Trillanes told: Battle is still far from over

THE Department of Justice (DOJ) indicated on Wednesday that the government might consider other legal options to make former Sen. Antonio Trillanes IV pay for the crime of rebellion in connection with the 2007 Manila Peninsula siege.

Justice Secretary Menardo Guevarra made the assurance following a Court of Appeals (CA) decision that set aside the order issued by the Regional Trial Court (RTC) of Makati City Branch 150 reviving the rebellion case against Trillanes.

The appellate court held that the DOJ failed to comply with the procedural rules in assailing the validity of the Makati RTC’S dismissal of the rebellion case on September 7, 2011, based on Proclamation 75, issued by former President Aquino granting amnesty to the opposition senator.

The CA pointed out that Makati RTC Branch 150 Presiding Judge Elmo Alameda committed grave abuse of discretion when he granted the DOJ’S omnibus motion to set aside the dismissal of the rebellion case against Trillanes by virtue of Proclamation 572 issued by President Duterte which revoked the grant of amnesty to Trillanes.

In seeking the reopening of the rebellion case against Trillanes, the DOJ held that the senator failed to prove that he actually applied to be granted amnesty and that he expressly admitted his guilt to the crimes committed pertaining to Manila Peninsula takeover as required under Proclamation 75.

But the CA noted that the DOJ did not file an action for the annulment of, or for relief from the order of September 7, 2011, nor did it move for the issuance of a writ of certiorari to invalidate the said order.

The dismissal of the rebellion case, according to the CA, was merely assailed by the DOJ through an omnibus motion filed in the original case, which prayed for the issuance of a warrant of arrest and hold departure order against the petitioner.

But Guevarra noted that while the CA has set aside the Makati RTC’S order granting DOJ’S plea to reopen the rebellion case, it upheld the constitutionality of Proclamation 572.

He said this has given the government the opportunity to still pursue the rebellion case against Trillanes through other legal options.

“I have not received a copy of the decision. I have neither discussed the government’s move with the Solicitor General but based on what has been reported in the media, the same decision of the CA upheld the validity of the proclamation revoking the amnesty granted to [former] Senator Trillanes,” Guevarra said.

“If this is so, it opens a number of legal options to the government, and if I may say, the battle is certainly far from over,” he added.