MANILA, Philippines — Sen. Antonio Trillanes IV is urging the Supreme Court to rule on constitutionality of President Rodrigo Duterte’s Proclamation 572, as a Makati court categorically held that it lacked factual basis.
Trillanes, through his laywer Reynaldo Robles, brought to the high court Makati Regional Trial Court Branch 148’s ruling on the factual issues of Proclamation 572 in his Reply to Respondent's [Office of the Solicitor General] Comment.
The senator said that the SC had earlier ordered the lower courts to determine the factual issues surrounding the Proclamation “whether or not Trillanes filed an application for amnesty and whether or not he admitted his guilt for the crimes.”
Makati RTC Branch 148: Trillanes applied for amnesty
Trillanes pointed out that Judge Andres Soriano, Makati RTC Branch 148, “clearly and categorically resolved and held on the basis of the evidence presented by the parties that the Prosecution failed to clearly prove the supposed factual basis of the Proclamation 572.”
READ: Makati court: Trillanes applied for amnesty, admitted guilt
In his ruling dated October 22, Soriano held: “[T]he Court finds and so holds that Trillanes did file his amnesty application in the prescribed form in which he also admitted guilt for his participation in the Oakwood Mutiny, among others, and in which he further recanted all previous statements that he may have made contrary to said admission.”
This differs from the conclusion arrived at by Makati RTC Branch 150 where Presiding Judge Elmo Alameda said that, based on Lt. Col. Thea Joan Andrade’s certification, Trillanes did not apply for amnesty.
“The Court on the basis of the motion, pleadings and hearing conducted upon directive of the Supreme Court finds factual and legal basis for the issuance of Proclamation 572 on August 31, 2018 by President Rodrigo Duterte,” Alameda’s ruling, dated September 25, read.
EXPLAINER: Trillanes amnesty: Two courts and two rulings that may meet at SC
But Trillanes, in his latest pleading to the SC, stressed: “The Honorable Regional Trial Court of Makati City, Branch 148, rendered an order which shattered to smithereens all the factual allegations of Respondents.”
The senator also stressed that the Court “appeared to have passed upon the legality of Proclamation 572...in deference to the final and ultimate determination...by the Supreme Court.”
Trillanes urged: “Petitioner most respectfully prays and moves the Honorable Supreme Court to make a final and conclusive determination on the legality and/or constitutionality of Proclamation 572, series of 2018.”
Both Makati courts have yet to resolve pending motions for reconsiderations filed against the two salas of Judges Soriano and Alameda.