Gives Trillanes, prosecution time to file pleadings first
(Eagle News) — The Makati Regional Trial Court Branch 148 has given Senator Antonio Trillanes IV and the prosecution time to file pleadings before it acts on the Department of Justice’s motion for the issuance of a warrant of arrest and a hold departure order against him.
Atty. Mara Peralta, branch clerk of court, said Trillanes was given ten days from the issuance of the RTC order on Thursday, Sept. 13, to file a rejoinder to the DOJ’s reply to his comment on the DOJ motion.
Trillanes was also given ten days from the issuance of the court order to file a supplemental comment following the Supreme Court’s dismissal of his request for a temporary restraining order on the implementation of Proclamation No. 572.
The proclamation had declared the amnesty granted to Trillanes for the Oakwood mutiny and Peninsula Manila siege void ab initio, citing his alleged failure to file an official form of application for the same, and a certification from the military that said there was no available copy for the same.
It also said Trillanes failed to make an express admission of guilt for the crimes committed.
In denying Trillanes’ request, the SC said “only a trial court and in certain cases, the Court of Appeals, are trier of facts.”
The High Court also noted that “it is appropriate that the Makati RTCs should be given leeway in exercising their concurrent jurisdiction to hear and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation No. 572.”
The supplemental comment should be copy furnished the prosecution, which “is given a period of five days from receipt of the supplemental comment to file reply to the same.”
According to Peralta, once all the pleadings were filed, the motion “will be deemed submitted for resolution.”
“Presiding judge (Andres Soriano) will address these issues upon submission of all pleadings,” she said.
A similar DOJ motion is pending before the Makati Regional Trial Court Branch 150.
The hearing on this motion was scheduled on Friday, Sept. 14. With a report from Moira Encina