DoJ appeals denial of motion to arrest Sen. Trillanes

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THE Department of Justice (DoJ) filed a motion for partial reconsideration at the Makati City Regional Trial Court (RTC) Branch 148, still seeking the issuance of arrest warrant and hold departure order against Sen. Antonio F. Trillanes IV.

With the issuance of the Proclamation No. 572, the DoJ said in its motion that it is presumed that the President determined the non-compliance of Mr. Trillanes with the requirements for the grant of amnesty.

In affirming that Mr. Trillanes applied for amnesty, the Court “practically disregarded the credible evidence presented by the People, both testimonial and documentary, and took as gospel truth the testimonies of defense witnesses…whose credibility is doubtful, testimonies are biased, and worse, not supported by evidence,” the DoJ said.

Among the witnesses presented by Mr. Trillanes are former defense undersecretary Honorio S. Azcueta and Lt. Col. Josefa C. Berbigal, who received Mr. Trillanes’s amnesty application in 2011.

The DoJ also claimed that the dismissal of Mr. Trillanes’s case on Sept. 21, 2011 is void and is an “exception to the rule on immutability of final and executory judgements.”

“With the revocation of the amnesty granted to accused Trillanes, the Order dismissing the case against Trillanes on Sept. 21, 2011 therefore becomes void, and can never be final and executory,” it stated.

“Necessarily with the void order, the State cannot be deprived of its right to avail of the legal remedies to hold accused Trillanes liable for the crimes he committed,” it added.

Judge Andres B. Soriano of Makati RTC Branch 148 denied on Oct. 22 the motion to arrest Mr. Trillanes in connection with his non-bailable coup d’etat case stemming from the 2003 Oakwood Mutin,y as the case has long been dismissed and “has become final and executory.”

He added that there is no reason “to disturb the doctrine of immutability of a final and executory judgment.”

Despite ruling that President Rodrigo R. Duterte’s Proclamation No. 572 is constitutional as it is an executive act, the factual basis for declaring as void from the beginning the amnesty of Mr. Trillanes was junked.

The order stated that Mr. Trillanes has applied for the amnesty and has admitted his guilt based on the pieces of evidence he presented.

A hearing on the motion for partial reconsideration is set on Oct. 30.

Mr. Soriano’s decision is different from that of Judge Elmo M. Alameda of Makati RTC Branch 150, which handled the rebellion case in connection with the 2007 Manila Peninsula Siege. Mr. Alameda ordered the arrest of Mr. Trillanes, who posted bail on the same day.

Mr. Trillanes along with other mutineers were granted amnesty by former president Benigno S.C. Aquino III.