MANILA — Government lawyers will file a petition with the Court of Appeals on the case against Senator Antonio Trillanes IV as early as next month, Justice Secretary Menardo Guevarra said Monday.
“Within the reglementary period the Office of the Solicitor General will file the necessary petition for certiorari with the Court of Appeals in so far only as the resolution of Branch 148 denying our motion for the issuance of a warrant of arrest and hold departure order is concerned for grave abuse of discretion amounting to lack or excess of jurisdiction,” Guevarra told newsmen.
“(T)hat will be filed within the period of 60 days counted from the denial of our motion for reconsideration maybe by early January,” he added.
Last week, Trillanes’ lawyers formally informed the Makati Regional Trial Court Branch 148 that it will appeal its case to the Supreme Court (SC).
In a seven-page motion and notice of appeal dated Dec. 10, Trillanes’ counsel Reynaldo Robles told the Makati court that they will be taking the case directly to the high court, where a pending suit filed by Trillanes is also pending.
In its joint resolution, Makati RTC Branch 148 Judge Andres Soriano turned down the motions for partial reconsideration filed by the government and Trillanes.
The lawmaker’s counsels had asked to declare President Rodrigo Duterte’s Proclamation 572, which invalidated his amnesty as “illegal and/or unconstitutional” after Soriano upheld the legality of the presidential directive last month.
On the other hand, prosecutors from the Department of Justice have challenged Soriano’s factual findings — that Trillanes filed an application for amnesty and admitted his guilt for the offense of coup d’etat — which contradicted the position of the government.