AFTER hearing the Department of Justice’s (DoJ’s) motion yesterday, the Makati Regional Trial Court (RTC) Branch 148 still did not issue an arrest warrant and a hold departure order (HDO) against Sen. Antonio Trillanes IV.
During the hearing, the court gave the senator 10 days to file his rejoinder and supplemental comment.
Trillanes was represented by his counsel, lawyer Reynaldo Robles, via special appearance.
“In open court, the people filed its reply to the comment interposed by the accused Antonio Trillanes on the present motion. Counsel for accused is given a period of 10 days from today within which to file his rejoinder to the reply,” the one-page order penned by Judge Bartolome Soriano stated.
The prosecution, meantime, was given five days to comment on Trillanes’ reply upon receipt of the copy.
“Likewise, upon said counsel’s request, he is given a similar period of 10 days from today to file supplemental comment/ opposition to the present incident given the resolution issued by the Supreme Court G.R. No. 241494, copy furnished by personal service the prosecution, which is given a period of five days from receipt of the supplemental comment to file reply to the same. Therefore, the motion shall be considered submitted for resolution,” it read.
Clerk of Court Maria Rhodora Maglabag-Peralta told reporters that the judge can decide on the motion sooner than the 30-day period prescribed by law.
The defense lawyer, during the hearing, said that Malacañang’s Proclamation 572 voiding the amnesty of Trillianes is “invalid.”
“Dalawa lang naman ang factual issues; whether or not the senator actually applied for amnesty. ‘Yung second issue is whether or not he actually admitted guilt for the alleged offense,” Robles said after the hearing.
He pointed out to the “honorable court, that on the same day that the Supreme Court resolution was released, President Duterte himself said that they now have a different theory. They are saying now that the amnesty was null and void because it’s not Pres. Aquino who signed it.”
“In fact, he said in his interview that they are no longer dwelling on that issue of whether or not nag-apply ng amnesty si Sen. Trillanes or nag-admit ba siya ng guilt.”
The prosecution insisted that Trillanes did not file for amnesty, saying they have evidence to prove such claims.
“Yes he did not file and did not comply with requirements. Including the fact that he did not admit his guilt explicitly. There is evidence. There have been statements before made by [Trillanes] himself that he did not admit, he will not admit and will never admit the fact that he committed the offense,” Senior Assistant State Prosecutor Juan Pedro Navera told reporters.
To recall, the coup d’etat case of Trillanes, handled by Makati RTC Branch 148, was dismissed by then Acting Judge Ma. Rita Sarabia on Sept. 21, 2011 after he was granted amnesty by former Pres. Aquino.
Today, Sept. 14, the motion also filed by DoJ will be tried at the Makati RTC Branch 150. It also sought an arrest warrant and HDO.
Robles said that similar proceedings might probably transpire during the hearing today, under Judge Elmo Alameda. However, the said court did not ask for a comment from Trillianes unlike Branch 148.
The said court handled the rebellion case of the senator, which was also dismissed in 2011 due to the amnesty. Alameda was also the judge then.
