MALACAÑANG said it respects the refusal of a Makati court to issue a warrant for the arrest of opposition Senator Antonio Trillanes IV in connection with his dismissed coup d’ etat case.
Presidential Spokesperson Salvador Panelo said the executive branch would not "unfairly appeal" to public's "pity," stressing that it would address Trillanes's case in the proper forum.
"While the Office of the President has yet to receive a copy of the ruling issued by the Regional Trial Court of Makati and conduct a thorough study thereof, we respect its denial on the motion submitted by the Department of Justice for the arrest of Senator Antonio Trillanes IV in relation to his criminal charge for coup d'etat," Panelo said in a statement issued shortly after the court released its resolution on Monday afternoon, October 22.
"The Palace respects the constitutional independence of the Judiciary and it will continue to do so. As we have said, the Executive Branch has and will always bow down to the majesty of the law, and it will not think twice in doing the same for this particular case," he added.
Trillanes, a former Navy officer, took part in the Oakwood mutiny in July 2003 and the Manila Peninsula incident in November 2007.
The Makati Regional Trial Court (RTC) Branch 148, which tried and dismissed Trillanes's coup d'etat case over the 2003 Oakwood mutiny, rejected the Department of Justice's (DOJ) petition to issue an arrest warrant and travel ban against the senator based on Proclamation 572.
However, the court upheld the validity of Proclamation 572, which declared as void ab initio the amnesty granted to Trillanes for allegedly failing to submit an official amnesty application and admit his guilt.
Proclamation 572 was signed by President Duterte on August 31, 2018, but made public on September 4, 2018. It ordered the senator’s arrest and directed the courts and the Armed Forces of the Philippines to revive charges against Trillanes.
In his ruling released Monday afternoon, Makati RTC Judge Andres Bartolome Soriano said the dismissal of the coup d’ etat case against Trillanes has become final and executory.
"Given its findings, both on the legality of Proclamation No. 572 and its factual bases, the Court finds no reason to disturb the doctrine of immutability of a final and executory judgment," the Makati RTC Branch 148 said.
Panelo said the Palace welcomed the Makati court's move to affirm the validity of Duterte's proclamation, adding that the decision merely proved that the administration "is not engaged in the political persecution of its critics but is only enforcing the law against anyone who goes against its command."
"The ruling of the court already suggests that this case is unique. Insofar as we are concerned, however, the first jeopardy has not yet been validly terminated since the dismissal of the case for coup d' etat was based on a void executive grant," he said.
"Therefore, existing legal remedies under the law may be availed of, considering especially the said court’s confirmation that Presidential Proclamation No. 572 (s. 2018) is legal," he added.
Another court, Makati RTC Branch 150, ordered on September 25 the arrest of Trillanes for the revived case of rebellion related to the 2007 Manila Peninsula siege. He posted bail on the same day.
Trillanes took refuge at the Senate for nearly a month, beginning September 4. He went home a day after posting bail.
Panelo said Duterte's office would let the DOJ or the Office of the Solicitor General take the next legal course, in a bid to address the issue involving Trillanes.
"Accordingly, we will leave it to these offices to evaluate the available remedies, as well as to determine which steps may be endeavored, before the appropriate courts of law," he said. (SunStar Philippines)