Palace backtracks on next step in Trillanes amnesty case

MANILA, Philippines — Malacañang on Wednesday changed its tune on the administration's next move on Sen. Antonio Trillanes IV's case, saying the Justice department would ask the Makati Regional Trial Court to reconsider its denial of the plea seeking his arrest for coup d'etat.

Presidential spokesman Salvador Panelo said Tuesday that the Office of the Solicitor General would question the local court's decision before the Court of Appeals. Panelo previously questioned the Makati RTC's ruling that it could not issue an arrest warrant on the case as well as its decision to admit secondary evidence.   

The issues surrounding the local court's ruling could be addressed by the CA, the presidential spokesman had said. 

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Panelo, however, clarified Wednesday that the Office of the Solicitor General is deferring to the Justice department, which has been handling hearings at the Makati courts.

"SolGen (Solicitor General) and DOJ (Department of Justice) are working hand in hand, they are a team. They have decided to file an MR (motion for reconsideration) for the time being," Panelo said in a text message.

"Because the DOJ was the one that filed (the motion seeking Trillanes' arrest) before the RTC, it would leave it to the RTC to decide whether to issue an MR. If it is denied, that's the time the SolGen would take over," Panelo said in a separate interview with reporters.

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"Seeking an MR and going to the CA are similar. If you think the decision can be reversed, file an MR. If not, go directly (to the CA)," he added. 

Panelo said President Rodrigo Duterte does not interfere with the plans of the legal team handling the issue. 

"Everyone will have to ask advice either from me or directly to the president but mostly, they do not need to seek permission from the president. The marching orders is always do what is best for you to do," the presidential spokesman added. 

Makati RTC junks plea

The Makati RTC Branch 148 has junked the Justice department's plea to have Trillanes arrested for coup d'etat, a case that was dismissed after the opposition senator was granted amnesty by President Benigno Aquino III in 2011. 

Trillanes' coup d'etat and rebellion charges were revived after Duterte invalidated his amnesty through Proclamation No. 572, a move that the opposition claimed was meant to muzzle the president's critics. Duterte and his officials insist Trillanes' amnesty was void because the opposition senator did not admit to his crimes and did not file an application. 

In denying the motion seeking Trillanes' arrest, the Makati RTC Branch 148 said there is "no reason to disturb the doctrine of immutability of a final and executory judgment." It also disagreed with the claim that Trillanes did not apply for amnesty, saying the senator presented "unrebutted evidence, both preponderant and admissible secondary." 

The court, however, said Proclamation No. 572 did not breach any constitutional guaranty or encroach on the constitutional power of either the judicial or the 
executive branch.