Makati court turns down Trillanes motion to attend Senate session

MANILA, Philippines - The Makati City Regional Trial Court (RTC) yesterday turned down the motion of Sen. Antonio Trillanes IV to allow him to attend the opening of session of the Senate on Monday.

Makati RTC Branch 148 Judge Oscar Pimentel said allowing Trillanes to attend the session would run against the Supreme Court (SC) ruling that had disallowed the detained senator to attend Senate sessions with finality. 

“To do so would elevate Trillanes to the status of a special class and it would be a mockery of the purposes of the correction system, Pimentel said.

Pimentel said it would be an act of indirect contempt of the SC to grant Trillanes’ motion.

Pimentel said the high court had already ruled the case against Trillanes is not administrative in nature but a non-bailable criminal offense.

Trillanes led a group of junior officers accused of a daylong Oakwood mutiny in 2003 demanding the resignation of former President Gloria Macapagal-Arroyo and other government officials whom they accused of high-level corruption.

Trillanes was subsequently charged along with other ringleaders who pleaded guilty and publicly apologized to Arroyo months after their coup attempt.

Trillanes and Marine Capt. Nicanor Faeldon remained defiant and criticized their comrades for expressing support for Mrs. Arroyo.

Trillanes later successfully ran for the Senate, but remains in detention pending the outcome of his trial.

Trillanes earlier filed a petition before the SC in 2008 asking the high court to allow him to attend Senate sessions, arguing that he could not perform his role as an elected senator. The SC turned down the appeal with finality.

Pimentel cited the SC ruling against Trillanes in his decision denying the motion of the detained senator to attend sessions.

He said the argument posed by Trillanes of his being a senator could not negate the fact that the people who elected him to the Senate are fully aware of the nature of the charges against him.

“The voters... did so with full awareness of the limitations on his (Trillanes’) freedom of action and with the knowledge that he could achieve only such legislative results... within the confines of prison,” he said.

Trillanes had argued that his presence in the opening session of the Senate on Monday is needed in order for him to vote for the next Senate president, which is part of his official and constitutional duty as an elected senator.

Trillanes’ counsel Reynaldo Robles said he would exhaust all legal means to enable the senator to attend session on Monday.

“We are now in the process of reviewing Judge Pimentel’s ruling and will immediately file a motion for reconsideration in the hope the court would finally see the merit of our motion to allow Senator Trillanes to take part in the opening of the 15th Senate,” Robles said.

Robles noted though that there are only two days left to work on the appeal.

However, the efforts to have Trillanes attend session on Monday were met with criticisms by his colleagues.

Senators Joker Arroyo, Miriam Defensor-Santiago and Edgardo Angara pointed out the moves to allow Trillanes to leave detention just to vote for the next Senate president would be illegal.

President Aquino earlier ordered a review of the case against Trillanes.

Justice Secretary Leila de Lima said they would also look into the other cases involving Trillanes.

She cited as an example the charges filed against Trillanes in connection with his alleged involvement in the rebellion on Nov. 29, 2007 at The Peninsula Manila hotel in Makati City.

“I will review other cases. That was the instruction of the President. I just put the coup d’état case first,” De Lima said.

– With Edu Punay and Christina Mendez