Trillanes asks Pasay prosecutor's office to junk inciting to sedition raps

MANILA, Philippines — Sen. Antonio Trillanes IV asked Pasay prosecutor to junk the inciting to sedition raps filed against him by Labor Undersecretary Jacinto Paras and lawyer Manuelito Luna.

Trillanes went to Pasay Prosecutor’s Office to attend the preliminary investigation into the inciting to sedition raps filed by Paras and Luna over the senator’s statements allegedly urging members of the armed forces to take up arms against the Duterte administration, and allegations of corruption against the president.

Luna and Paras wanted Trillanes charged over his “incendiary and hateful speeches against President Duterte after issuance of Proclamation 572 that voided the amnesty granted to him during the previous administration.”

Sen. Antonio Trillanes IV says he is confident that the prosecutor in Pasay City will dismiss the complaint of inciting to sedition and proposal to commit coup d' etat filed by DOLE usec. Jacinto Paras, PACC commissioner Manuelito Luna and three other lawyers. | via Ghio Ong pic.twitter.com/lnCgp2Dlog

— The Philippine Star (@PhilippineStar) October 25, 2018

Article 142 states that inciting to sedition can be done through speeches, proclamations, writings, emblems, cartoons, banners or other representations “that tend to disturb or obstruct any lawful officer in executing the functions of his office, or instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government, or who shall knowingly conceal such evil practices.”

In the senator’s counter-affidavit, he argued that his remarks said in an interview with members of the media were made in his capacity as a lawmaker.

“As one of the Senators of the Republic respondents believes in good faith that it is part of his public duties to report to the people, through the media and to keep the public updated on the relevant issues of graft and corruption,” he said.

The senator also stressed that the complainants lacked personal knowledge of the factual allegations in the complaint as they merely attached printouts of news articles in their complaint.

He also argued that Luna and Paras failed to show how he “incited the people to rise publicly or tumultuously” for sedition.

He added: “The elements of conspiracy and/or proposal to commit coup d’etat have not been sufficiently proven by complainants. Thus, the charges against respondent must be dismissed.”

Last March, Pasay City Senior Assistant City Prosecutor Joahna Gabatino-Lim charged Trillanes for inciting to sedition, over a separate complaint, over his pronouncements on Duterte’s alleged hidden wealth.

The case was raffled off to Pasay Metropolitan Trial Court Branch 45.

Trillanes had just recently scored a legal victory at the Makati Regional Trial Court Branch 148, when it junked the government’s plea for warrant and travel ban against him.

EXPLAINER: Trillanes amnesty: Two courts and two rulings that may meet at SC

A separate court at Makati, Branch 150, meanwhile, had reopened his rebellion case pursuant to Proclamation 572 that voided his amnesty. — Kristine Joy Patag