The Court of Appeals did not issue a Temporary Restraining Order that would stop the proceedings in the revived rebellion case against Sen. Antonio F. Trillanes IV in connection with the 2007 Manila Peninsula Hotel siege in Makati City.
In a three-page resolution written by Associate Justice Apolinario D. Bruselas Jr., the CA said that even the Supreme Court did not issue any ancillary relief to Trillanes when he elevated the nullification of his amnesty through President Duterte’s Proclamation No. 572.
It noted that the SC left to the trial courts the resolution of the factual issues on Trillanes’ petition.
The CA also noted that while Branch 150 of the Makati City Regional Trial Court had issued a hold departure order and a warrant of arrest against Trillanes on the rebellion case, the senator has posted bail and is out on provisional liberty.
“Given the foregoing state of facts, the ancillary remedies applied for may not be granted at this time without running afoul with the principle that provisional reliefs may not be granted in advance of the main action where the provisional relief is the very remedy prayed for in the complaint or petition,” the CA said.
“We may not temporarily restrain or preliminarily enjoin the prosecution of the criminal action for rebellion at this stage because to do so would be to grant the principal prayer for certiorari, prohibition, and or injunction without the benefit of a hearing,” it also said.
“Accordingly, the application for a Temporary Restraining Order or a Writ of Preliminary Prohibitory Injunction is denied at this time,” the CA ruled.
It ordered the Makati City prosecutor’s office and the Department of Justice to comment on Trillanes’ petition in 10 days from receipt of the resolution dated March 18, 2019. Trillanes was given five days to reply to the comment “if he be so minded.” (Rey Panaligan)
