(Eagle News) – The camp of Senator Antonio Trillanes IV wants the Makati regional trial court — which had earlier refused to issue an arrest warrant against the opposition senator — to reverse its ruling upholding the validity of President Rodrigo Duterte’s Proclamation No. 572.
Atty. Reynaldo Robles, Trillanes’ lawyer, had already informed the Makati regional trial court branch 148 of the senator’s decision to file a motion for partial reconsideration on the court’s Oct. 22, 2018 resolution.
“The Court notes the manifestation of Atty. Robles that they may file a similar Motion for Partial Reconsideration from the Order dated October 22, 2018,” said the order of Makati RTC branch 148 presiding Judge Andres Bartolome Soriano
The court heard the Motion for Partial Reconsideration first filed by the Department of Justice which is seeking the partial reversal of Soriano’s Oct. 22 resolution denying a motion for the issuance of an arrest warrant and hold departure order against Trillanes.
The DOJ insists Judge Soriano should have issued an arrest warrant against the senator as the court had upheld the validity of President Rodrigo Duterte’s Proclamation No. 572.
The said proclamation declared as void ab initio the earlier grant of amnesty given by former President Benigno Aquino III to Trillanes.
On Tuesday, the Makati court also gave Trillanes’ camp 15 days from October 25, 2018, within which to file their comment or opposition to the government’s “Motion for Partial Reconsideration.”
State prosecutors, on the other hand, will be given five days from receipt of Trillanes’ comment or opposition to reply to this.
“Thereafter, the incident shall be considered submitted for resolution,” the court said.
But Trillanes’ lawyer said that they would also file their own Motion for Partial Reconsideration.
This was to question the ruling of the Makati upholding the validity of Duterte’s Proclamation No. 572.
Robles said there “there is now basis for the court to declare the proclamation unconstitutional insofar as they are trying to use it to assert or claim that the previous decision of the court is null and void because that is not within the power of the President.”
“The court was assuming good faith and the court was being courteous in not touching the proclamation of the
President,” Trillanes’ lawyer told reporters after the hearing.
“But now, this motion for partial reconsideration clearly shows the intent to use that proclamation to nullify a long final and executory court decision as well as to nullify the amnesty granted to the senator and a previous proclamation, Proclamation No. 75, series of 2010,” he said.
Robles insisted that President Duterte cannot overturn another proclamation issued by a previous president, such as Proclamation No. 75 of former President Benigno Aquino III that granted amnesty to Trillanes.
He said that they are also thinking of moving for the dismissal of the rebellion case filed against Trillanes before the Makati regional trial court branch 150 that had earlier issued an arrest warrant against Trillanes.
The senator posted P200,000 bail in this case for his temporary liberty after his mugshots were taken.
Makati court branch 150 Judge Elmo Alameda issued an arrest warrant and hold departure order against Trillanes on Sept. 25, 2018.
The rebellion case against Trillanes pending before Judge Alameda is a bailable offense, while the coup d’etat case before Judge Soriano of Makati RTC branch 148 is non-bailable, in case the judge issues an arrest warrant against the senator.
(Eagle News Service)
