Another arrest warrant, HDO sought vs Trillanes

The Department of Justice (DOJ) on Friday asked Makati City Regional Trial Court (RTC) Branch 150 Presiding Judge Elmo Alameda to issue a warrant of arrest and hold-departure order (HDO) against Senator Antonio Trillanes IV over his involvement in the 2007 Peninsula Manila siege.

“The nature and urgency of the relief prayed for necessitate an ex parte application by the People for an HDO and a warrant of arrest precisely so as not to defeat the purpose of the said court processes,” read the

motion signed by Acting Prosecutor General Richard Anthony Fadullon and Assistant State Prosecutor Mary Jane Sytat.

In deference to the judicial process, President Duterte has decided to wait for the civilian court to issue a warrant of arrest against Trillanes instead of authorizing his military arrest.

The President wanted to abide by the rule of law in the case of Trillanes, Presidential spokesman Harry Roque.

Alameda is the magistrate who handled the rebellion case against Trillanes and his co-accused in connection with the Peninsula Manila siege.

The DOJ said the rebellion case has not yet reached the trial stage since Alameda issued a Sept. 7, 2011 order granting the appeal of Trillanes to dismiss the case by virtue of Proclamation No. 75 issued in 2010 by then President Benigno S. Aquino III granting amnesty to the senator and other members of the Magdalo group involved in the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege.

In their motion, the DOJ informed Alameda that President Duterte has issued Proclamation No. 572 declaring “void ab initio (void from the beginning)” Proclamation No. 75.

“It is clear that this instant case is still pending with this Honorable Court, as the prosecution has yet to present its evidence in chief insofar as accused Trillanes in concerned,” the DOJ said.

“Accused Trillanes is an incumbent Senator of the Republic. He has the means and resources to flee to another country in order to escape Philippine criminal jurisdiction. It is therefore imperative that a hold departure order (HDO) be issued directing the Commissioner of the Bureau of Immigration (BI) to prevent him from leaving the Philippines during the pendency of this case,” it added.

On Tuesday, the DOJ filed a motion praying for the same – an arrest warrant and hold departure order – before the Makati RTC Branch 148 against Trillanes.

Retired RTC Branch 148 Judge Oscar Pimentel handled the coup d’etat case against Trillanes and his coaccused over the 2003 Oakwood mutiny. Branch 148 is now being presided by Judge Andres Soriano.

Soriano did not issue the arrest warrant and HDO prayed for by state prosecutors but gave the senator five days to comment on DOJ’s motion and set the hearing on the matter on September 13.

Roque said, “the President will allow the judicial process to proceed and he will await the issuance of the appropriate warrant of arrest if there is indeed one to be issued before Senator Trillanes is arrested and apprehended.”

On Thursday, Trillaneswent to the Supreme Court seeking to stop the implementation of Proclamation 572 signed by President Duterte voiding his amnesty granted by President Aquino III in 2010.

Court martial Meanwhile, Colonel EdgardArevalo, AFP spokesperson, said the military is “on the process” of creating a general court martial to hear the case of Trillanes, who has been reverted to active military service following the revocation of his amnesty. Trillanes is a former Lieutenant senior grade (LTSG) of the Philippine Navy.

"The AFP is on the process of constituting the General Court Martial in compliance with the mandated task under Presidential Proclamation 572," Arevalo said.

A general court martial is one of the three types of military courts – and the most serious one, usually formed to hear serious crimes or offenses committed by military officers and made punishable by the Articles of War.

The military and the police were ordered by President Duterte to exhaust all legal means to arrest Trillanes after the opposition senator's amnesty was declared invalid from the beginning by the commander-in-chief through Presidential Proclamation 572.

The Proclamation said Trillanes allegedly failed to file an Official Amnesty Application Form and "never expressed his guilt," a necessary requirement in applying for an amnesty, for the Oakwood mutiny in 2003 and Manila Peninsula siege in 2007.

Trillanes was charged for violations of Article of War 96 or conduct unbecoming an officer and a gentleman and Article of War 97 or conduct prejudicial to good order and military discipline.

"The AFP is mindful that Sen. Trillanes IV has already filed his petition before the Supreme Court. We will defer commenting on the merits of the case in deference to the sub judice (under judicial consideration) rule," Arevalosaid. (With a report from Genalyn D. Kabiling)