MANILA, Philippines (Update 2, 3:55 p.m.) — A Makati court has issued a warrant against Sen. Antonio Trillanes IV—a fierce critic of President Rodrigo Duterte—over a rebellion case following the president's issuance of Proclamation 572 voiding his amnesty.
Makati Regional Trial Court Branch 150 Judge Elmo Alameda ordered Trillanes' arrest on Tuesday, granting the motion of the Department of Justice.
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“Bail for temporary liberty of the accused is fixed at P200,000,” the order from Judge Alameda read.
“The Court on the basis of the motion, pleadings and hearing conducted upon directive of the Supreme Court finds factual and legal basis for the issuance of Proclamation 572 on August 31, 2018 by President Rodrigo Duterte,” the Court said.
Alameda noted that the Supreme Court ruled on September 11 that the issue on whether Trillanes filed for amnesty and whether he admitted guilt was for the local courts to determine.
Trillanes’ petition before the SC, however, remains pending. It has yet to rule on the challenged constitutionality of Proclamation 572. Solicitor General Jose Calida—who also initiated the review of Trillanes’ amnesty records—filed on Monday the government’s answer or Comment on the senator’s petition for certiorari.
Affidavits, photos not enough to convince court
The judge also said that Trillanes “failed to convince the Court that he indeed complied with the minimum requirement” in applying for amnesty.
It said that the pieces of evidence Trillanes had presented—such as a photograph of him holding the application form, Col. Josefa Berbigal’s affidavit saying that she received Trillanes’ form, and others—must be “disregarded.”
The Court said that the pieces of evidence are “barren of probative weight to prove compliance by Senator Trillanes of the minimum requirements set forth in the rules and procedures in the processing of amnesty application.”
It also noted that Trillanes’ statement, when he was interviewed by GMA News in 2011, “are in conflict and irreconcilable with his adamant position that he applied for amnesty and admitted his guilt.”
Trillanes was quoted in the said article 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.”
“Trillanes also failed to comply with additional requirement under DND AC Circular No. 1 for him to recant all previous statements inconsistenyt with the requirement of admission of that guilt,” the order read.
In their four-page “Very Urgent Ex-Parte Omnibus Motion for the Issuance of a Hold Departure Order and Warrant of Arrest" filed before Makati RTC Branch 150, the prosecutors pointed out that Trillanes posted bail on the rebellion case on July 15, 2010.
Four months later, President Benigno Aquino III granted amnesty to active and former personnel of the AFP, PNP and their supporters over the Oakwood mutiny, Marines standoff and the Manila Peninsula incident.
They noted that the court, on Sept. 7, 2011, granted Trillanes’ “Motion to Dismiss” pursuant to the grant of amnesty. The government argues that the amnesty was declared void and that trial should continue.
“It is clear that this instant case is still pending with this Honorable Court, as the prosecution has yet to present its evidence in chief insofar as accused Trillanes is concerned,” they said.
Trillanes to post bail
Trillanes has been staying at the Senate since the publication of Proclamation 572.
When news on the warrant broke, Trillanes was presiding over a hearing of the Senate committee on Social Justice, where he is vice chairman.
The National Capital Region Police Office took custidy of him at the Senate and brought him to the Makati Police Station for booking.
ANTONIO TRILLANES IVDEPARTMENT OF JUSTICETRILLANES AMNESTY
As It Happens
LATEST UPDATE: September 25, 2018 - 5:51pm
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.
September 25, 2018 - 5:51pm
Sen. Trillanes who is back in Senate after posting a P200,000 bail thanks minority senators and those who offered prayers that he will not be harmed.
September 25, 2018 - 4:35pm
Sen. Grace Poe says she is confident Sen. Trillanes can defend his case before the court.
She also raised concern about trust in government.
"So kung kukwestiyunin 'yung kanya, lahat 'yun malalagay sa peligro at mawawalan ng bisa ang amnestiya na ibibigay ng gobyerno sa mga darating na panahon; papaano magkakaroon ng tiwala? Kaya ako, dasal ko naman na ang mahihiling natin dito ay ang pagiging patas ng Korte na pakinggan talaga," she says.
September 25, 2018 - 4:27pm
Sen. Trillanes will return to the Senate after posting bail, opposition's Sen. Bam Aquino says.
September 25, 2018 - 4:21pm
Sen. Trillanes arrives at the Makati RTC Branch 150 to post bail worth P200,000.
September 25, 2018 - 4:06pm
The Human Rights Watch also issues a statement, similarly attributing the arrest of Sen. Trillanes to the Duterte administration's persecution of critics "who dared to challenge the president’s murderous 'drug war.'"
"This started with the demonization and eventual incarceration of another senator, Leila de Lima, based on trumped-up charges. Senator Trillanes has proven to be the biggest thorn in the side of President Duterte," HRW Asia Division researcher Carlos Conde says.
SOURCE : philstar