No warrant as court gives Trillanes, DOJ more time for pleadings

MANILA, Philippines (Updated 12:11 p.m.) — There will be no warrant for Sen. Antonio Trillanes IV's arrest from Makati Regional Trial Court Branch 148 for at least 15 days.

The court was hearing a coup d’etat case against him and other members of the Magdalo group when President Benigno Aquino III issued an amnesty proclamation in 2010 and when he applied for it in 2011.

The court dismissed the case in 2011 because of the amnesty. 

The Department of Justice last week asked for the issuance of a warrant and a hold-departure order, saying the case is still pending because President Rodrigo Duterte's Proclamation 572 has revoked the amnesty grant to Trillanes. 

Camp of Sen. Trillanes given 10 days to file supplemental comment on the DOJ’s motion for warrant, HDO. Lawyer Reynaldo Robles says they will argue on factual matters on application for amnesty referred to by the SC to trial court. @PhilstarNews pic.twitter.com/Z5h1y6UPwP

— Kristine Patag (@kristinepatag) September 13, 2018

Trillanes camp: Case dismissed years ago

Reynaldo Robles, Trillanes' lawyer, said the "case has already been dismissed as early as seven years ago."

"We submit that the honorable court has no jurisdiction anymore over the person of Trillanes," Robles told the court.

Trillanes had been charged with coup d’etat over the 2003 Oakwood mutiny.

A 2011 court ruling from the same court, penned by Acting Presiding Judge Ma. Rita Bascos Sarabia, dismissed the case pursuant to the amnesty granted to Trillanes.

Prosecution: Proclamation 572 valid unless annulled

Robles also stressed before the court: “The constitutional issues of Proclamation 572 have been retained by the SC when it ordered comment on the legality of proclamation.”

But Acting Prosecutor General Richard Fadullon maintained in open court that Proclamation 572 is "valid until annulled."

Fadullon noted that the high tribunal did not deem it necessary to issue a temporary restraining order, but deferred matters of the SC petition to the trial courts.

This, the prosecutor said, shifted the burden of proof to the defense as the Proclamation remains valid.

READ: SC junks Trillanes' TRO plea vs Duterte proclamation

Robles replied that the prosecution should not “put the cart before the horse.”

“Amnesty is a matter of record. Amnesty is presumed to be valid and was recognized by this court (Branch 148),” he added noting that the same court dismissed the case in 2011 by noting the amnesty.

READ: Gov't looks beyond proclamation to justify voiding Trillanes amnesty

Parties can expound on arguments

State prosecutors filed a Reply on the defense's comment on the same day of the hearing.

Trillanes' camp asked to be given time to file a supplemental comment on the case.

Senior Assistant State Prosecutor Juan Pedro Navera, in a chance interview after the hearing, said they consider the move of Trillanes' camp as a win as they recognized the trial court's jurisdiction by asking for a relief.

Judge Soriano gave Trillanes 10 days to file a supplemental comment and rejoinder to the prosecution’s reply.

The DOJ will be given five days to file their reply to that supplemental comment.

After pleadings from both camps are received, the case is deemed submitted for resolution.

Makati RTC Branch 150 has scheduled a hearing on a similar DOJ motion against Trillanes for a separate rebellion case that had been dismissed in 2011 because of the grant of amnesty.