Trillanes hopes for court’s favorable action on coup charge

Embattled opposition Sen. Antonio Trillanes IV is hoping to get favorable action from the Makati Regional Trial Court (RTC) Branch 148, where his coup d’état case is being revived by state prosecutors after his amnesty was voided.

Trillanes’ lawyer Florin Hilbay said that the same pieces of evidence and arguments will be submitted to Judge Andres Soriano of Branch 148 as they wish him to observe due process and correct interpretation of the law.

“The same evidence and argument used at Branch 150 will be used at Branch 148 because it’s very clear to us… our case here is really strong,” Hilbay said in Filipino.

“What’s surprising is that the Branch 150 judge did not listen to our argument so we think we’ll have another shot at Branch 148. And I hope the judge at Branch 148 will apply the correct process and correct interpretation of the law,” he added.

Hilbay’s statement came a day after Judge Elmo Alameda of Makati RTC Branch 150 issued a warrant of arrest and a hold departure order against Trillanes, which means nullifying the dismissal order of the senator’s rebellion case dated Sept. 27, 2011.

Trillanes has voluntarily surrendered to the police, underwent procedural booking, had his mugshots taken before the Makati City police and posted P200,000 bail for his temporary liberty at the same branch last Tuesday afternoon.

In a 22-page order, Alameda said he found “factual and legal basis” for President Duterte’s Proclamation No. 572, which voided Trillanes’ amnesty after his camp failed to submit his actual application form.

The court said Trillanes has the burden of proof and his actual application form serves as the primary evidence to prove he has applied for his amnesty despite the presence of his certificate.

Hilbay said they see a glaring pattern that the critics of the administration are being singled out by the government.

“We will have an environment where you cannot speak against our government. The likes of Senator Trillanes can be sent by the government to jail through a process that’s very wrong and an accusation that has no basis,” he said.

“What more if it’s an ordinary citizen? So, we will have a chilling effect on the right and the ability of the citizens to speak out,” he added.

In another development, Branch 148 is expected to issue its resolution on the very urgent motion of the prosecution for the issuance of a warrant of arrest and hold departure order against Trillanes anytime soon.

The court is just waiting for the comments and rejoinder of the prosecution and the camp of Trillanes.

Prepared for detention

While his lawyer is hopeful, Trillanes yesterday said he is prepared to be detained if ever the Makati City RTC issues another arrest warrant, this time on the non-bailable charge of coup d’etat.

Trillanes said he would accept whatever Soriano’s decision will be after Branch 148 yesterday wrapped up its proceedings on the petition of the Department of Justice to issue a warrant of arrest and a hold departure order against the senator.

“I’m prepared for the worst under Duterte,” the senator told reporters, adding he would peacefully yield to the authorities if they come to arrest him on the non-bailable coup-related charges.

He said, however, he still sees a glimmer of hope as he sees Soriano as “decent and who knows what is right and wrong.”

Trillanes said he and his family is not regretting their situation now as he is fighting a just cause.

“This is also their country. If I give up and Duterte is allowed to do what he does, we’ll all lose,” he said.

‘Calida stole documents’

Trillanes also appealed to Defense Secretary Delfin Lorenzana and the AFP leadership to disclose what exactly happened when Solicitor General Jose Calida asked for his amnesty documents.

Trillanes said Lorenzana himself admitted that Calida called him up last Aug. 16 asking for the documents pertaining to his amnesty application, among others.

Shortly thereafter, an officer released a certification that his application could not be found, and Duterte issued the proclamation revoking his amnesty.

The senator said if Calida’s contention was he did not apply for amnesty, then what was the solicitor general asking for?

“They know the truth. They know that I applied (for amnesty). They know Calida’s assertions are wrong but they’re silent? Why? Are you afraid?” he said, referring to Lorenzana and the AFP hierarchy.