MANILA – The Department of Justice said there is enough basis to proceed with the rebellion case against Sen. Antonio Trillanes IV and order for the lawmaker’s arrest now that his amnesty was revoked.
The DOJ – in its reply to Makati City Regional Trial Court (RTC) Branch 150 – stressed that Trillanes failed to present proof that he applied for amnesty.
“This honorable court has the authority to issue a warrant of arrest and a hold departure order against accused Trillanes. It has not lost jurisdiction over the case,” the DOJ said.
“No less than the Supreme Court en banc, in its resolution dated Sept. 11, 2018, acknowledged the jurisdiction of the Regional Trial Courts of Makati to hear and resolve the pleadings/motions filed by the parties,” it added.
The DOJ also said Trillanes failed to present proof of his duly accomplished amnesty application form with stamp “received” by the Department of National Defense (DND) which processes amnesty pleas.
“As aptly pointed out by [the RTC] during the motion hearing, the best evidence that accused could submit to prove his claim is a copy of his application form bearing the receiving mark/stamp of the DND. This, the accused failed to do,” the DOJ said.
It also noted that Trillanes failed to comply with admission of guilt based on a media interview where he said, “I would like to qualify that we did not admit to the charge of ‘coup d’ etat’ or anything na finile sa amin because we believe hindi iyon ang nararapat na charge.”
According to the DOJ, Trillanes’ “failure to comply with the minimum requirements set for by law pertaining to the grant of his amnesty led to the voiding of the reprieve.”
“Since Proclamation No. 572 declared void ab initio the amnesty granted to accused Trillanes for being flawed and/or defective for reasons solely attributable to him, it is as if no amnesty was granted to him,” it added.
The DOJ filed for the issuance of a hold departure order and arrest warrant against Trillanes in light of President Rodrigo Duterte’s issuance of Proclamation No. 572 that declared void the amnesty granted to the senator in 2011 by then president Benigno Aquino III.
It has filed the same motion before Branch 148 of the Makati RTC where Trillanes was separately indicted over the 2003 mutiny. The case was junked due to amnesty provision./PN
