DOJ elevating Trillanes’ coup d’etat case to CA
The Department of Justice is set to elevate to the Court of Appeals (CA) its bid to revive the coup d’etat case against Sen. Antonio Trillanes IV over his participation in the 2003 Oakwood mutiny, DOJ Secretary Menardo Guevarra revealed yesterday.
He said he has discussed the matter with Solicitor General Jose Calida and they agreed to file a petition before the CA to question the decision of Makati City Regional Trial Court Branch 148 that junked the DOJ’s motions for issuance of arrest warrant and hold departure order against the senator.
“Within the reglementary period, the Office of the Solicitor General (OSG) will file the necessary petition for certiorari with the Court of Appeals in so far only as the resolution of Makati RTC Branch 148 denying our motion for the issuance for a warrant of arrest and hold departure order is concerned for grave abuse of discretion amounting to lack or excess of jurisdiction,” Guevarra told reporters at a press conference.
The OSG, he pointed out, would specifically challenge the decision of Makati RTC Branch 148 Judge Andres Soriano last Oct. 22 and the resolution that denied the DOJ’s appeal last Nov. 23.
He said the petition would be filed before the CA “maybe early January.”
The DOJ filed the motions before the RTC after President Duterte issued last August Proclamation 572, which voided the amnesty granted to Trillanes over his participation in the Oakwood mutiny and also in the 2007 Manila Peninsula siege.
The proclamation cited Trillanes’ failure to comply with the requirements for the grant of his amnesty, including the filing of his application and admission of guilt.
The senator, a vocal critic of the President, sought relief from the Supreme Court and filed a petition challenging the proclamation. But the High Court junked his plea for a temporary restraining order and remanded the factual issues of the cases to the trial courts.
In the rebellion case stemming from the Manila Peninsula siege, Judge Elmo Alameda of Makati RTC Branch 150 earlier granted the motions of the DOJ and ordered the arrest of Trillanes.