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Senator Trillanes Misunderstood the President’s Rule of Law that Leads to the Supreme Court

Supreme Court

By: Elena Grace Flores

Senator Antonio Trillanes IV’s Order of Arrest could now be in the hands of the Supreme Court, explains former Senator and Armed Forces Chief, Rodolfo Biazon. Therefore, the noisy senator does not have victory contrary to his claims. What he has right now is a temporary relief that he is still out of jail, said Biazon. In fact, Presidential spokesman Salvador Panelo said that while the Du30 administration respects the court’s ruling and adheres to the rule of law, the Justice Department and the Office of the Solicitor General would look into possible remedies with regard to the senator’s case. The SC’s Court of Appeals is surely in the picture.

YouTube video by Elena Grace Flores

[VIDEO]: The Supreme Court now has to rule on Senator Antonio Trillanes IV’ order of arrest after he experiences a temporary relief from being arrested.

Judge Soriano’s Judgement

Judge Andres Soriano issued a resolution denying the DOJ’s plea for the warrant for Trillanes’ arrest, saying the court had already dismissed the case in 2011 and “the court finds no reason to disturb the doctrine of immutability of a final and executory judgment.” The judge also said the court “finds and so holds that Trillanes did file his amnesty application in the prescribed form in which he also admitted guilt for his participation in the Oakwood Mutiny, among others, and in which he further recanted all previous statements that he may have made contrary to said admission.

Voiding Trillanes’ Amnesty is Legal

The resolution also upheld the validity of Proclamation 572, saying it was within President Rodrigo Duterte’s prerogative to issue it. In a 33-page order, Makati City Regional Trial Court Branch 148 Judge Andres B. Soriano found “no basis to believe that Proclamation 572 has breached any constitutional guaranty or that it has encroached on the constitutional power of either the judicial and executive branch”.

The Senator will be Apprehended

Based on the proclamation, Trillanes has no pending application for amnesty granted to all active and former personnel of the Armed Forces of the Philippines and supporters who joined the July 2003 Oakwood Mutiny, the February 2006 Marines stand-off and the November 2007 Manila Peninsula incident. The proclamation also tasked the AFP and the PNP “to employ all lawful means to apprehend former (Lieutenant Senior Grade) Antonio Trillanes so that he can be recommitted to the detention facility where he had been incarcerated for him to stand trial for the crimes he is charged with,” citing the power of the President under Article VII, Sec. 19 of the Constitution to grant amnesty.

Military Court Martial?

The Philippine National Police (PNP) said it respects the court’s ruling. “The PNP as a law enforcement agency will always respect. It upholds whatever is the decision of any judicial authority,” said PNP spokesperson Chief Supt. Benigno Durana Jr. The President still gets a strong support from the military. However, Senator Ping Lacson said that only the Supreme Court can decide whether Senator Antonio Trillanes IV should face a military court even as a civilian.

Court of Appeals in the Supreme Court

Justice Secretary Menardo Guevarra clarifies that the Department of Justice determines the next step. This is in the amnesty issues of Senator Trillanes. Parties have 15 days to file an appeal or motion for reconsideration before a court. Guevarra said that the DOJ is finalizing its next step. It is likely that it will end up in the Court of Appeals. The rebellion case was dismissed in 2011 pursuant to the amnesty granted by former President Benigno Aquino. But President Du30 declared the amnesty “void from the beginning” through Proclamation 572.

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