Embattled Senator Antonio Trillanes IV failed to secure temporary restraining orderfrom the Supreme Court after his petition was denied to stop order against Proclamation 572.
Maria Victoria Gleoresty Guerra, Supreme Court spokesperson said that the SC, in a full court session on Tuesday said that the tribunal has ruled to deny Trillanes’ prayer for TRO because only a trial court and in certain cases, the Court of Appeals, are trier of facts.
The SC also noted that “it is appropriate that the Makati RTCs should be given leeway in exercising their concurrent jurisdiction to hear and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation No. 572.”
On September 6, Trillanes raised his legal battle with President Rodrigo Duterte’s Proclamation 572 to the highest court of the land through his lawyer Reynaldo Robles.
In a petition filed by the Senator for certiorari to challenge the constitutionality of the proclamation that said that the amnesty granted to him was “void from the beginning.”
In his petition, he is asking the Supreme Court to stop the members of the Armed Forces of the Philippines and the Philippine National police from arresting him.
Last week, the Department of Justice filed motions to the issuance of arrest warrant and travel ban before two separate trial courts in Makati. There are two hearings that have been set on the Trillanes’ cases over Magdalo immunities.
The Makati Regional Trial Court Branch 148 will hold a hearing on September 13 over the coup d’etat case for the 2003 Oakwood Mutiny, while Branch 150 will hear the rebellion case over the 2007 Manila Peninsula siege on September 14.
The SC also took “judicial notice” of Duterte’s “categorical announcement” that the senator will not be apprehended unless a trial court issues a warrant.“Thus, there is no extreme and urgent necessity for the Court to issue an injunctive relief considering the respondents have acknowledged Sen. Trillanes’ right to due process,” the SC also said.
In compliance with the presidential proclamation, the Department of Justice has moved for Trillanes’ arrest before the two Makati courts that handled the criminal cases against him in connection with the 2003 Oakwood Mutiny and the 2007 Manila Peninsula Siege.
The Makati Regional Trial Court’s Branches 148 and 150, which dismissed the coup d’etat and rebellion cases against the former Navy officer due to the amnesty grant, will hear the DOJ’s motions on Thursday and Friday, respectively.
The Palace said last week that Duterte will wait for the rulings of the local trial courts if a warrant will be issued against Trillanes.
The SC urged the respondents to comment on Trillanes’ petition that seeks for the nullification of Proclamation 572 as unconstitutional in 10 days.
Robles, Trillanes’ lawyer earlier admitted that they were advised against seeking the high tribunal, noting how it already had been “politicized” because last May, the SC nullified the appointment of former Chief Justice Maria Lourdes Sereno, who was publicly branded as enemy by Duterte.
The quo warranto petition was initiated by Solicitor General Jose Calida, who is also behind the review of Trillanes’ amnesty records. However, Robles said: “I believe that the justices of the Supreme Court and the judges in the trial court would act if they see this abuse and assault our Constitution and defend our rights.
THEPHILBIZNEWS is getting the reaction from the Office of Senator Trillanes regarding this decision of the Supreme Cort, but there was no response yet as of this writing.