THE Department of Justice on Thursday reiterated its plea for the Makati City Regional Trial Court to issue hold departure order and alias warrant of arrest against opposition Senator Antonio Trillanes IV and subsequently proceed with the stalled trial of the coup d’etat charges against him.
In a 10-page reply, the DoJ asked Judge Elmo Alameda of the Makati City RTC Branch 150 to grant its motion for the issuance of an HDO and alias warrant of arrest against Trillanes.
The DoJ’s reply signed by Acting Prosecutor General Richard Anthony Fadullon stressed that Trillanes failed to show “received” copy of duly accomplished amnesty application form during the RTC hearing, and news reports indicated he refused to admit guilt over 2007 Manila Pen siege.
The DoJ noted that during the Sept. 14 court hearing on its motion, Trillanes failed to present proof of his duly accomplished amnesty application form with stamp “received” by the Department of National Defense, which processed the amnesty applications, contrary to his claim that he faithfully complied with said requirement.
“As aptly pointed out by this honorable court during the motion hearing, the best evidence that accused could submit to prove his claim is a copy of his application form bearing the receiving mark/stamp of the DND. This, the accused failed to do,” stated the reply also signed by Senior Assistant State Prosecutor Juan Pedro Navera, and Assistant State Prosecutors Josie Christina Dugay and Evee Eunice Keyser.
“As to the requirement of admission of guilt, the DoJ explained that Trillanes also failed to comply with this based on a media interview he gave where he was quoted to have said, “I would like to qualify that we did not admit to the charge of ‘coup d’etat’ or anything we filed because we believe those were not the appropriate charges against us,” the DoJ prosecutors said.
According to the DoJ, Trillanes’ failure to comply with the minimum requirements set for by law pertaining to the grant of his amnesty” led to the voiding of the reprieve.
“Since Proclamation No. 572 declared void ab initio (from the very beginning) the amnesty granted to accused Trillanes for being flawed and/or defective for reasons solely attributable to him, it is as if no amnesty was granted to him. Thus, the dismissal of the case was a void judgment,” the DoJ said.
The Justice department also argued that the lower court had jurisdiction to hear and rule on its motion for issuance of allias warrant and HDO per Supreme Court September 11 resolution.
“This honorable court has the authority to issue a warrant of arrest and a hold departure order against accused Trillanes. It has not lost jurisdiction over the case. No less than the Supreme Court en banc, in its resolution dated Sept. 11, 2018, acknowledged the jurisdiction of the Regional Trial Courts of Makati to hear and resolve the pleadings/motions filed by the parties,” the DoJ said.
The DoJ also submitted more evidence to beef up their argument to grant their appeal.
“In addition to the documentary evidence submitted hereto and the request for their marking as People’s exhibits, the prosecution reserve its right to prevent additional evidence in the course of the trial,” the DoJ said.
The Makati City RTC Branch 150 handled the rebellion case against Trillanes and other Magdalo soldiers over the Manila Peninsula siege in 2007.
However, the case was dismissed after former president Benigno Aquino III issued an amnesty to Trillanes and other Magdalo rebel soldiers.
In Proclamation 572, President Rodrigo Duterte declared the amnesty given to Trillanes as void ab initio.
In his comment opposing the motion for HDO and warrant of arrest, Trillanes insisted that the case against him had been dismissed seven years ago and that it could no longer be revived by a mere proclamation and a motion by the DoJ.
After the submission of all the pleadings, the court said the case was deemed submitted for resolution.
