. That’s the reason for separation of powers and that is why those in the Judiciary must possess certain qualifications that translate to competence to interpret the law.
Rumors abound that the reason for wanting Trillanes freed is to allow him to vote for the Senate Presidency. Rumors abound that President Aquino is supporting the bid of Senator Francis Pangilinan. Not too long ago, there was a tiff within the Liberal Party and Senator Franklin Drilon was said to be unhappy because Kris Aquino was pushing for Pangilinan’s bid. The division within the party was allegedly strengthening the bid of losing presidential candidate Manny Villar.
The inevitable question now is: If the jaw-dropping interpretation of Article 134-A of the Revised Penal Code is, in fact, an attempt to get an additional vote in favor of Francis Pangilinan, then, just how powerful is Kris Aquino in this administration? Powerful enough to cause a re-definition of a law?
…just how powerful is Kris Aquino in this administration?
my silent thoughts exactly. Now that you let it out in the open, I have no doubts anymore and the thought just makes me shudder.
I’m not a lawyer but the law is very clear on this. Wag lang sana mangyari na sya ang presidente na maulit itong ganitong pangyayari. Antayin ko ang sasabihin nya.Hindi ba nya naiisip ang perwisyo na ginawa ng mga ito sa ordinaryong tao. I was in Makati Ave and I saw these men in uniform marching with Guingona inviting people to join the march. The feeling was way different from what I felt during the Edsa Revolution.
One of the most glaring cases of the Aquino administration “accommodating” law breakers for its political purposes.
Worse, it was at the prodding or machination of Kris Aquino. Even if she has quit being on TV, she has moved into politics instead. We’ve were just shoved from the frying pan into the fire!
I guess we will never see the separation of The Church, The State and Showbiz…. P-Noy wants to please everybody whether they are right or wrong. This early I don’t see any progress of us getting being de classified as a Third World Country. I try to be as positive as I can but I am not seeing any professionalism, intelligence nor common sense in the present government.
Well, This early I don’t see any progress of us getting being de classified as a Third World Country.
And that is why there is wisdom in the saying “Less talk, less mistakes.”
Separation of state and showbiz… Joke of the century for our country when Noynoy was elected…
Just like Irn, I’m trying to be positive as I can as regard to Noynoy being elected as president of our country. He was inaugurated last June 30 and he’s president for not more than a month – 17 days up to today to be exact.
Maybe we should not expect too much from him on his start-up. Praktis pa lang nya yung wang-wang as his breakthrough accomplishment for a start. Perhaps, the way he sees it, mababaw lang naman ang kaligayahan ng mga bumoto sa kanya. Samahan ko lang ng GMA’s promise of corruption prosecution, sabog-ihe na silang laha sa kaligayahan.
I hope I’m wrong in my speculation that this guy has a handler…
And how does the president define the actions committed by Trillanes and his cohorts?
They nearly sabotaged the economy, and it was an embarrassment of the nth degree to show the world
that to overthrow a corrupt government is as easy as camping first in the comforts of Oakwood Hotel and then holding locals, foreigners, including the then australian ambassador?
If that is not military adventurism then what? as early as now, I am starting to doubt the capacity of the president to understand the repercussions brought about by these guys. Regardless if Gloria stole the presidency or not, what they (Trillanes et al) did was an element of uprising.
And please lang, the “wang wang” thing is superficial. He is the president and he has all the right to make use of it and if needed counter flow the roads to get to his destination. Sa akin lang naman, he needs to be secured at all times. Well, unless he wants to be assassinated like his father, the revered Ninoy, and subject the country to chaos one more time? I know the Aquino family has sacrificed enough blood for the country and we appreciate that, but we are way done the era of martyrs diba? We can show determination by doing it the other way around: let’s start with the Marcoses, Luisita, Erap and Gloria? to me that makes more sense than all the motherhood statements churned by his speech writers.
The president certainly needs an intelligent wife who also cooks well and not a sister to derange his way of thinking.
Connie, I am sorry for ranting. This is the only place I read objectivity and where I can express my opinion.
Please go back to the broadsheets.
“Please go back to the broadsheets.”
The curious thing is when I don’t have to deal with word count and cuss words (and I had to do both when I was a columnist), I write so much better.
Who knows? Maybe Trillanes and Kris are secretly dating.
Kris wants married men and there’s a reason why she divorced Yap. hahahaha
Kris and Trillanes should fly off to Patagonia for good.
Somehow I feel that Noynoy’s supporters deserve to take in the stench when his sh*t finally hits the fan. As for us who didn’t vote for him–too bad we can’t all live in a zone where we won’t be affected by his slip-ups.
Was Trillanes convicted of any crime? Ever heard of the idea called “presumption of innocence”? Of course, you should have.
The president has the power to order the DOJ to review a case, especially if a highly political case has spanned a juicy seven years for what you were implying a clear act of a coup d’etat.
Plus, you have the qualms to read the law in a “black or white” manner, ignoring any political context and simply calling a spade, a spade. Oh I forgot, they never teach you how to think critically in law school.
Are you sure Noynoy himself “interpreted” the law? Or did he seek advice from the lawyers surrounding him, or maybe one of Trillanes’ lawyers told him that. Failed to read anything deeper, perhaps?
AH hello? Ever heard of TRIAL STILL ONGOING?
And since you obviously missed the entire point of the entry — this is not about Trillanes’ guilt or innocence but about an attempt to gain an additional vote for the Senate presidency.
Didn’t they teach you plain English in college?
Maybe you should ask him to refund for what he paid in his English units.
I would say that he should ask for the refund for the whole course.
Jeez, that is always the problem with drive-by commenter…
It sounds like an idiotic paradox. Trillanes was allowed to run as a Senator in the first place while on trial when he wouldn’t be able to exercise all of his privileges granted by that position then the law wouldn’t allow to reconsider his case while the trial going on for 7 years while being detained? Speedy justice where are you?
The legal and justice system was a real hot mess.
Who says the law doesn’t allow a reconsideration of his case? Even convicted felons (and Trillanes hasn’t been convicted yet) can appeal their conviction. Let’s not muddle the issue. The law that allowed Trillanes to run is not the same law that defines how a coup d’etat is committed. And the President is injecting an interpretation of that law that goes against its simplest literal meaning.
yan ang hirap pag nagaabugado-abugaduhan ang mga hindi abugado e…
o pag nagmamarunong ang di totoong marunong na abugado…
o pag feel na feel dumakdak sa media maski may press secretary o spokesperson na…
…nagba backfire tuloy ang mga pinagsasasabi
He could have just said he has asked the DoJ to review the case, period. But to pre-empt…?? And to shape the mind set of the public. Gee, considering how many believe in him, how many see him as the scion of a family that can never do wrong… hay, naku, the implications and repercussions are just too terrible.
Too late for me to join the discussion.
But then, Sass, your comments are superb. Bravo!
Never in my dream I can replicate something similar with what you’ve commented.
Contractual and casual govt employees are worried sick to their stomachs due to the uncertainty of their jobs and the president is busy doing what?!
omg. he really said that?
i’m a law student, by the way, and noynoy questioning the absence of hotels in Art 134-A is just plain hilarious.
Yep, he did. In a speech, no less.