By Moira Encina
Eagle News Service
The Supreme Court has denied Senator Antonio Trillanes’ request for it to issue a temporary restraining order on the implementation of Proclamation no. 572.
The SC instead asked Solicitor General Jose Calida to comment on the petition filed by Trillanes within ten days.
In dismissing Trillanes’ bid, the SC said the issues of whether or not Trillanes applied for amnesty and whether or not he admitted his guilt for the crimes in connection with the Oakwood mutiny and the Peninsula Manila siege in 2003 and 2007, respectively, “appear to be factual in nature.”
The proclamation had cited Trillanes’ alleged failure to apply for the amnesty and his alleged failure to make an express admission of guilt for the crimes as bases for declaring the amnesty granted to Trillanes as void ab initio.
“Only a trial court, and in certain cases the Court of Appeals, are trier of facts. Hence, it is only 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,series of 2018,” the SC said.
The SC also took “judicial notice” of the “categorical pronouncement” of President Rodrigo Duterte that Trillanes would not be “apprehended, detained or taken into custody” unless a warrant has been issued by the trial court” to conclude that there was “no extreme or urgent necessity” for the issuance of an injunctive relief.
“It was a carefully worded decision but we are grateful nonetheless that the SC showed some semblance of independence..They could have outrightly dismissed the petition but they knew we presented a strong case..,” Trillanes said.
Named respondents in Trillanes’ petition were Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, Department of the Interior and Local Government officer in charge Eduardo Año, Justice Secretary Menardo Guevarra, AFP Chief of Staff Carlito Galvez and Philippine National Police Chief Oscar Albayalde.
The proclamation had declared void ab initio the amnesty granted to Trillanes for the Oakwood Mutiny and Peninsula Manila siege in 2003 and 2007, respectively.
