Trillanes to 'obsessed' Duterte: You will undergo same arrest process
MANILA, Philippines — While he may be the one facing jail this time, Sen. Antonio Trillanes IV believes President Rodrigo Duterte, who he said has been "obsessed" on running after him, will soon have his time behind bars.
He issued the warning after posting bail worth P200,000 before the Makati Regional Trial Court Branch 150, which granted a government petition to arrest Trillanes on account of rebellion charges already dismissed by the same court seven years ago.
"Sana sinusubaybayan niya 'yung proseso dahil gagawin at gagawin niya iyon. 'Yung prosesong ganoon, 'yung ibu-book siya, aarestuhin siya, yoon ang haharapin mo Mr. Duterte," Trillanes told reporters in a briefing at the Senate.
By the Constitution, Duterte as president has immunity from suit and could not be jailed, but charges against him can, later on, be filed after he steps down from office.
Last week, he was convicted by the Belgium-based International People's Tribunal for crimes against humanity over the government's much-criticized war on drugs.
READ: 'People's court' finds Duterte guilty of rights violations
The court, however, does not have official sanction over the Philippines.
Trillanes, a fierce critic of Duterte, was ordered arrested by the court Tuesday afternoon, acting on the petition of Department of Justice three weeks ago. A hold departure order has also been issued.
That petition was predicated on Duterte's Proclamation 572 released on August 31 that voided the amnesty granted to Trillanes by former President Benigno Aquino III over his participation on the mutiny at Oakwood Hotel in 2003 and the military siege at Peninsula Hotel in 2007.
The DOJ argued that since Duterte's order voided the amnesty, rebellion charges against Trillanes, already dropped by the same Makati court, is deemed revived.
"These are legal harassment, so to speak... Ang objective nito ay i-torment ako and (then) next... they will be able to succeed in putting me away," the senator said.
"(It's) very obvious. eto talagang ginagamit na niya yung impluwensya ng kanyang opisina para baluktutin ang kailangang baluktutin, para magawa at makamit niya ang kagustuhan niya...," he said.
Aside from Trillanes, 38 other soldiers who form part of Magdalo group was also granted amnesty by Aquino, but only the legality of Trillanes' amnesty is being questioned by the current administration.
The senator believes he would win his latest legal battle, which also includes cases filed before Makati RTC Branch 148. That branch has yet to issue a decision on a petition for another set of arrest warrant and hold departure orders against Trillanes.
Earlier, Trillanes already failed to get the Supreme Court to stop the lower courts from ordering his arrest. The high court said RTCs should be given a chance to study cases lodged before them.
"Marami tayong kababayan na nananalangin on my behalf so yun ang nagbibigay sa atin ng lakas," he said.
Before Trillanes, the government also sued opposition Sen. Leila de Lima for non-bailable drug-related charges. De Lima is currently jailed while her case is being heard.
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.
The Court of Appeals reaffirms the ruling of a Makati court judge to deny the government's appeal to arrest former Sen. Antonio Trillanes IV over a revived coup d'etat case.
The CA rules that Judge Andres Soriano did not commit grave use of discretion, contrary to the claim of the Office of the Solicitor General.
"Therefore, it cannot be said that the grant of amnesty in favor of private respondent was validly revoked. As a result, the charges against private respondent in connection with the offenses "forgotten" or forgiven by the amnesty must be necessarily dropped," the CA says.
The continuation of Sen. Antonio Trillanes IV's trial for a rebellion case has been moved to May as the Court of Appeals denies his petition for a TRO against it.
The CA denied the petition for TRO for the trial at Makati RTC Br. 150 saying doing so would mean granting the main prayer without trial.
Court of Appeals denies Sen. Trillanes’ plea for TRO vs rebellion trial at Makati court. Court says issuing a halt order would mean granting prayer for main petition, without trial. The court ordered Makati Judge 150 Alameda, DOJ to comment on the senator’s plea. | @kristinepatag pic.twitter.com/PNq6iS3lSi
— Philstar.com (@PhilstarNews) March 19, 2019
The court has also directed Makati RTC Br. 150 Judge Elmo Alameda to comment on Trillanes' petition.
The rebellion case is over Trillanes' participation in the 2007 Manila Peninsula siege, for which amnesty was granted in 2011. President Rodrigo Duterte has voided the amnesty.
The Department of Justice has transmitted to the Office of the Solicitor General the order by Makati Regional Trial Court Branch 148 denying its motion for reconsideration on an earlier decision not to issue an arrest warrant for Sen. Antonio Trillanes IV over a coup d'etat case it dismissed in 2011.
The court has stood firm on its decision that Trillanes applied for amnesty and acknowledged guilt in mutinies against the Arroyo administration.
It also stood by the same decision that found that Proclamation 75, which voided Trillanes' amnesty, is legal and is within the president's powers to issue.
"We are transmitting the Joint Order for your office to consider the filing a petition for certiorari with the higher courts witin the time allowed by the Rules of court, " Senior Deputy State Prosecutor Richard Fadullon, OIC prosecutor general, says in his letter.
Presidential spokesperson Salvador Panelo had initially said Solicitor General Jose Calida would go straight to the Court of Appeals and not wait for the Makati court to reconsider.
The Department of Justice will file a motion for partial consideration at Makati RTC Branch 148 by Friday, Justice Secretary Menardo Guevarra tells reporters.
The motion will only ask the court to reconsider "only insofar as it found that sen trillanes had sufficiently shown that he filed his certificate of amnesty, and that therefore it follows that he also admitted his guilt."
The Palace had earlier said Solicitor General Jose Calida was already preparing a petition questioning the Makati court's resolution before the Court of Appeals.
Lawyer Rhodora Peralta, Makati RTC Br148 clerk of court, confirms that Judge Andres Soriano has issued a resolution on a Department Justice plea to issue a warrant of arrest against Sen. Antonio Trillanes IV.
She says they will not give out copies until parties of the case receive the resolution first.
Makati RTC Br148 Clerk of Court lawyer Rhodora Peralta confirms that Judge Andres Soriano has issued resolution, but a copy has yet to be given to parties. She said they won’t give out copies until parties of the case receive the resolution. | via @kristinepatag pic.twitter.com/Sh4NYmz0CO
— Philstar.com (@PhilstarNews) October 22, 2018
She refuses to give details on what the resolution says.
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