MANILA, Philippines — The camp of Sen. Antonio Trillanes IV is mulling to appeal Makati Regional Trial Court Branch 148’s finding that Proclamation 572 is constitutional.
Lawyer Reynaldo Robles said in open court that Trillanes is mulling to file a personal motion for partial reconsideration, as he claimed that President Rodrigo Duterte overreached when he issued Proclamation 572 that aims to nullify a court’s earlier ruling.
Soriano held on Tuesday a hearing on the Department of Justice’s partial motion for reconsideration on the court’s finding that the proclamation has no legal basis.
Makati RTC Branch 148 Judge Andres Soriano gives Sen. Trillanes 15 days to file Comment/Opposition on the DOJ’s motion for partial reconsideration. | @kristinepatag pic.twitter.com/s36ODYwiix
— Philstar.com (@PhilstarNews) October 30, 2018
“Because of the motion for partial reconsideration of the prosecution, the senator is contemplating on filing his own motion for partial reconsideration to ask the court to nullify the Proclamation because they are trying to use it to undermine or nullify an existing, final court decision,” Robles told reporters after the hearing.
“This is what we are pointing out earlier, this is the overreach of the executive, they are trying to use a proclamation to nullify a final court decision,” he added.
'Proclamation 572 intends to nullify 2011 decision'
Robles is pertaining to the court's decision in 2011 that dismissed the coup d’etat case against the senator, pursuant to the amnesty granted to Trillanes and other former mutineers.
On October 22, Judge Soriano rejected the government’s plea for the issuance of an arrest warrant against Trillanes as he held that Trillanes indeed filed his amnesty application and admitted guilt.
The judge, in the same ruling, held that Proclamation 572 is “purely exeucutive act” and is well within the power of the president. He also said that Proclamation 572 did not nullify Proclamation 75—which granted Trillanes’ amnesty—as it focused on the amnesty application of the senator only.
But Robles said that they would stress before the court that Duterte’s Proclamation 572 aimed to nullify a previous court decision which is not among the powers of the executive branch.
“If that is the intent, then the Proclamation should be nullified by the court, because it becomes illegal and unconstitutional because the president is trying to arrogate unto himself the power to nullify a previous court decision, a power that even the Supreme Court does not have at this point,” Robles added.
Court gives more time for additional pleadings on government’s appeal
Robles is given 15 days to file the senator’s comment/opposition to the DOJ’s motion for partial consideration.
The government, meanwhile, is given five days to file its reply to Trillanes’ comment.
“Thereafter, the incident shall be considered submitted for resolution,” the one-page order from Judge Soriano read.
Meanwhile, Trillanes is also asking Makati Regional Trial Court Branch 150 to reverse its earlier ruling that granted the plea for warrant against the senator and conduct an evidentiary hearing on the case.
The proceedings on the senator's appeal is now submitted for resolution.
EXPLAINER: Trillanes amnesty: Two courts and two rulings that may meet at SC