OSG asks CA to issue arrest order vs Trillanes
Credit to Author: Tempo Desk| Date: Tue, 29 Jan 2019 09:26:51 +0000
SENATOR Trillanes
THE Office of the Solicitor General (OSG) has asked the Court Appeals (CA) to issue a a warrant of arrest against Senator Antonio Trillanes IV for a coup d’etat case.
In its petition, the OSG asked the appellate court to nullify “the respondent Judge’s Orders dated October 22, 2018 and November 22, 2018” and issue a warrant of arrest against the senator.
The OSG is referring to the orders of Judge Andres Soriano of Makati City Regional Trial Court (RTC) Branch 148 which denied the motion of the Department of Justice (DoJ) seeking the issuance of the arrest warrant.
The DoJ filed the motion as it sought the revival of the coup d’etat case against the lawmaker after President Duterte issued Proclamation No. 572 which declared as “void ab initio” or void from the start the amnesty given to Trillanes over his participation in the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege.
Trillanes was granted amnesty in 2011 under Proclamation No. 75 issued by then President Benigno “Noynoy” Aquino III.
On the other hand, the RTC’s order also denied the pleadings of Trillanes who asked to declare as unlawful Proclamation No. 572.
In its petition, the OSG also asked the CA to have the coup d’etat case remanded “to the trial court for continuation of proceedings.
“An amnesty can only be valid if it is granted by the President pursuant to Section 19, Article VII of the 1987 Constitution, and the accused admits his guilt for the crime he was charged with,” the OSG told the appellate court.
The OSG argued that in this case “it was Defense Secretary Voltaire Gazmin who granted Senator Antonio Trillanes IV amnesty, not the President.”
“Worse, Trillanes was given amnesty although he did not even admit having committed the crimes for which he was indicted,” it pointed out. (Jeffrey Damicog)