Court junks Trillanes’ TRO plea to stop trial of siege raps
Credit to Author: The Manila Times| Date: Wed, 20 Mar 2019 10:49:01 +0000
The Court of Appeals (CA) has rejected a plea of Sen. Antonio Trillanes 4th for a stay order to halt his prosecution in connection with a rebellion case stemming from the November 2007 Manila Peninsula siege.
This means that the Makati Regional Trial Court (RTC) Branch 150 can proceed with a trial of the case against the senator, in connection with the revived rebellion charges against him after President Rodrigo Duterte revoked his amnesty that was granted by then-President Benigno Aquino 3rd.
In a four-page resolution, a copy of which was obtained by The Manila Times, the CA’s 9th Division on Tuesday ruled to dismiss the petition for a temporary restraining order (TRO) and/or writ of preliminary injunction.
“Accordingly, the application for a temporary restraining order or a writ of preliminary prohibitory injunction is denied at this time,” the resolution, penned by Justice Apolinario Bruselas Jr. and dated March 18, 2019, read.
Justices Myra Garcia-Fernandez, the senior member, and Geraldine Macaraig, the junior member, concurred with the ruling.
Bruselas, Fernandez and Macaraig are also the regular members of the CA’s 9th Division.
The appellate court said it could not grant the plea for TRO of Trillanes because it would touch the merits of the case.
“Given the foregoing state of facts, the ancillary remedies applied for may not be granted at this time without running afoul with the principle that provisional reliefs may not be granted in advance of the main action where the provisional relief is the very remedy prayed for in the complaint of petition,” it said.
The CA argued that it “may not temporarily restrain or preliminarily enjoin the prosecution of the criminal action for rebellion at this stage because to do so would be to grant the principal prayer for certiorari, prohibition and/or injunction without the benefit of hearing.”
It ordered the Department of Justice (DoJ) and the Office of the Solicitor General (OSG) to file their comment within 10 days from notice. Trillanes will have five days to reply to the same.
The DoJ and the OSG ordered the revival of the rebellion case of Trillanes following the revocation of his amnesty.
In a petition for certiorari lodged by the senator before the CA and dated March 11, 2019, he prayed to stop RTC Branch 150 Judge Elmo Alameda from proceeding with the trial of his case.
Trillanes asked the court to revoke Alameda’s decisions to grant the motions of the DoJ, order the arrest of Trillanes and issue a hold departure order against him.
He assailed these orders of the lower court, stating that Alameda committed grave abuse of discretion amounting to lack of jurisdiction in refusing to admit the certificate of amnesty issued by the Department of National Defense to petitioner as proof that he had applied for and/or was granted amnesty under Proclamation 75.
Trillanes said the burden of proof on the accusation of the government against him rested with the prosecution.
On November 24, 2010, Aquino signed a proclamation pronouncing an amnesty to active and former personnel of the AFP and Philippine National Police (PNP), as well as their supporters who had committed crimes punishable under the Revised Penal Code, the Articles of War and other laws in connection with the 2003 Oakwood mutiny, the 2006 Marines stand-off and the 2007 Manila Peninsula incident that resulted in the rebellion charges.
On August 31, 2018, President Rodrigo Duterte signed Proclamation 572 declaring void the amnesty granted to Trillanes under Proclamation 75 on the ground that he had failed to comply with the necessary requirements for its grant, including the filing of his application and admission of guilt.
Trillanes sought relief from the Supreme Court challenging the proclamation, but the tribunal junked his plea for a TRO and remanded factual issues of the cases to the trial courts.
The Makati RTC Branch 148 dismissed a motion seeking Trillanes’ arrest but declared the invalidation of the amnesty as valid.
The DoJ appealed the decision in October 2018, but lost anew, prompting the OSG to seek redress before another division of the Court of Appeals. JOMAR CANLAS
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