THE COURT of Appeals (CA) denied the petition of Senator Antonio F. Trillanes IV to stop the trial for his revived rebellion case in connection with the 2007 Manila Peninsula siege.
In a three-page resolution on March 18, the appellate court’s ninth division junked the senator’s application for writ of preliminary injunction or a temporary restraining order to stop the Makati City Regional Trial Court (RTC) Branch 150 from proceeding with his reopened case.
“We may not temporarily restrain or preliminary enjoin the prosecution of the criminal action for rebellion at this stage because to do so would be to grant the principal prayer for certiorari, prohibition and/or injunction without the benefit of a hearing,” the CA ruled.
“Accordingly, the application for a temporary restraining order or a writ of preliminary prohibitory injunction is denied at this time,” it added.
The CA, instead, ordered Judge Elmo M. Alameda of Branch 150 and the Department of Justice (DoJ) to file their comment on the petition within 10 days from the receipt of the resolution.
It also asked Mr. Trillanes to file his reply to the comment within five days upon receipt of its copy.
In a statement, Mr. Trillanes’ legal counsel, Reynaldo B. Robles, said they are thankful that the court acted upon the senator’s petition by requiring the RTC to comment on the petition.
“While we note that the Honorable Court has in the ‘in the meantime’ decided to deny our application for a temporary restraining order (TRO) or injunctive relief, the same does not appear to be necessary at this time in the light of the recent ruling of the RTC of Makati — Branch 150 to defer the hearing of the rebellion case to May 27, 2019 due to conflict of schedule,” he said.
“We are hopeful that the Honorable Court of Appeals will eventually uphold the merit of our Petition in due time,” he added.
Mr. Alameda on Sept. 25, 2018 issued an arrest warrant and hold departure order against Mr. Trillanes for his rebellion case following the motion of the DoJ after President Rodrigo R. Duterte revoked his amnesty on Aug. 31 last year. — Vann Marlo M. Villegas