Calida eyes raising Trillanes ruling to Court of Appeals

MANILA, Philippines — The legal battle between the administration and Sen. Antonio Trillanes IV is not yet over as the Office of the Solicitor General will question before the appellate court the Makati regional trial court (RTC)’s ruling denying the justice department’s plea to have the senator arrested on coup d’etat charges.

Presidential spokesman and Chief Presidential Legal Counsel Salvador Panelo questioned the local court’s claim that it could not issue an arrest warrant and its decision to accept secondary evidence.

However, Department of Justice Secretary Menardo Guevarra said the DOJ would first seek a partial reconsideration of the RTC ruling to contest Trillanes’ claim he had sufficiently shown that he filed a certificate of amnesty.

“The DOJ will file, not later than Friday, a motion for partial reconsideration of the order only insofar as it found that Senator Trillanes had sufficiently shown that he filed his certificate of amnesty, and that therefore it follows that he also admitted his guilt for the offense of coup d’etat and recanted all statements inconsistent with such admission of guilt,” he said. Briefing reporters at Malacañang yesterday, Panelo said, “The court is saying that it cannot issue the warrant of arrest because of the principle of immutability of judgment. But I’m wondering why because, effectively, that would mean it has no jurisdiction over the case. But then again the court took jurisdiction, and in fact the parties submitted their respective positions and evidence.”   

He added: “There are procedural matters decided by the court which to my mind are erroneous – how it accepted evidence despite the fact that they are all secondary evidence. So there are questions that can be properly raised in the Court of Appeals and subsequently in the Supreme Court.”

Panelo revealed talking with Solicitor General Jose Calida who has decided “not to file a motion for reconsideration, but go immediately to the Court of Appeals and appeal the ruling of the court with respect to the non issuance of the warrant of arrest.” 

The Makati RTC Branch 148 has denied the justice department’s motion seeking an arrest warrant and hold departure order against Trillanes, who was charged with coup d’etat over the 2003 Oakwood mutiny. 

The coup d’etat and rebellion charges against Trillanes were dismissed after he and his companions were granted amnesty by former president Benigno Aquino III in 2011. The cases were revived after President Duterte invalidated his amnesty through Proclamation No. 572. 

Duterte argued that the amnesty was void because Trillanes did not file an official application and did not admit to the crimes he committed. Trillanes claimed the voiding of his amnesty was meant to persecute and silence the critics of the administration. 

In his 33-page ruling, Makati RTC judge Andres Soriano said there is “no reason to disturb the doctrine of immutability of a final and executory judgment.” He also disagreed with the administration’s claim that Trillanes did not apply for amnesty, citing the “unrebutted evidence, both preponderant and admissible secondary” presented by the opposition senator. 

Panelo said the court should not have made a conclusion based on secondary evidence. 

“He (Soriano) said the issue was only to the existence and due execution of the document. I disagree, because the very issue is not only the due execution of the document, but the very contents itself. Did he really apply as provided by law? Did he really admit guilt? Did the document show on its face, as well as the required narrative?” Panelo said.  

He explained that “those are questions that should have been addressed by the court, but it said that it’s irrelevant because the only issue is the due execution and existence of the document.”

Panelo said without the document, one could not ascertain that Trillanes really applied for amnesty.

“He (Soriano) admitted the testimony of one witness who certified that he issued a certification to the effect that he was granted amnesty and yet during the hearing he said that he made the certification only on the basis of a memorandum he read that there was such one. In other words, this is hearsay. He has no personal knowledge. But the court admitted that, and to my mind it is wrong,” he argued.

Soriano’s ruling differed from that of Makati RTC Branch 150 judge Elmo Alameda, who ordered the arrest of Trillanes for rebellion over the 2007 Peninsula Manila siege. The senator was allowed to post bail for the charge last month. 

Panelo said the differing views on evidence would be resolved by the higher courts. 

‘Pyrrhic victory’

While it sided with Trillanes on his amnesty application, the local court ruled that Proclamation 572 did not breach any constitutional guaranty nor encroached on the constitutional power of either the judicial or executive branch.

Panelo claimed the court’s decision was a ‘Pyrrhic victory’ for Trillanes. A victory is Pyrrhic if the winner lost something that was worth even more. 

“Well, it’s one of a Pyrrhic victory because if you noticed the court decided that the proclamation issued by the President is valid. They are claiming at the time that the President does not have the power to void any amnesty, and the court said he has,” he pointed out.

“What is important to my mind right now is that, our theory from the very start is that the President can void an amnesty granted to anyone – and that was upheld by the court,” he added.

Panelo could not say whether a military tribunal would convene to hear the cases of Trillanes. 

During a radio interview yesterday morning, Panelo said the convening of a court martial is a “logical consequence” of the voiding of Trillanes’ amnesty. 

“That is the logical consequence of it. Everything stopped because he was given amnesty. If the court says the grant (of amnesty) is void, that means all cases will be revived. That’s why I was amused when he (Trillanes) celebrated,” Panelo told dzRH. 

A few hours later, Panelo said it remains uncertain if the military would convene the court martial. 

Asked during a press briefing if Trillanes would be detained in Camp Aguinaldo once the court-martial is convened, Panelo replied: “We will be speculating, we don’t even know if they are going to reconvene or not.”

“They (military) said that was their intention, now whether they are going to do it or not, remains to be seen,” he added. 

Panelo clarified that Duterte did not order the armed forces to convene the military tribunal.

“As we said repeatedly, the President will allow all offices and branches to do their thing. So, he will leave them to their best,” he said. – With Evelyn Macairan