By REY G. PANALIGAN
The Supreme Court is set to tackle tomorrow the petition of Sen. Antonio F. Trillanes IV who pleaded to nullify President Duterte’s Proclamation No. 572 which revoked his amnesty granted in 2010 and ordered his arrest and detention.
In his petition, Trillanes pleaded for the issuance of a Temporary Restraining Order that would stop the implementation of the proclamation and the enforcement of the arrest and detention orders.
SC lawyers, who requested anonymity, said only the plea to nullify the proclamation may be acted during tomorrow’s full court session and the High Court may require the Executive Department to comment on or answer the petition.
They said that due process dictates that the side of the Executive department and all those included as respondents in the petition has to be heard on the issue.
On the plea for a TRO on the arrest and detention, the lawyers said the issue has not become justiciable since no arrest order has been issued by any court and, as a consequence, Trillanes has not been arrested.
Trillanes has been holed up in his Senate office since last Tuesday when the proclamation revoking his amnesty was made public.
In expressing their view on the arrest of Trillanes, the SC lawyers banked on President Duterte’s pronouncement that the senator would not be arrested without an arrest order from the court.
But they said the legal scenario in tomorrow’s full court deliberation on Trillanes’ petition may change should Branch 150 of the Makati City
Regional Trial Court issue today an arrest order pleaded by the Department of Justice in a motion filed last Friday.