Makati court orders reopening of rebellion case against Trillanes
THE Regional Trial Court of Makati City Branch 150 on Monday affirmed its order issued last September, which reopens the rebellion case against beleaguered opposition Sen. Antonio F. Trillanes IV in connection with his participation in the 2007 Manila Peninsula siege.
In its six-page order, Makati Branch 150 Judge Elmo Alameda denied the motion for reconsideration filed by Trillanes seeking the reversal of the said decision.
The trial court maintained that there is “factual and legal basis” for the issuance of Proclamation 572 by President Duterte, which revoked the amnesty granted issued in favor of Trillanes for his failure to comply with the requirements to be eligible for such.
“By way of reiteration, Senator Trillanes was not able to prove through testimonial and documentary evidence that he filed his application for amnesty nor expressly admitted his guilt in the application form for the crime he committed during the Manila Peninsula incident which are the minimum requirements set forth under Proclamation No. 75,” the court stated.
Proclamation 75 was issued by former President Benigno Simeon Aquino III, which granted amnesty to Trillanes.
Aquino’s amnesty led to the dismissal of the rebellion case against Trillanes in 2011.
It maintained that it was Trillanes who bears the burden of proving that he actually filed his application for amnesty and admitted his guilt.
The trial court, however, said Trillanes failed to establish the existence of the official copy of the amnesty application, which is considered the primary evidence
to counter the claim of the prosecution.
With the ruling, the warrant of arrest, as well as the holddeparture order issued against the senator will stay.
“With the revocation of the amnesty to Senator Trillanes, the resulting consequence is that the order issued on September 7, 2011 dismissing the case of rebellion becomes void ab initio,” the court pointed out. In dismissing the motion, the court said Trillanes failed to raise new issues that would warrant a reversal of its September 25, 2018, order.
“The matters raised therein have been thoroughly and exhaustively passed upon by this court,” the court said. The Makati court ordered Trillanes’ arrest but allowed temporary liberty after posting bail.
The court has yet to set a trial date on the case.
In its September ruling, the trial court noted that Trillanes failed to present the original hard copy, a duplicate copy, or even a photocopy to substantiate his claim that he personally accomplished and filed his official amnesty application form. The court likewise gave weight to the online news report published on January 5, 2011, which was presented by the prosecution to prove that Trillanes failed to expressly admit his guilt for the crimes committed during the Oakwood mutiny and Manila Peninsula incident.