SC junks Trillanes' TRO plea vs Duterte proclamation
MANILA, Philippines (Update 2, 1:49 p.m.) — Sen. Antonio Trillanes IV failed to secure immediate relief from the Supreme Court as the tribunal denied his petition for halt order against Proclamation 572.
SC spokesperson Maria Victoria Gleoresty Guerra said that the SC, in a full court session on Tuesday, ruled to deny Trillanes’ prayer for temporary restraining order.
“Only a trial court and in certain cases, the Court of Appeals, are trier of facts,” the SC PIO added.
The SC noted that “it is appropriate that the Makati RTCs should be given leeway in exercising their concurrent jurisdiction to hear and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation No. 572.”
Trillanes, on September 6, elevated his legal battle with President Rodrigo Duterte’s Proclamation 572 to the highest court of the land.
Through his lawyer Reynaldo Robles, Trillanes filed a petition for certiorari to challenge the constitutionality of the proclamation that said that the amnesty granted to him was “void from the beginning.”
He asked for a TRO to stop the members of the Armed Forces of the Philippines and the Philippine National police from arresting him.
The Department of Justice, last week, filed motions to the issuance of arrest warrant and travel ban before two separate trial courts in Makati.
Two hearings have been set on the Trillanes’ cases over Magdalo immunities.
Makati Regional Trial Court Branch 148 will hold a hearing on September 13 over the coup d’etat case for the 2003 Oakwood Mutiny, while Branch 150 will hear the rebellion case over the 2007 Manila Peninsula siege on September 14.
'Duterte says no arrest until court issues warrant’
The SC also took “judicial notice” of Duterte’s “categorical announcement” that the senator will not be apprehended unless a trial court issues a warrant.
“Thus, there is no extreme and urgent necessity for the Court to issue an injunctive relief considering the respondents have acknowledged Sen. Trillanes’ right to due process,” the SC also said.
The Palace said last week that Duterte will wait for the rulings of the local trial courts if a warrant will be issued against Trillanes.
The SC ordered the respondents to comment on Trillanes’ petition that seeks for the nullification of Proclamation 572 as unconstitutional in 10 days.
Robles earlier admitted that they were advised against seeking the high tribunal, noting how it had been “politicized.”
Last May, the SC voted to nullify the appointment of former Chief Justice Maria Lourdes Sereno, who was publicly branded as enemy by Duterte.
The quo warranto petition was initiated by Solicitor General Jose Calida, who is also behind the review of Trillanes’ amnesty records.
But Robles said: “I believe that the justices of the Supreme Court and the judges in the trial court would act if they see this abuse and assault our Constitution and defend our rights.
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