By Moira Encina
Eagle News Service
The Department of Justice maintained the Makati Regional Trial Court Branch 148’s order dismissing the coup d’état case against him “may simply be ignored” as “in contemplation of law, it is “non-existent.”
In its eight-page reply, the prosecution said this was because the Sept. 21, 2011 order of the court was based “solely” on the amnesty, which Proclamation 572 has declared void ab initio.
“The dismissal has no leg to stand on…Such judgement or order may be resisted in any action or proceeding whenever it is involved. It is not even necessary to take any steps to vacate or avoid a void judgement or final order,” the prosecution said.
Contrary to Trillanes’ claims, the Makati court, the prosecution added, also “never lost its jurisdiction over the case and over (Trillanes).”
It noted the petition for bail and release on recognizance and omnibus motion for leave of court to be allowed to attend Senate sessions and related requests by Trillanes were all denied by the court.
It said those orders were sustained by the Supreme Court in its decision dated June 27, 2008.
“To recapitulate, the only reason for the release of accused Trillanes from detention was the void Sept. 21, 2011 order..Since accused Trillanes was in custody and/or detained prior to the issuance of the void..order, it follows that he must again be taken into custody of the law, having been charged with an offense punishable by reclusion perpetua,” the prosecution said.
