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Makati court junks DOJ, Trillanes motions

Robertzon Ramirez - The Philippine Star
Makati court junks DOJ, Trillanes motions
In a one-page order, Makati City Regional Trial Court (RTC) Branch 148 Presiding Judge Andres Bartolome Soriano said he finds no reason to reverse or modify his decision since both camps have merely rehashed their issues and arguments.
Joven Cagande / File

MANILA, Philippines — Neither the Department of Justice (DOJ) nor opposition Senator Antonio Trillanes IV got a nod from a Makati trial court on their respective motions for reconsideration on the court’s earlier ruling on the senator’s coup d’etat case. 

In a one-page order, Makati City Regional Trial Court (RTC) Branch 148 Presiding Judge Andres Bartolome Soriano said he finds no reason to reverse or modify his decision since both camps have merely rehashed their issues and arguments. 

“A perusal of the respective motions of the people (DOJ)and Trillanes show that they are mere rehash of the issues and arguments which have already been exhaustively threshed out, passed upon and discussed in the assailed order,” Soriano said. 

“Hence, the court need not repetitively discuss its disquisition therein. The court has thoroughly reviewed all the evidence and pleadings presented and submitted by the parties, and it finds no reason to reverse or modify its findings, both factual and legal,” he added. 

The DOJ, through the state prosecutors, has filed a motion for reconsideration asking the court to review its factual findings on whether or not Trillanes has filed his application for amnesty and admitted guilt. 

Trillanes’ lawyer Reynaldo Robles, on the other hand, has filed a motion for the court to reconsider its ruling on the legality or constitutionality of President Duterte’s Proclamation No. 572 that voided the senator’s amnesty. 

Soriano, who hears Trillanes’ coup d’etat case, recently ruled on the validity of the amnesty granted to the senator, but upheld the legality of Duterte’s Proclamation No. 572. 

Trillanes was charged with coup d’etat for his alleged involvement in the 2003 Oakwood mutiny.

Both state prosecutor Richard Anthony Fadullon and Robles were not surprised by Bautista’s decision. 

Fadullon said that they are expecting “the ruling to be that way,” but said that the legal battle is not yet over, as they will refer the matter to the Office of the Solicitor General (OSG) to handle the case.

“(It is) quite unlikely that the judge will reverse himself. We will refer the matter to the OSG and let them handle it from here on,” Fadullon said. 

Solicitor General Jose Calida was the one who sought to review the amnesty granted to Trillanes amid the senator’s bid to investigate the alleged “conflict of interest” over his security firms. 

Despite not getting a favorable response, Robles, for his part, said that what is important now is the court’s affirmation on its earlier ruling that denied the prosecution’s motion to revive Trillanes’ coup d’etat case. 

“What is important is that the honorable court decided to affirm its earlier order denying due course to the prosecution’s motion to reopen the case. Hence, the case will remain dismissed, as it should be, having been properly dismissed more than seven years ago,” Robles said. 

Robles said that the attempt to seek the OSG’s intervention will have an apparent conflict of interest as it only represents the government offices in cases appealed to the higher courts.

But Robles remained confident that the prosecution “can do nothing” to reverse the ruling of the court. 

“The ruling is in accordance with prevailing jurisprudence on the finality of court rulings and the legal effects of amnesty, which have been repeatedly and persistently affirmed by the Supreme Court for decades,” he said.  – With Evelyn Macairan

vuukle comment

AMNESTY

ANTONIO TRILLANES IV

DEPARTMENT OF JUSTICE

MAKATI CITY REGIONAL TRIAL COURT

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