President Rodrigo Duterte, through Proclamation 572, said that the amnesty was "void from the beginning" since Trillanes failed to comply with the requirements. The order, published on September 4, also directed the Department of Justice and court martial of the Armed Forces of the Philippines to pursue all criminal and administrative cases filed against Trillanes in connection with the Oakwood Mutiny in 2003 and the Manila Peninsula siege in 2007.
Geremy Pintolo
Makati court orders Trillanes' arrest for rebellion case
Kristine Joy Patag (philstar.com) - September 25, 2018 - 1:59pm

MANILA, Philippines (Update 2, 3:55 p.m.) — A Makati court has issued a warrant against Sen. Antonio Trillanes IV—a fierce critic of President Rodrigo Duterte—over a rebellion case following the president's issuance of Proclamation 572 voiding his amnesty.

Makati Regional Trial Court Branch 150 Judge Elmo Alameda ordered Trillanes' arrest on Tuesday, granting the motion of the Department of Justice.

“Bail for temporary liberty of the accused is fixed at P200,000,” the order from Judge Alameda read.

Court: Proclamation 572 has legal basis

“The Court on the basis of the motion, pleadings and hearing conducted upon directive of the Supreme Court finds factual and legal basis for the issuance of Proclamation 572 on August 31, 2018 by President Rodrigo Duterte,” the Court said.

Alameda noted that the Supreme Court ruled on September 11 that the issue on whether Trillanes filed for amnesty and whether he admitted guilt was for the local courts to determine.

Trillanes’ petition before the SC, however, remains pending. It has yet to rule on the challenged constitutionality of Proclamation 572.

Solicitor General Jose Calida—who also initiated the review of Trillanes’ amnesty records—filed on Monday the government’s answer or Comment on the senator’s petition for certiorari.

READ: Palace on Trillanes arrest order: No more drama by presscon

Affidavits, photos not enough to convince court

The judge also said that Trillanes “failed to convince the Court that he indeed complied with the minimum requirement” in applying for amnesty.

“Evidently, he failed to present the original hard copy, duplicate copy, or even a photocopy showing that he personally accomplished and filed with the DND Amnesty Committee his Official Amnesty Application Form duly acknowledged and stamp marked received by said office,” the court order read.

It said that the pieces of evidence Trillanes had presented—such as a photograph of him holding the application form, Col. Josefa Berbigal’s affidavit saying that she received Trillanes’ form, and others—must be “disregarded.”

READ: Trillanes camp: No indication senator did not apply for amnesty on AFP certificate

The Court said that the pieces of evidence are “barren of probative weight to prove compliance by Senator Trillanes of the minimum requirements set forth in the rules and procedures in the processing of amnesty application.”

It also noted that Trillanes’ statement, when he was interviewed by GMA News in 2011, “are in conflict and irreconcilable with his adamant position that he applied for amnesty and admitted his guilt.”

Trillanes was quoted in the said article as saying: “I would like to qualify that we did not admit to the charge of ‘coup d’etat’ or anything na finile sa amin because we believe hindi iyon ang nararapat na charge sa ginawa sa amin.”

“Trillanes also failed to comply with additional requirement under DND AC Circular No. 1 for him to recant all previous statements inconsistenyt with the requirement of admission of that guilt,” the order read. 

DOJ motion

Following the publication of Proclamation 572, the Department of Justice sought an alias warrant and travel ban against Trillanes from two Makati courts that handled cases involving Magdalo group mutinees in 2003 and 2007.

In their four-page “Very Urgent Ex-Parte Omnibus Motion for the Issuance of a Hold Departure Order and Warrant of Arrest" filed before Makati RTC Branch 150, the prosecutors pointed out that Trillanes posted bail on the rebellion case on July 15, 2010.

Four months later, President Benigno Aquino III granted amnesty to active and former personnel of the AFP, PNP and their supporters over the Oakwood mutiny, Marines standoff and the Manila Peninsula incident.

They noted that the court, on Sept. 7, 2011, granted Trillanes’ “Motion to Dismiss” pursuant to the grant of amnesty. The government argues that the amnesty was declared void and that trial should continue.

