(Eagle News) – Senator Antonio Trillanes IV said he would now be able to go home after the Supreme Court’s decision denying his petition for the issuance of a writ of preliminary injunction and a temporary restraining order (TRO).
Trillanes also expressed “gratefulness” of the SC decision on Tuesday, Sept. 11, saying it had “some semblance of independence” and that it was a “welcome development.”
“It was a carefully worded decision by the Supreme Court. We are grateful nonetheless that they have chosen some semblance of independence,” he told reporters shortly after the SC released its decision.
“This is a test case. Yung initial decision nila was a welcome development because it was also a show of their independence,” the senator said.
Asked if would be leaving the Senate premises now that the high court had already made its ruling, Trillanes said “I can do it tonight or tomorrow.”
“We will convey our decision to the Senate President later on,” he said.
Trillanes said that he immediately consulted with his lawyers after the SC denied his prayer for a writ of preliminary injunction as well as his petition for a TRO.
“According to lawyers, that if translated, while the petition for TRO was denied, it took judiclal notice of the pronouncements of both President Duterte and the AFP (Armed Forces of the Philippines) that there won’t be any arrest,” he said.
“If I go out later or tomorrow, and I would be arrested, it would be an open defiance of the decision,” he said.
“Alam din naman ng mga sundalo o ng mga pulis, that if they do anything bad sa akin, sila naman din ang makukulong,” Trillanes said recalling to what happened to those who had tried to arrest the late senator Benigno Aquino Jr.
-SC: No extreme urgency for injunctive relief-
The high court in its decision denying Trillanes’ petition for a preliminary injunction and a TRO took “judicial notice of the categorical pronouncement of President Duterte that Senator Trillanes will not be apprehended, detained or taken into custody unless a warrant of arrest has been issued by the trial court.”
“And thus there is no extreme and urgent necessity for the Court to issue an injunctive relief considering that the respondents have acknowledged Senator Trillanes’ right to due process.”
“In fact, the DOJ (Department of Justice) has caused the filing of pertinent motions before the Makati regional Trial Courts (RTCs) and the AFP has assured that court martial proceedings shall be held in abeyance pending the resolution of the amnesty withdrawal.”
The high court also noted that the “issues of whether or not Senator Trillanes filed an application for amnesty and whether or not he admitted his guilt for the crimes subject thereof appear to be factual in nature.”
“Only a trial court, and in certain cases, the Court of Appeals, are trier of facts. Hence, it is appropriate that the Makati RTCs should be given leeway in exercising their jurisdiction to hear and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation No. 572, Series of 2018,” the SC decision read.
Trillanes and his lawyers said that this meant that the Supreme Court was passing on the determination of the “factual side of the decision to the RTC.”
“And rightfully so, as this would give us more space to subpoena the witnesses,” he said.
Trillanes said that there is no gray area in this case.
“Puti o itim ang pinag-uusapan. Walang gray area dito,” the senator who led the Oakwood Mutiny 15 years ago said, as he insisted that the Duterte administration officials would not be able to convince the trial court on their allegation.
He said the SC decision was “so carefully worded” that it had a “face-saving way out for Mr. Duterte.”
“But (it was) also protective of my rights and of similar(ly situated) individuals in the future.”
-Communication with AFP, PNP-
But Trillanes acknowledged that “this ordeal is not yet over” claiming that the Duterte administration was “hell-bent” to get him.
That is why, he said, that his camp will be communicating with the AFP and the Philippine National Police to make sure that they understand the SC decision and would not make any arrest in case he leaves the Senate premises.
“We are closely coordinating with the AFP,” he said to make sure that there was no misinterpretation of the SC decision on the part of the military.
“Alam nyo naman ang sundalo, ang pananaw niyan ay simple. Kaya kailangan ito ay ibinababa sa kanila. So para walang miscommunication, we are coordinating with them,” he said.
Trillanes also thanked his supporters outside the Senate building for holding vigil for him. He claimed that he has also supporters from all over the world who is extending support for him.
He also thanked Senate President Sotto for ensuring that no arrests were made without a valid arrest warrant, as well as all senators who supported him during his eight-day stay at the Senate since Sept. 4, the day that President Duterte’s Proclamation No. 572 was first published in a newspaper of general circulation.
