Saturday, August 09, 2008 Pre-trial of Trillanes, 16 others in standoff deferred
A MAKATI court hearing the rebellion case of detained Senator Antonio Trillanes IV, Army Brigadier General Danilo Lim and 15 other Magdalo soldiers involved in last year’s Manila Peninsula siege postponed anew Friday the pre-trial of the case citing the unresolved motion filed by the Department of Justice (DOJ) and the defense panel.
It was the fourth time Makati Regional Trial Court (RTC)-Branch 150 Judge Elmo Alameda cancelled the scheduled pre-trial of the case since it was filed December last year.
The pre-trial of the rebellion case was earlier postponed last April 23, June 4 and July 7.
The hearing on August 13 will be cancelled and pursued instead on October 22, Alameda said in open court during the hearing.
Defense lawyer Ernesto Francisco Jr. filed last May 30 a motion asking Alameda to direct the prosecution and the police to copy furnish documents in their possession that can be marked as evidence for the defense.
Francisco also questioned before the Court of Appeals (CA) the finding of probable cause against the accused by the DOJ. The appellate court has yet to rule on the petition.
Alameda granted the motion but the panel of investigating prosecutors led by Senior State Prosecutor Emmanuel Velasco together with Philippine National Police-Special Action Force (PNP-SAF) Chief Leocadio Santiago both manifested that they did not have in their possession the documents requested for production by the court.
This prompted Francisco to file anew the same motion last August 5, but this time asked Alameda to direct PNP-Criminal Investigation and Detection Group (CIDG) Chief Asher Dolina to produce original and complete copies of the Booking and Information Sheets or Reports prepared in connection with the November 29 incident for Trillanes and his 16 co-accused.
Meanwhile, Velasco also filed last June 18 an ex-parte motion urging Alameda to likewise indict former Marine Privates First Class Monchito Lusterio and Josil Regulacion and former Army Master Sergeant Elmer Colon for rebellion charges.
In the motion, Velasco cited a DOJ resolution finding probable cause to indict the three discharged military officers for rebellion.
He added that the three, who accompanied the Magdalo soldiers during their walk-out of a coup d’etat hearing before another Makati court last November 29 to the Manila Peninsula Hotel, should be considered as among the accused in the case.
As such, Velasco said the DOJ would like the court to amend the criminal case and include as additional respondents.
Colon, wearing a hair wig and a Magdalo armband, reportedly provided security to the Magdalo Group, led by Trillanes and Lim, during the hotel siege.
On the other hand, Lusterio and Regulacion were seen accompanying renegade Marine Captain Nicanor Faeldon before he escaped authorities at the height of the six hours standoff.
To settle the ex-parte motion, Alameda gave the defense 10 days to submit their opposition. (AH/Sunnex)
