Makati court schedules hearing for Trillanes on Thursday

September 10, 2018

A Makati court did not issue a warrant of arrest against opposition Senator Antonio Trillanes IV but set for hearing on Thursday the petition of the Department of Justice seeking to order his arrest after President Rodrigo Duterte issued a proclamation nullifying the amnesty to the former navy officer.

In a three-page order Monday, Judge Elmo Alameda of Makati City Regional Trial Court Branch 150 said a  hearing on the DOJ’s ex-parte motion will be held September 14, one day after Judge Andres Soriano of Branch 148 is scheduled to hear a similar request.

"The court is not persuaded with the argument of the prosecution that its omnibus motion should not be set for hearing and should be acted by this court ex-parte," Alameda said.

"While the motion has been denominated as ex-parte, the court after thoroughly considering the grounds and arguments raised therein, is of the view  that acting on the motion without setting it for hearing would definitely prejudice the right of the accused to due process," he added.

Alameda’s branch handled the rebellion case against Trillanes and others over the 2007 Manila Peninsula Siege. He dismissed the case in 2011 due to the government's amnesty granted to Trillanes.

Judge Ma. Rita Bascos Sarabia, formerly of Branch 148, dismissed the coup charge against Trillanes over the 2003 Oakwood Mutiny on the same grounds.

The justice department said voiding of Trillanes' amnesty over an alleged failure to comply with "minimum" requirements removes the basis for dismissal of the cases. DMS

In his order, Alameda noted that the petition may prompt him to wait for the SC’s  action.

"There is also the constitutional issue raised before the Supreme Court by the accused on the validity or legality of the revocation of Proclamation No. 75, which may be a ground for this court to wait for the ruling of the Honorable Supreme Court because of the presence of strong probability that the issues raised therein would be rendered moot if this court would proceed to act on the Omnibus Motion," Alameda pointed out. DMS