“It is clear that this instant case is still pending with this Honorable Court, as the prosecution has yet to present its evidence in chief insofar as accused Trillanes is concerned,” they said.

Trillanes to post bail

Trillanes has been staying at the Senate since the publication of Proclamation 572.

When news on the warrant broke, Trillanes was presiding over a hearing of the Senate committee on Social Justice, where he is vice chairman.

Trillanes later faced the press and said that he would go with the arresting officers and post bail.

The National Capital Region Police Office took custidy of him at the Senate and brought him to the Makati Police Station for booking.

ANTONIO TRILLANES IV DEPARTMENT OF JUSTICE TRILLANES AMNESTY
As It Happens
LATEST UPDATE: October 19, 2018 - 5:20pm

President Rodrigo Duterte has revoked amnesty granted to Sen. Antonio Trillanes IV in 2011 in relation to his involvement in mutinies against the administration of President Gloria Macapagal-Arroyo in 2003, 2006 and 2007.

Duterte claims in Proclamation 572 that Trillanes "did not comply with the minimum requirements to qualify under the Amnesty Proclamation."

President Benigno Aquino III granted the amnesty through a proclamation in 2010 that Congress concurred in.

The amnesty proclamation covered active and former police and military personnel and "[extinguished] any criminal liability for acts committed in connection, incident or related to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Peninsula Manila Hotel Incident without prejudice to the grantee’s civil liability for injuries or damages caused to private persons."

Trillanes, a lieutenant, senior grade, at the time of the Oakwood Mutiny, applied for amnesty in 2011. 

October 19, 2018 - 5:20pm
A week since proceedings have been wrapped up, Makati Regional Trial Court Branch 148 Clerk of Court Rhodora Peralta is quoted in a report by PTV4 as saying that the resolution may be released “most likely Monday” (October 22). Judge Andres Soriano is determining—pursuant to a ruling by the Supreme Court—the factual issues involved in President Rodrigo Duterte’s Proclamation 572 that declared Trillanes’ amnesty “void from the beginning” due to the senator’s alleged non-compliance with requirements.
October 17, 2018 - 2:22pm
After hours of anticipation that included police going to Makati RTC 148, Clerk of Court Rhodora Peralta says no ruling will be issued on Wednesday, October 17, on a government plea for a warrant against Sen. Antonio Trillanes IV.
October 14, 2018 - 2:21pm

Justice Secretary Menardo Guevarra "takes very strong exception" to a claim by Rep. Gary Alejano (Magdalo party-list) that the government is pressuring Makati RTC Judge Andres Soriano to rule against Sen. Antonio Trillanes IV.

"The DOJ does not interact with the judge excpet through the pleadings filed and arguments raised in open court," Guevarra says in a statement to reporters that was written entirely in upper case.

"Rep. Alejano's allegations tend to impede the orderly administration of justice, unfairly cast aspersion on the integrity and professionalism, of the Department of Justice and its prosecutors, and constumaciously influence Judge Soriano's decision-making process," he also says.

October 5, 2018 - 1:22pm

Trillanes' camp has presented Lt. Col. Josefa Berbigal as their first witness. 

Berbigal was the head secretariat of the AdHoc committee on amnesty applications.

She earlier signed an affidavit saying she received Trillanes' application.

During the hearing, Berbigal said that those who applied for amnesty were "only given one form to file."

Reynaldo Robles, Trillanes' lawyer, asked: "No copy anymore?"

Berbigal replied: "Yes, sir."

October 5, 2018 - 12:18pm

Prosecutors on Friday presented GMA News Online journalist Mark Merueñas as their final witness.

He said that he personally covered Trillanes' filing of amnesty in 2011.

Trillanes was quoted in Merueñas’ article as saying: "I would like to qualify that we did not admit to the charge of 'coup d’etat' or anything na finile sa amin because we believe hindi iyon ang nararapat na charge sa ginawa sa amin."

Prosecutors said that this proves that Trillanes did not admit guilt.

The amnesty application form includes a general admission of guilt.

Philstar
  • Latest
  • Trending
Latest
Are you sure you want to log out?
X
Login

Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. With your meaningful insights, help shape the stories that can shape the country. Sign up now!

SIGN IN
or sign in with