The Supreme Court (SC) on Thursday said the proclamation revoking the amnesty granted to former Senator Antonio Trillanes IV was unconstitutional.

In a decision dated 3 April and penned by Associate Justice Maria Filomena D. Singh, the SC en banc said a president could not unilaterally revoke an amnesty without Congress’ concurrence.

The SC decision pertained to Proclamation 527, which revoked the amnesty granted to Trillanes for his participation in attempts to overthrow the Arroyo administration, for which he faced rebellion charges.

Grounding its ruling on the primacy of the Bill of Rights, the SC reaffirmed the principle that no one, neither the government nor its officials, including the President, is above the law.

It explained that revoking the amnesty granted to Trillanes long after its finalization and without prior notice violated his constitutional right to due process.

The High Court added that Proclamation 572 — which sought to revive the criminal cases against Trillanes after they had been dismissed — infringed upon his constitutional protections against ex-post facto laws and double jeopardy.

It said that convincing evidence was found that Trillanes had applied for amnesty.

The SC also criticized the executive branch’s “selective revocation” of Trillanes’s amnesty, highlighting a breach of his right to equal protection under the law.

“The decision underscores the importance of balancing presidential prerogative with a citizen’s rights, stressing that the Constitution and laws serve as the Court’s guiding principles,” the SC said.

To recall, Trillanes’ rebellion case was dismissed in 2011 following the amnesty granted by then-President Benigno Aquino III.

However, Aquino’s successor, Rodrigo Duterte, issued Proclamation 572 revoking the amnesty, alleging that Trillanes did not comply with the amnesty requirements when he failed to admit his guilt.