In this October 5 photo, Sen. Antonio Trillanes IV is seen inside his residence in Antipolo as the Makati Regional Trial Court handles continuation of his coup d'état case hearing.
The STAR/Michael Varcas
Makati court to hear Trillanes’ plea to overturn issuance of warrant
Kristine Joy Patag (philstar.com) - October 10, 2018 - 1:36pm

MANILA, Philippines — Makati Regional Trial Court Branch 150 is set to hear on Friday Sen. Antonio Trillanes IV’s motion to overturn the court’s earlier order to issue a warrant of arrest.

Trillanes’ camp, through his lawyer Reynaldo Robles, filed a motion to overturn the court’s resolution dated September 25 that granted the Department of Justice’s plea for warrant and travel ban against the senator.

They also moved for the court to set a hearing for the presentation of evidence for both camps.

READ: Makati court orders Trillanes’ arrest for rebellion case 

Court resolution lacked factual basis

DOJ’s motion for warrant is anchored on President Rodrigo Duterte’s Proclamation 572 stating that the amnesty granted to Trillanes is “void from the beginning,” as the senator failed to comply to the requirements for application.

Makati RTC Branch 150 Judge Elmo Alameda, in his September resolution, said that it found “factual and legal basis” for the issuance of Proclamation 572.

But Trillanes’ camp, in their omnibus motion, hit the court’s resolution and said that: “As pointed out by many, the Honorable Court’s ruling is diametrically opposed not only to the facts but to long-held and repeatedly affirmed doctrine on the finality and/or immutability of final decisions, as well as the settled legal principles that amnesty obliterates, erases and places the alleged offense in oblivion and totally and completely extinguishes the penalty for said offense.”

Trillanes said the court’s ruling is “tantamount to a total and complete surrender of the independence of the judiciary and a tragic capitulation to the President of the judicial power lodge upon the Courts of the Constitution.”

They pointed out that there was nowhere in the certification issued by Lt. Col. Thea Joan Andrade that stated that Trillanes did not apply for amnesty.

In a separate hearing at the Makati RTC Branch 148 on October 8, Andrade said that it was “never” her intention to attest that Trillanes did not apply for amnesty. 

Her certification stated that there are no records of Trillanes’ application for amnesty.

Trillanes’ camp also raised that there is no basis for the court’s factual finding that the senator did not file an application. “There is absolutely not witness and no evidence at all supporting this baseless and self-serving assertion,” their motion read.

They also pointed out that Alameda gave weight to the GMA news article where Trillanes was quoted as saying that he “did not admit to the charge of coup d’etat—presented by DOJ as evidence—but it should be regarded as double hearsay evidence.”

Their camp also raised the court giving weight to the article “Trillanes avails of amnesty, admits ‘breaking rules,’” for the senator’s supposed lack of admission of guilt is “diametrically opposed.”

“The title of the news article itself, as quoted above clearly and indubitably asserts that [Trillanes] did apply for amnesty and did admit ‘breaking the rules,’ which is clearly a euphemism for admitting guilt,” the motion read.

Plea for hearing for presentation of evidence

Trillanes’ camp then asked the court to “set the case for hearing for the reception of the evidence of the parties in the instant case on the factual issues referred by the Supreme Court.”

They also asked to vacate and set aside Alameda’s September 25 resolution for being “premature and/or for lack for legal and/or factual basis.”

Makati RTC had been hearing the rebellion case against Trillanes over the 2007 Manila Peninsula siege when it dismissed the case pursuant to the amnesty granted to the senator.

Alameda’s September order effectively revived the rebellion case.

Trillanes, meanwhile, is waiting for the Makati RTC Branch 148 to rule on DOJ’s plea for warrant and travel ban.

Alameda set hearing last October 5 to allow both parties to present their evidence. The motion is deemed submitted for resolution.

TRILLANES AMNESTY
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