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Malacañang respects court’s junking of Trillanes arrest

by UNTV News   |   Posted on Monday, October 22nd, 2018

Sen. Antonio Trillanes IV during a press conference at the Senate after the decision of Makati RTC was released on Monday, October 22, 2018.

 

Malacañang on Monday (October 22) said it respects the decision of Makati RTC Branch 148 to deny the motion submitted by the Department of Justice for the arrest of Senator Antonio Trillanes IV in connection with his criminal charge for coup d’etat.

In his ruling, Judge Andres Soriano referred to the doctrine of immutability wherein a decision that has acquired finality may no longer be modified.

The court noted records that show the coup d’état case against Trillanes has already been dismissed in September 21, 2011 and that the decision was final and executory.

Nevertheless, the court upheld the validity of Proclamation No. 572 which voids the amnesty given to Trillanes in 2010.

The Palace welcomed the affirmation of the proclamation issued by the President.

“It signifies that this administration is not engaged in the political persecution of its critics but is only enforcing the law against anyone who goes against its command,” Presidential Spokesperson & Chief Presidential Legal Counsel, Salvador Panelo said in a statement.

The Palace reiterated that it will continue to respect the constitutional independence of the Judiciary and assured that the Executive Branch will always “bow down to the majesty of the law.”

Panelo also said that Malacañang will not “unfairly appeal to the pity of the public but will address this matter head on in the proper forum.”

He also noted that “The ruling of the court already suggests that this case is unique,” and that “the first jeopardy has not yet been validly terminated since the dismissal of the case for coup d’etat was based on a void executive grant.”

This would mean “existing legal remedies under the law may be availed of,” particularly since the court confirmed the legality of Presidential Proclamation No. 572.

Panelo said the Office of the President will leave it to the Department of Justice or the Office of the Solicitor General to decide which legal course to take in relation to the case. — Chato Alonsagay

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Trillanes camp confident Makati court will junk DOJ’s bid for his arrest

by UNTV News   |   Posted on Friday, September 28th, 2018

Senator Antonio Trillanes

PASAY CITY, Philippines — The camp of Senator Antonio Trillanes IV trusts that Judge Andres Soriano of Makati Regional Trial Court Branch 148 will not grant the motion filed by the Department of Justice (DOJ) requesting the court to issue a warrant of arrest against the senator for his non-bailable case of coup d’etat.

“We remain confident that he will do the right thing and the right thing is very obvious here which is to deny the motion of the Department of Justice for the issuance of a warrant of arrest,” said former Solicitor General Florin Hilbay who was tapped to dispute the nullification of the amnesty granted to Trillanes by former President Benigno Aquino III in November 2010.

The voiding of the amnesty through Proclamation No. 572 effectively revives the rebellion and coup cases against the senator.

Judge Soriano, who is handling Trillanes’ coup d’etat case, had previously deferred the latter’s immediate arrest.

Meanwhile, despite their confidence, Hilbay said they are watching closely how things will unfold in the succeeding days.

Trillanes is currently staying inside his office at the Senate as advised by his legal counsels who believe that it is the safest place for him to be in at the moment.

“This is quite outrageous that you have a senator of the public hiding in the office simply because the president has decided to have him arrested even without a warrant and has placed upon the judges the burden of having to validate a patently unconstitutional order,” Hilbay said.

He also advised the embattled senator not to lose hope and to remain calm amid the challenges against him. — Asher Cadapan Jr.

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Duterte confirms Calida initiated review of Trillanes’ amnesty grant

by UNTV News   |   Posted on Monday, September 10th, 2018

FILE PHOTO: Solicitor General Jose Calida

 

Upon his return to the country on Saturday, President Rodrigo Duterte confirmed that Solicitor General Jose Calida initiated the review of the amnesty granted to Sen. Antonio Trillanes IV.

Malacañang has released last week Proclamation No. 572 which voids the amnesty granted to Sen. Trillanes in 2011 by then president Benigno Aquino III in relation to the former’s rebellion and coup cases.

The proclamation states that “the grant of amnesty to former LTSG Antonio Trillanes IV under Proclamation No. 75 is declared void ab initio because he did not comply with the minimum requirements to qualify under the Amnesty Program.”

Speaking before the media at Davao City International Airport, President Duterte said he couldn’t say no to SolGen Calida especially when there is strong evidence.

“Alam mo si Calida medyo bright na matino. ‘Pag sinabi ng SolGen may mali and this has to be corrected, I cannot refuse,” said Duterte.

“He is the government lawyer; I am not. Though I am a mayor or a mayor and a President, I cannot insist, lalo na in view of the fact it was already recorded as a public paper. So kung ano ‘yang sinabi niya doon, then ‘yun ang paniwalaan ko.”

The President also said that it is up to the Supreme Court to decide whether to void or affirm the said proclamation.

“Well, nandiyan na sa Supreme Court. I leave it at that. If the Supreme Court would say that my declaration, proclamation is null and void, then let it fall. But then… if I’m affirmed or sustained, then it’s the military now,” Duterte said.

He also maintained that he is not targeting Trillanes
and refuted speculations that the proclamation is part of an effort to silence his critics.

“Sila nga ang nagsasalita diyan, ako tahimik lang eh,” he said. “Hindi ko kasi sinasagot, alam mo bakit? Kung bigyan mo ng importansya ‘yang sila — feeling great sila,” the President said. — Janice Ingente

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TIMELINE: Events leading to the voiding of Trillanes’ amnesty

by UNTV News and Rescue   |   Posted on Friday, September 7th, 2018

July 27, 2003:

Three hundred (300) soldiers calling themselves the “Magdalo Group” staged the infamous Oakwood Mutiny, named after the deluxe Oakwood Premier Hotel at the heart of Makati business district, in protest of the alleged irregularities in the Armed Forces of the Philippines (AFP). The mutiny was led by then Lt. Senior Grade Antonio Trillanes IV together with other junior officers calling the resignation of then president Gloria Macapagal Arroyo and other government officials. The operation prospered for several hours, ending with the surrender of Trillanes and his group.

 

 

 

May 14, 2007:

While detained, Trillanes sought for election in the Senate and won with over 11 million votes.

 

November 29, 2007:

Trillanes, together with then-Brigadaire General Danilo Lim and then Vice President Teofisto Guingona, led the Manila Peninsula siege after they walked out of the Makati Regional Trial Court during a trial for the Oakwood mutiny. The military was compelled to storm the high-end hotel as negotiations were going nowhere. Trillanes and his colleagues were arrested after government forces barged inside the hotel.

Government troops storm inside the hotel with tanks to arrest Trillanes et al

 

November 24, 2010:

Then President Benigno Aquino Jr. signed Proclamation 75 granting amnesty to Trillanes and other soldiers who participated in the failed uprisings.

December 13, 2010:

The Congress gave its concurrence on the amnesty proclamation.

January 5, 2011:

Trillanes applied for amnesty and it was accepted by the Department of National Defense (DND).

Trillanes files his application for amnesty

 

September 2011:

The Makati courts dismissed the coup d’etat and rebellion charges against Trillanes.

May 13, 2013:

Trillanes was reelected in Senate.

August 31, 2018:

After 15 years of being a free citizen, President Rodrigo Duterte signed proclamation 572 declaring the amnesty granted to Trillanes as “void ab initio” for failing to comply with the necessary requirements.

 

 

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