2nd Makati court's decision on Trillanes' case out anytime
MANILA, Philippines – Anytime soon, the Makati Regional Trial Court Branch 148 will be resolving the Department of Justice (DOJ) request to issue an arrest warrant against Senator Antonio Trillanes IV over his previously dismissed coup d'etat charges.
In an order dated October 11, Branch 148 Presiding Judge Andres Soriano said that the court has admitted most of the documentary evidence filed by Trillanes, and will therefore be issuing a decision soon.
"[T]he factual issues as specified in the order dated September 28, 2018, and the issue on the 'legality' of Proclamation No. 572, series of 2018 based on the pleadings/motions filed by the parties – as they may bear upon the prosecution's urgent ex-parte motion… – are now considered submitted for resolution," Soriano said.
The court admitted Trillanes' certificate of amnesty, sworn statements, a photograph of the senator applying for amnesty. Soriano also accepted copies of Department of National Defense (DND) memorandum circulars.
Printouts of the official Facebook page of the DND and a "throwback" photo of Trillanes were rejected by the court as these were never identified by any defense witness during the October 5 hearing. (READ: 2nd Makati court defers decision on Trillanes arrest)
Despite admitting most of the evidence filed by the Trillanes camp, the court said they have noted the state prosecutor's comments and objections.
Another court, Makati RTC Branch 150, ordered Trillanes' arrest in September based on a separate DOJ request over rebellion charges. Trillanes was able to post bail at P200,000.
But unlike Branch 150, Trillanes will not be able to post bail should Soriano issue a warrant of arrest against him.
The coup d'etat charges were dismissed in September 2011 pursuant to the amnesty, but the DOJ argued that since President Rodrigo Duterte had voided the amnesty granted to Trillanes, the dismissal had also become null and void.
Both Duterte's proclamation voiding the amnesty, as well as the reopening of dismissed cases at the lower courts, have been slammed by law experts as unconstitutional and a blatant violation of a person's right against double jeopardy. – Rappler.com