Court to act on gov’t, Trillanes’ motions on amnesty soon: Judge

FILE: ARRESTED. Mugshot of Senator Antonio Trillanes IV after undergoing booking procedures at the Makati police station on Tuesday (Sept. 25, 2018). (Photo courtesy: Makati City Police Headquarters Warrant Section/PNA)

MANILA — The Makati Regional Trial Court (RTC) is set to act soon on the motions for reconsideration filed by both the government and Senator Antonio Trillanes regarding his amnesty.

“The people’s motion for partial reconsideration and Trillanes’ similar pleading are now considered submitted for resolution,” Judge Andres Soriano of Branch 148 of the Makati RTC said in an order.

Likewise, during a trial on Friday, Trillanes’ counsel Reynaldo B. Robles filed a reply to the opposition filed by state lawyers on Trillanes’ motion for partial reconsideration.

Government lawyers last Monday formally opposed the motion for partial reconsideration filed by defense lawyers before the court.

In the six-page plea, the Department of Justice (DOJ) panel, led by Senior State Prosecutor Juan Pedro Navera, reiterated its position that Trillanes’ pronouncements that he did not admit guilt in the coup d’ etat charges invalidated his amnesty.

“(E)ven if accused Trillanes did file an application for amnesty, his subsequent public pronouncement that he did not admit guilt should be taken against him, and this should have been considered an express withdrawal of that application,” the DOJ said.

“The State cannot be estopped nor be held hostage by the misrepresentations of accused Trillanes. The application and enforcement of the law by public officers do not bar subsequent application by the State,” it added.

Describing the nature of amnesty, the DOJ said it is “an act of clemency, which is an executive function.”

The justice department also pointed out that Trillanes was accorded due process and explained that the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) were ordered to employ lawful means to apprehend him.

“Necessarily, therefore, any action that the State agents can take against accused Trillanes will be available only after going through the lawful processes of this court,” the DOJ said.

Prosecutors also insist that the partial motion for reconsideration of Trillanes is filed out of time, as it was filed 13 days from the receipt of the order.

“Thus, having been filed out of time, it is a mere scrap of paper,” the DOJ said.

Soriano upheld the validity of Proclamation No. 572, declaring as void the amnesty granted to Trillanes, but said he could no longer order Trillanes’ arrest under the legal principle of immutability of a final judgment.