Court of Appeals won’t stop Antonio Trillanes trial for rebellion

MANILA, Philippines — Opposition Sen. Antonio Trillanes IV has lost his bid in the Court of Appeals (CA) seeking to stop his trial in the Makati City regional trial court (RTC) over a rebellion case.

In a resolution released on Monday, the CA’s Ninth Division denied Trillanes’ plea for a temporary restraining order or writ of preliminary injunction enjoining the Makati RTC Branch 150 from proceeding with the trial.

The case involving the 2007 Manila Peninsula siege was revived after President Duterte issued in August last year Proclamation No. 572, which voided the amnesty granted to Trillanes by the previous administration.

“We may not temporarily restrain or preliminarily enjoin the prosecution of the criminal action for rebellion at this stage because to do so would be to grant the principal prayer for certiorari, prohibition and/or injunction without the benefit of a hearing,” read the ruling penned by Associate Justice Apolinario Bruselas Jr.

The CA directed the Makati City Prosecutor’s Office and the Department of Justice (DOJ) to comment on Trillanes’ petition within 10 days from receipt of notice.

Unfazed

Trillanes was unfazed by the CA ruling as he expressed hope that the appellate court would act quickly once he seeks an injunction. 

His counsel Reynaldo Robles said the senator was thankful that the CA acted on his petition by requiring the Makati RTC Branch 150 to answer the petition.

Robles said the CA has decided to deny the application for a TRO as the injunctive relief does not appear to be necessary at this time in light of a recent ruling of the Makati RTC Branch 150 to defer the hearing of the rebellion case to May 27 due to conflict of schedule.

“We will evaluate whether or not there is a need to apply for an injunctive relief when the time comes, after the respondents in the case shall have filed their comments,” Robles said in a statement.

“We are hoping the CA will be in a position to rule on the merits of the said application at that time, after hearing the parties in that regard,” he added.

Robles expressed hope the CA would uphold the merit of Trillanes’ petition in due time.

The resetting of the hearing to May 27 by the Makati RTC was due to the unavailability of the senator’s lawyer, who attended a hearing on the illegal drug case filed against Sen. Leila de Lima.

In his petition, Trillanes sought the issuance of the TRO and asked the CA to reverse and set aside the arrest warrant and hold order issued by Judge Elmo Alameda.

The senator said the RTC erred in granting the motions of the DOJ seeking revival of the case.

Trillanes assailed the findings of the court that he failed to prove that he applied for amnesty during the previous administration.

He said contrary to the RTC ruling, the burden of proof on the accusation of the government is with the prosecution.

In the assailed ruling, Alameda granted the motions of the DOJ and ordered the arrest of Trillanes in connection with the rebellion case stemming from the Manila Peninsula siege.

The senator has since posted bail in this case and appealed the ruling.

Meanwhile, five lawyers, including two government officials, has asked the Pasay City Prosecutor’s Office to pursue the indictment of Trillanes for allegedly urging the soldiers to rise up against the government. – With Paolo Romero, Robertzon Ramirez, Ghio Ong