(Eagle News) — Justice Secretary Menardo Guevarra on Tuesday, Sept. 11, expressed elation at the Supreme Court’s decision to junk Senator Antonio Trillanes IV’s request for a temporary restraining order against Proclamation No. 572.
In a statement, Guevarra said that with the decision, the SC “also acknowledged the trial courts’ continuing jurisdiction over the coup d’ etat and rebellion cases, notwithstanding the alleged ‘finality’ of the orders of dismissal based on the grant of amnesty” to Trillanes.
He was referring to the cases he said were pending against Trillanes before the Makati Regional Trial Court Branches 148 and 150 in connection with the Oakwood mutiny and the Peninsula Manila siege in 2003 and 2007, respectively.
The DOJ’s contention is that Trillanes is still facing the cases despite an earlier dismissal by the courts of such, following the issuance of Proclamation No. 572 that declared the amnesty granted to the senator for the crimes as void ab initio.
According to the DOJ, the previous dismissal of the cases by the courts, after all, was “anchored” on the amnesty in the first place.
Trillanes’ contention is that the cases have already been dismissed.
In his statement, Guevarra also agreed with the High Court when it said there was no extreme urgency to speak of that necessitates the issuance of an injunctive relief.
“There is really no extreme urgency to speak of, as the trial courts have set the DOJ’s motions for alias warrant of arrest and (hold departure order) for hearing, thereby giving sen Trillanes an opportunity to be heard,” Guevarra said, referring to the motions his office filed before the same branches.
“More significantly, the Supreme Court has recognized that the issue of validity of Proclamation (572) involves factual questions that only the trial courts may properly resolve,” he added.
