Makati court wants authenticated copy of 2011 article on Trillanes' filing of amnesty
MANILA, Philippines — The Makati court handling the government’s plea for a warrant against Sen. Antonio Trillanes IV over a rebellion case has ordered GMA News to provide a copy of a news article that was marked as evidence in the hearing last week.
Judge Elmo Alameda of Makati Regional Trial Court Branch 150 ordered the executives of GMA Network News TV to produce the “duly authenticated copy”
of a GMA News report published in 2011.
The court specifically issued a “subpoena duces tecum,” a summon to a person to bring relevant documents, for GMA News to give an authenticated copy. Inparticular, the board of the news firm was directed to furnish an authenticated copy of the story titled “Trillanes avails of amnesty, admits ‘breaking rules.’”
The said article was published on Jan. 5, 2011, and was written by Mark Meruenas.
The article was in the footnotes of Proclamation 572, which voided the amnesty granted to Trillanes based on his alleged failure to file an application form and admit guilt.
The senator has disputed the basis of the proclamation.
September 14 hearing
During the hearing on September 14, state prosecutors and Reynaldo Robles, legal counsel of Trillanes, each presented pieces of evidence that might be used in supporting their arguments in court.
Acting Prosecutor General Richard Fadullon cited the news article as one of the pieces to be marked as evidence in the case.
In the said news article, Trillanes was quoted as saying: “I would like to qualify that we did not admit to the charge of ‘coup d’etat’ or anything na finile sa amin because we believe hindi iyon ang nararapat na charge sa ginawa sa amin.”
Fadullon said to the court that “the article will be authenticated.”
Robles, for his part, wanted to submit a video showing his client, Trillanes, filed an application form and that it was received by a certain Josefa Berbigal as evidence.
But Alameda pointed out that the video is not authenticated.
The judge also stressed: “The court needs the actual application form,” as it would be the primary evidence in the case.
RELATED: DND should account for 'missing' amnesty form, Trillanes lawyer says
Robles said that they would try to secure an affidavit from Berbigal, in relation to the video of Trillanes’ filing.
Alameda signed the order on September 18.
The news company is ordered to submit a copy to the court and the Office of the Prosecutor General at the Department of Justice not later than Wednesday, September 19.
Makati RTC Branch 150 has also allowed both parties time to expound on their arguments by filing additional pleadings.
The DOJ was given five days to file their reply on Trillanes camp’s opposition to their motion on the issuance of a warrant and hold departure order. While Robles was also given five days to file their rejoinder on the DOJ’s reply.
State prosecutors also failed to secure a warrant and travel ban last Thursday, September 13. Makati RTC Branch 148 Judge Andres Soriano also gave both parties time to submit pleadings.
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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