Amid Trillanes cases, courts urged to resist 'collateral attacks' on independence
MANILA, Philippines — Amid the legal challenges brought by President Rodrigo Duterte’s Proclamation 572, the Integrated Bar of the Philippines on Monday called on courts to “resist collateral attacks” on its independence.
The IBP Board of Governors, in a statement, exhorted “the courts to resist collateral attacks against its judgements and creeping incursions on its independence.”
“An independent and impartial judiciary remains the most powerful bastion that protects our cherished constitutional rights against the excesses of political power,” the board of 40,000-strong lawyers’ group added.
Duterte, through Proclamation 572, declared the amnesty granted to his critic, Sen. Antonio Trillanes IV, as “void from the beginning.” The chief executive also ordered the arrest of the senator, despite no pending case against Trillanes at local courts.
For the IBP, the “overt audacity” to arrest Trillanes for crimes that had been abolished by former President Benigno Aquino III and was concurred with by the Congress is alarming.
Trillanes has run to the Supreme Court to assail the constitutionality of Proclamation 572. According to a STAR report, the SC en banc will tackle his petition tomorrow.
The senator sought for the issuance of a temporary restraining order to stop the Armed Forces of the Philippines and the Philippine National Police from arresting him under Proclamation No. 572.
Trillanes' lawyer, Reynaldo Robles, admitted that they were advised not to seek the SC as it has been "politicized" as seen in its decision. The SC has declared as void former Chief Justice Maria Lourdes Sereno's appointment last May. The move was initiated by Solicitor General Jose Calida, the same man who dug up records regarding Trillanes' amnesty.
READ: 'I cannot refuse': Duterte confirms Calida triggered review of Trillanes amnesty
But Robles said that their camp is hoping that the SC will "stand for the nation."
The senator is also facing legal battles in two Makati courts, as state prosecutors asked for alias warrants over coup d’etat and rebellion cases filed against the senator—this, despite 2011 rulings stating that the cases had been dismissed pursuant to the amnesty.
Makati Regional Trial Court Branch 150—where Trillanes had been charged with rebellion over the Manila Peninsula siege—is set to rule on the Department of Justice’s motion for alias warrant on Monday.
Meanwhile, a hearing was set by Makati RTC Branch 48—where Trillanes had been charged with coup d’etat over Oakwood mutiny—on Thursday, September 13.
The IBP stressed: “Arresting and incarcerating Sen. Trillanes for offenses dismissed by amnesty runs roughshod over the constitutional guarantee against double jeopardy.”
President Rodrigo Duterte has revoked amnesty granted to Sen. Antonio Trillanes IV in 2011 in relation to his involvement in mutinies against the administration of President Gloria Macapagal-Arroyo in 2003, 2006 and 2007.
Duterte claims in Proclamation 572 that Trillanes "did not comply with the minimum requirements to qualify under the Amnesty Proclamation."
President Benigno Aquino III granted the amnesty through a proclamation in 2010 that Congress concurred in.
The amnesty proclamation covered active and former police and military personnel and "[extinguished] any criminal liability for acts committed in connection, incident or related to the July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007 Peninsula Manila Hotel Incident without prejudice to the grantee’s civil liability for injuries or damages caused to private persons."
Trillanes, a lieutenant, senior grade, at the time of the Oakwood Mutiny, applied for amnesty in 2011.
The Court of Appeals reaffirms the ruling of a Makati court judge to deny the government's appeal to arrest former Sen. Antonio Trillanes IV over a revived coup d'etat case.
The CA rules that Judge Andres Soriano did not commit grave use of discretion, contrary to the claim of the Office of the Solicitor General.
"Therefore, it cannot be said that the grant of amnesty in favor of private respondent was validly revoked. As a result, the charges against private respondent in connection with the offenses "forgotten" or forgiven by the amnesty must be necessarily dropped," the CA says.
The continuation of Sen. Antonio Trillanes IV's trial for a rebellion case has been moved to May as the Court of Appeals denies his petition for a TRO against it.
The CA denied the petition for TRO for the trial at Makati RTC Br. 150 saying doing so would mean granting the main prayer without trial.
Court of Appeals denies Sen. Trillanes’ plea for TRO vs rebellion trial at Makati court. Court says issuing a halt order would mean granting prayer for main petition, without trial. The court ordered Makati Judge 150 Alameda, DOJ to comment on the senator’s plea. | @kristinepatag pic.twitter.com/PNq6iS3lSi
— Philstar.com (@PhilstarNews) March 19, 2019
The court has also directed Makati RTC Br. 150 Judge Elmo Alameda to comment on Trillanes' petition.
The rebellion case is over Trillanes' participation in the 2007 Manila Peninsula siege, for which amnesty was granted in 2011. President Rodrigo Duterte has voided the amnesty.
The Department of Justice has transmitted to the Office of the Solicitor General the order by Makati Regional Trial Court Branch 148 denying its motion for reconsideration on an earlier decision not to issue an arrest warrant for Sen. Antonio Trillanes IV over a coup d'etat case it dismissed in 2011.
The court has stood firm on its decision that Trillanes applied for amnesty and acknowledged guilt in mutinies against the Arroyo administration.
It also stood by the same decision that found that Proclamation 75, which voided Trillanes' amnesty, is legal and is within the president's powers to issue.
"We are transmitting the Joint Order for your office to consider the filing a petition for certiorari with the higher courts witin the time allowed by the Rules of court, " Senior Deputy State Prosecutor Richard Fadullon, OIC prosecutor general, says in his letter.
Presidential spokesperson Salvador Panelo had initially said Solicitor General Jose Calida would go straight to the Court of Appeals and not wait for the Makati court to reconsider.
The Department of Justice will file a motion for partial consideration at Makati RTC Branch 148 by Friday, Justice Secretary Menardo Guevarra tells reporters.
The motion will only ask the court to reconsider "only insofar as it found that sen trillanes had sufficiently shown that he filed his certificate of amnesty, and that therefore it follows that he also admitted his guilt."
The Palace had earlier said Solicitor General Jose Calida was already preparing a petition questioning the Makati court's resolution before the Court of Appeals.
Lawyer Rhodora Peralta, Makati RTC Br148 clerk of court, confirms that Judge Andres Soriano has issued a resolution on a Department Justice plea to issue a warrant of arrest against Sen. Antonio Trillanes IV.
She says they will not give out copies until parties of the case receive the resolution first.
Makati RTC Br148 Clerk of Court lawyer Rhodora Peralta confirms that Judge Andres Soriano has issued resolution, but a copy has yet to be given to parties. She said they won’t give out copies until parties of the case receive the resolution. | via @kristinepatag pic.twitter.com/Sh4NYmz0CO
— Philstar.com (@PhilstarNews) October 22, 2018
She refuses to give details on what the resolution says.
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