Trillanes asks Court of Appeals to halt trial for rebellion

(Eagle News) — Senator Antonio Trillanes IV has asked the Court of Appeals to put a stop to the implementation of two local court orders that effectively allowed for the resumption of the trial against him for rebellion.

In seeking for the temporary restraining order on the order issued by Makati Regional Trial Court Branch 150 Judge Elmo Alameda on Sept. 25, 2018–which ordered Trillanes arrested on the charges–and in December of that year–which dismissed the senator’s motion for reconsideration—Trillanes said Alameda committed grave abuse of discretion  “in a manner amounting to excess of jurisdiction” when he granted the Department of Justice’s plea “completely reviving, reopening and/or resurrecting the long dismissed and dead case.”

Trillanes argued Alameda had already dismissed the case in 2011.

The DOJ, however, has argued the dismissal no longer held as the amnesty granted to Trillanes for the Manila Peninsula Siege in 2007 on which it was anchored was already void ab initio based on Proclamation No. 572.

The proclamation had cited Trillanes’ alleged failure to apply for the amnesty in the first place, and his alleged failure to admit the offense–requirements for the availing of amnesty—in making such a declaration.

“With the finality and immutability of the order dated Sept. 7, 2011 dismissing the case, the [Makati court, with all due respect, had already completely lost its jurisdiction thereover and, thus, no longer exercise jurisdiction over herein Petitioner and/or the previous case against him,” Trillanes said.

Alameda had set the resumption of trial on March 20.