DOJ chief welcomes hearing on Trillanes amnesty issues

“The DOJ (Department of Justice) does not have any problem with Judge Soriano’s desire to study the issues further,” Guevarra told reporters.
(TOTO LOZANO/PRESIDENTIAL PHOTO)

MANILA – Justice Secretary Menardo Guevarra on Friday welcomed the ruling of the Makati City Regional Trial Court (RTC) Branch 148 to conduct a hearing on the motion, which was filed by his department, for the issuance of an alias warrant of arrest and hold departure order (HDO) against Senator Antonio Trillanes IV over his coup d’etat charges.

Guevarra made the comment after Judge Andres Soriano of RTC Branch 148, who is hearing the coup d’état charges against Trillanes, issued a three-page order postponing the issuance of a decision on the request of the DOJ to issue a warrant of arrest and HDO against the senator to give both sides the opportunity to present their respective pieces of evidence.

“The DOJ (Department of Justice) does not have any problem with Judge Soriano’s desire to study the issues further,” Guevarra told reporters. “We are already very happy that he took cognizance of our motion, heard the parties, admitted the evidence, and issued the appropriate orders, instead of refusing to act at all. That is extremely significant from a legal and jurisdictional standpoint.”

The justice secretary also said since Judge Elmo Alameda of the Makati RTC Branch 150 has already issued an arrest order and an HDO against Trillanes, they have already put in place the necessary safeguards to ensure that the lawmaker would be present for the judicial proceedings.

Trillanes posted a PHP200,000 bail for the rebellion case pending before the Makati City RTC Branch 150.

Soriano issued an order Friday to conduct a hearing on the reception of evidence on October 5.

He said the court “deems it prudent and proper to set this case for hearing for reception of evidence on: 1) Whether or not Trillanes filed the requisite application for amnesty under Proclamation No. 75 before he was granted amnesty in 2011; 2) Whether or not there was an admission of guilt on his part at the time he applied for and was granted amnesty.”

In 2011, the trial court dismissed the case against Trillanes and the other Magdalo soldiers by virtue of the amnesty given by former president Benigno S. Aquino III through Proclamation 75 issued in November 2010.

State prosecutors argued that with the proclamation issued by President Rodrigo Duterte, the court’s order of dismissal issued seven years ago is considered void.

In the President’s Proclamation 572 issued on Aug. 31, Trillanes’ amnesty was declared void ab initio (from the beginning).

Duterte said Trillanes failed to present the necessary requirements in the application of the amnesty for the Oakwood Mutiny, the Marine stand-off, and the Manila Peninsula siege.

Because of this, the DOJ filed separate motions asking Makati RTC Branches 148 and 150 for the issuance of arrest warrants and HDOs against Trillanes.

Branch 148 is handling the coup d’état case concerning the Oakwood mutiny, while Branch 150 is handling the rebellion case over the Manila Peninsula incident.

Based on Proclamation 572, Trillanes has no pending application for amnesty granted to all active and former personnel of the Armed Forces of the Philippines and supporters, who joined the July 2003 Oakwood Mutiny, the February 2006 Marines stand-off, and the November 2007 Manila Peninsula incident.