SEN. Antonio F. Trillanes IV was arrested yesterday after the Makati City Regional Trial Court Branch 150 issued an alias warrant of arrest and hold-departure order against him in connection with his rebellion case.
In a 22-page order, Makati RTC Branch 150 Judge Elmo Alameda granted the motion filed by the Department of Justice in connection with the rebellion case against Trillanes and other Magdalo soldiers over the Manila Peninsula siege in 2007.
“In a view of the above disquisition, the prosecution’s omnibus motion dated Sept. 7, 2018 for issuance of warrant of arrest and hold-departure order against Sen. Antonio Trillanes IV is granted. Bail for temporary liberty of the accused is fixed at P200,000 per order dated Feb. 16, 2010,” Alameda said.
Alameda said the burden of proving compliance with the minimum requirements to be entitled to amnesty under Proclamation No. 75 issued by the previous administration rests on Trillanes. “However, Sen. Trillanes, thru his counsel, failed to convince this Court that he indeed complied with the minimum requirement to personally fill-up and file the official amnesty application form as required in Section 5,6, and 11 of Department of National Defense Amnesty Committee Circular dated Dec. 21, 2010,” Alameda pointed out.
The trial court noted that Trillanes failed to present the original hard copy, a duplicate copy, or even a photocopy to substantiate his claim that he personally accomplished and filed his official amnesty application form.
The court also gave weight to the online news report published on Jan. 5, 2011 which was presented by the prosecution to prove that Trillanes failed to expressly admit his guilt for the crimes committed during the Oakwood mutiny and Manila Peninsula incident.
“Since Sen. Trillanes cannot produce the copy of the official application form for amnesty which he purportedly filed with DND Amnesty Committee containing the admission of guilt expressly made, it can be safely stated here that Sen. Trillanes failed to comply with the minimum requirement of expressly admitting his guilt for the offenses committed during the Oakwood Mutiny and the Manila Peninsula incident,” Alameda explained.
The trial court said with Trillanes’ amnesty being declared void ab initio, it has regained jurisdiction to hear and resolve the case despite its dismissal on Sept. 7, 2011.
Justice Secretary Menardo Guevarra welcomed the order of the court, saying that the DoJ was confident from the very start that its bid to bring Trillanes back to jail will be granted by the court.
“That is how I construe the deeper meaning of the order granting the issuance of a warrant of arrest,” Guevarra said, when asked whether or not the order is tantamount to the reopening of the rebellion case and a ruling based on its merit.
Yesterday afternoon, a police team from the National Capital Region Police Office, headed by the chief of police of Makati Senior Supt. Rogelio Simon, was sent to Senate to serve the arrest warrant against Trillanes.
NCRPO chief Director Guillermo Eleazar, who served the warrant, fetched Trillanes at the parking lot of the Senate, where he had been holed up since President Duterte nullified his amnesty.
Trillanes, from the Senate, went to the Makati police headquarters to turn himself in. Police took his mugshot and biometrics.
The opposition senator was accompanied by Senators Bam Aquino, Kiko Pangilinan, and Risa Hontiveros.
Afterwards, they went to the Makati RTC Branch 150 and paid bail at 4:50 p.m. or 10 minutes before the court closed.
Based on the release order of Alameda, the initial presentation of prosecution evidence is set on Nov. 21 at 2 p.m.
Trillanes, in a press conference before proceeding to the court to post bail, said he would go with arresting officers despite the fact that the warrant has not been served to him personally.
He said the issuance of the issuance of the arrest order shows that democracy has been compromised.
“Natalo po ang demokrasya ngayong araw na ito. Ang kaso naming ito sa korte at pagsubok sa tibay ng ating demokrasya, sa tibay ng ating justice system,” he said. “Pinuwersa at binaluktot ang batas kaya nag-fail ang ating demokrasya at mga institusyon,” Trillanes added.
Trillanes returned to the Senate last night after posting bail. He said that he was hoping for a miracle that would prevent his arrest for his coup d’ etat case at the Makati RTC Branch 148. (PNA, Jeffrey G. Damicog, Vanne Elaine P. Terrazola, and Jel Santos)