MANILA – The Supreme Court refused to issue the temporary restraining order that Sen. Antonio Trillanes IV sought against the proclamation of President Rodrigo Duterte voiding his amnesty.
In an en banc session Tuesday the high court denied Trillanes’ prayer for the issuance of a writ of preliminary injunction and/or TRO since there was “no extreme and urgent necessity” to issue one.
“The Court takes judicial notice of the pronouncement of President Duterte that Senator Trillanes will not be apprehended, detained or taken into custody unless a warrant of arrest has been issued by the trial court,” said Supreme Court spokeswoman Victoria Guerra.
“Thus, there is no extreme and urgent necessity for the Court to issue an injunctive relief considering that the respondents have acknowledged Senator Trillanes’ right to due process,” she added.
Duterte signed Proclamation 572 on Aug. 31 voiding the amnesty granted to Trillanes because the latter failed to comply with “minimum requirements to qualify under the amnesty program.”
The President also ordered the arrest of Trillanes “so that he can be recommitted to the detention facility where he had been incarcerated for him to stand trial for crimes he is charged with.”
Guerra said the question on whether or not Trillanes complied with the requirements to qualify for amnesty is factual in nature and best for the Makati City regional trial courts to answer.
“The two Makati City RTCs will be given leeway in exercising their concurrent jurisdiction to hear and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation 572,” she said.
NO ARREST WARRANT, HDO
Meanwhile Trillanes got some relief from another Makati City RTC that refused to release a warrant of arrest or hold departure order against him pending a hearing later this week.
Judge Elmo Alameda of the court’s Branch 150 did not give in to the pleadings of the Department of Justice and instead set a hearing on Friday to get the side of the embattled senator.
“The court was not persuaded to act on the DOJ’s request without a hearing because doing so would definitely prejudice the right of the accused to due process,” stated a decision read by Clerk of Court Diosfa Valencia.
Branch 150 handled the rebellion case against Trillanes and his comrades over the 2007 Manila Peninsula siege. The case was dismissed in 2011, giving way to the amnesty granted by then President Benigno Aquino III.
TRILLANES HAPPY
Makati RTC Branch 148 handles the coup attempt charges against Trillanes and other Magdalo soldiers for the 2003 Oakwood mutiny. It also refused last week to release a warrant of arrest and hold departure order against Trillanes.
In addition, the Supreme Court directed the Office of Solicitor General to comment on Trillanes’ petition for certiorari and challenge to the constitutionality of Proclamation 572 within 10 days.
Trillanes lauded the decision of the Court.
“Masaya tayo na the Supreme Court stood up,” Trillanes said. “Itong Supreme Court is heavily suspected to be partial to the Duterte administration but they stood up with this decision.”
Trillanes said they plan to return home but their trip will be coordinated with the Armed Forces of the Philippines to make sure there will be no illegal arrest.
“We are closely coordinating with the AFP to make sure na walang misinterpretation,” he said. “Pinag-uusapan na namin (ang pag-uwi). We will convey our decision with the Senate president.”
“Alam naman din ng mga sundalo at pulis na if they do something bad sa akin sila rin ang malalaglag, sila ang makukulong,” he added. “Sa akin dito kung sino ang mag–a-arrest ay makakasuhan ng illegal arrest.”/PN
