SC rejects Trillanes bid for TRO on revocation of his amnesty

September 11, 2018

The Supreme Court denied Senator Antonio Trillanes IV’s petition for a temporary restraining order on  Proclamation No. 572 that nullifies amnesty granted to him and ordered his arrest and prosecution, in connection with unsuccessful coups against the Arroyo administration.

But the High Tribunal noted  President Rodrigo Duterte’s pronouncement that Trillanes will not be arrested, unless a warrant of arrest has been issued by the trial court.

The SC ordered the respondent officials of the executive department to file its comment on the petition of Trillanes within 10 days from notice.

SC spokesman Gleoresty Guerra said a majority of the SC justices during the session voted to dismiss the urgent prayer in the petition filed by Trillanes.

"There is no extreme and urgent necessity for the Court to issue an injunctive relief considering that the respondents have acknowledged Senator Trillanes' right to due process. In fact, the DOJ has caused the filing of pertinent motions before the Makati City  Regional Trial Courts," Guerra said.

The high court also cited technical grounds in denying the senator's plea for TRO.

"Hence, it is appropriate that the Makati RTCs should be given leeway in exercising their concurrent jurisdiction to head and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation No. 572," she added.

The scheduled hearings of Makati RTC Branch 148 on coup d'etat case and Branch 150 on rebellion case later this week will proceed.

Branch 150, on the other hand, has denied DOJ's motions for issuance of arrest warrant and hold departure order, but set a hearing to decide whether or not to reopen the rebellion case.

Proclamation 572 nullified Amnesty Proclamation No. 75 issued by former President Bengino Aquino III absolving Trillanes of criminal liability in staging failed coup d’états against former president and now House Speaker Gloria Macapagal- Arroyo. DMS