Supreme Court denies Trillanes TRO petition

MANILA. Senator Antonio Trillanes IV (left) attends a session at the Philippine Senate in Pasay City where he continues to be holed up on Monday, September 10, 2018. (AP)
MANILA. Senator Antonio Trillanes IV (left) attends a session at the Philippine Senate in Pasay City where he continues to be holed up on Monday, September 10, 2018. (AP)

THE Supreme Court (SC) on Tuesday, September 11, cleared the way for the implementation of Proclamation 572 as it denied the petition of Senator Antonio Trillanes IV for a halt order.

"Wherefore, the prayer for the issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order of petitioner Senator Antonio “Sonny” Trillanes IV is denied,” the dispositive portion of the Supreme Court’s decision reads.

Proclamation 572, signed by President Rodrigo Duterte on August 31, declared the amnesty granted to Trillanes as void from the beginning, ordered his arrest and directed the Department of Justice and Armed Forces General Court Martial to pursue criminal and administrative charges against the senator.

Trillanes was charged for involvement in the Oakwood Mutiny in 2003 and the Manila Peninsula Siege in 2007.

According to the SC, the issues of whether or not Trillanes had filed for an application for amnesty and whether or not he admitted his guilt for the crimes he had committed are factual in nature, the case should be tried by the Court of Appeals or a trial court.

It also said that it is "appropriate that the Makati RTCs be given leeway in exercising their concurrent jurisdiction to hear and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation No. 572, Series of 2018."

Last week, the Departament of Justice filed a very urgent motion before the Makati Regional Trial Court Branch 148 and 150 for the issuance of an alias warrant of arrest and hold departure order against Trillanes.

Branch 148 will hear the petition on September 13 while Branch 150 has set a hearing for September 14.

The SC said there is no extreme and urgent necessity for it to issue a temporary restraining order as it noted President Rodrigo Duterte’s statement that he will wait for the court ruling on the issue.

"The Court takes judicial notice of the categorical pronouncement of President Duterte that Senator Trillanes will not be apprehended, detained or taken into custody unless a warrant of arrest has been issued by the trial court; and, thus, there is no extreme and urgent necessity for the Court to issue an injunctive relief considering that the respondents have acknowledged Senator Trillanes' right to due process,” the SC decision stated.

The SC has directed Executive Secretary Salvador Medialdea, National Defense Secretary Delfin Lorenzana, Interior and Local Government Secretary Eduardo Ańo, Justice Secretary Menardo Guevarra, Armed Forces of the Philippines Chief of Staff Gen. Carlito Galvez Jr. and Philippine National Police Chief Gen. Oscar Albayalde to file its comment within 10 days.

Associate Justice Antonio Carpio, Marvic Leonen, Noel Tijam and Alexander Germundo were on leave when the decision was rendered.

Sought for a comment, Guevarra welcomed the High Court's decision.

“The DOJ is very happy to know that the Supreme Court has denied Senator Trillanes’ application for a restraining order. There is really no extreme urgency to speak of, as the trial courts have set the DOJ’s motions for alias warrant of arrest and HDO for hearing, thereby giving Senator Trillanes an opportunity to be heard,” he told reporters.

“More significantly, the Supreme Court has recognized that the issue of validity of Proclamation 572 involves factual questions that only the trial courts may properly resolve. In the process, the Supreme Court has also acknowledged the trial courts’ continuing jurisdiction over the coup d’ eta’t and rebellion cases, notwithstanding the alleged ‘finality’ of the orders of dismissal based on the grant of amnesty to Senator Trillanes,” the justice chief added.

Solicitor General Jose Calida, meanwhile, echoed Guevarra's remarks.

"The OSG (Office of the Solicitor General) is elated that no less than the Supreme Court has acknowledged that Proclamation 572 afforded Mr. Trillanes due process. Hence, the high court found that there is no extreme and urgent necessity for the Court to issue injunctive relief,” Calida said in a statement.

Trillanes, a former Navy captain, is facing charges, including coup d'état, for leading uprisings against the government. These are the mutiny at the Oakwood Premiere Hotel in Makati on July 27, 2003 and the Manila Peninsula siege on November 29, 2007.

The coup d'état case that was filed against the senator is a non-bailable offense and has a penalty of life imprisonment. (SunStar Philippines with PNA)

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