It ain’t over: Govt to seek Court of Appeals ruling on Trillanes case

BY CATHERINE S. VALENTE, TMT OCTOBER 23, 2018

THE fight isn’t over, Malacanang said on Tuesday as it would ask the Court of Appeals (CA) to reverse a Makati court ruling denying a motion to have Sen. Antonio Trillanes 4th arrested for his coup d’etat case.

In press conference, Palace spokesman Salvador Panelo said Solicitor General Jose Calida would not file a motion for reconsideration “but would go immediately to appeal the ruling of the court, with respect to the non-issuance of the warrant of arrest.”

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

Makati Regional Trial Court Branch 148 rejected the Department of Justice’s petition for an alias arrest warrant and travel ban against Trillanes but upheld Duterte’s Proclamation 572 that revoked the amnesty granted to the senator by former president Benigno Aquino 3rd over two failed coup attempts in 2003 and 2007.

Trillanes welcomed the latest court decision, citing Judge Andres Soriano for upholding the rule of law.

Panelo, however, said Trillanes should not celebrate as the court’s decision declaring Duterte’s proclamation nullifying the amnesty as valid was more important.

“It’s more of a pyrrhic victory because if you will notice, the court decided that the proclamation issued by the President is valid. They are claiming the time that the President does not have the power to void any amnesty. And the court said he has,” he said.

The Palace official also questioned the court’s refusal to issue an arrest warrant due to the supposed “principle of immutability of judgment.”

“I am 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,” Panelo said.

“Because if it has no jurisdiction, then the court should have dismissed outright the motion filed by the court and say that it has no jurisdiction,” he added.

Asked if they were confident in seeing Trillanes detained, Panelo said the administration would always observe the rule of law and would prosecute those who violated it.

“This administration will always observe the rule of law. Any violation of any law, it is mandated to prosecute. We saw that there has been a violation in the grant of amnesty and that is precisely why the proclamation was issued to declare its nullity. So until [its time] when the Supreme Court said we are wrong, we will consistently make our stand that we are right,” he said.

In a radio interview, Panelo also floated the possibility of a court martial being reconvened against Trillanes, saying this is the “logical consequence” but also said it’s still up to the military whether or not to pursue such action.

“The President will allow all offices and branches to do their thing,” Panelo added.

Trillanes was arrested nearly a month ago for rebellion, on orders of the Makati RTC Branch 150 over the 2007 Manila Peninsula siege. He posted bail on the same day.

The Justice department previously asked the two Makati courts to order Trillanes’ arrest and bar his departure from the country, arguing that the nullification of his amnesty meant that all cases against the senator must be pursued.

The senator insisted that his amnesty was valid and that he followed procedure.

A former Navy lieutenant, Trillanes won a seat in the Senate in 2007, campaigning from detention, and was reelected in 2013.

https://www.manilatimes.net/it-aint-over-govt-to-seek-court-of-appeals-ruling-on-trillanes-case/455825/