GOVERNMENT prosecutors on Thursday claimed that their bid to put opposition Sen. Antonio F. Trillanes IV behind bars has gained momentum, following the Supreme Court (SC) issuance of a resolution acknowledging the trial court’s jurisdiction to hear and resolve the issue on the legality of President Duterte’s revocation of the amnesty granted to him by the past administration in connection with his involvement in the failed attempts to overthrow the Arroyo administration.
This was despite the decision of Regional Trial Court Branch 148 Presiding Judge Andres Bartlome O. Soriano to give more time for both government prosecutors and defense lawyers to strengthen their arguments in connection with the prosecution’s motion for the issuance of a hold departure order (HDO) and an alias arrest warrant against Trillanes, a vocal critic of President Duterte.
Soriano gave Trillanes camp 10 days to file its rejoinder to the DOJ’s reply to the defense’ comment earlier submitted.
Likewise, the trial court allowed Trillanes to submit within 10 days a supplemental comment in light of the SC order for the trial court to resolve the constitutional and factual issues surrounding the issuance of Proclamation 572.
The DOJ was, likewise, given five days to submit its reply to the supplemental comment of the defense.
During the hearing on the motion, Trillanes lawyer Reynaldo Robles insisted that the trial court has already lost jurisdiction over the case considering its dismissal in September 2011 following the grant of amnesty to the senator.
Robles also informed the Court about the recent resolution of the SC, which gave the trial courts the go signal to hear and resolve pleadings in connection with the legality of Proclamation 572 issued by President Duterte which declared as void “ab initio” (void from the beginning) the amnesty granted to Trillanes for his failure to comply with the requirements submit an official application and execute an admission of guilt.
The SC’s order, according to Robles, put on the prosecution the burden to prove that Proclamation 572 is constitutional and can be used as a ground for the issuance of an HDO and an alias arrest warrant against Trillanes.
But the DOJ, through Acting Prosecutor Richard Anthony Fadullon, argued that the fact that the SC did not issue a temporary restraining order (TRO) or an injunction on the implementation of Proclamation, only proves that the burden to prove that Proclamation 75, which was issued by former President Aquino to grant amnesty to Trillanes and other
Magdalo soldiers, is valid.
Fadullon also expressed belief that their motion for the HDO and alias warrant can be heard separately by the trial court, notwithstanding the SC order.
In an interview after the hearing, Navera said the prosecution does not consider as a minor setback the decision of Judge Soriano to defer his action on the motion for the issuance of an HDO and alias warrant against Trillanes.
“For our HDO and arrest warrant, we are waiting for the court to thresh them out. For us, it is not a setback but we are moving forward as planned,” Navera declared.
Navera explained that because of the SC order, Trillanes’s camp was forced to recognize the jurisdiction of the trial court over the issue surrounding the legality of the amnesty granted to Trillanes.
“Actually since the SC issued an order, what happened? The accused went to court today in Branch 148. While he assails the jurisdiction of the court, now he is asking the court for a relief, thereby recognizing the jurisdiction of the court over him,” Navera said.
“You can’t ask for a relief if there is no jurisdiction over you. He [lawyer Robles] recognized that jurisdiction by asking time to file for the pleadings,” Navera added.
Prior to the grant of amnesty, Trillanes and several members of the so-called Magdalo soldiers were charged with a case for coup d’etat before Makati Regional Trial Court Branch 148 for the Oakwood mutiny in 2003 and a case for rebellion before Makati RTC Branch 150 for the 2007 Manila Peninsula siege.
Senate probe
AT the Senate, meanwhile, Trillanes, placed under Senate custody after President Duterte revoked the amnesty granted by the Aquino administration for alleged involvement in two failed military uprisings, on Wednesday pressed for a Senate inquiry into the “possible conflict of interest” of trusted presidential aide “Bong” Go said to involve government contracts.
In filing Senate Resolution 889, Trillanes asked the Senate to authorize the Senate Committee on Civil Service, Government Reorganization and Professional Regulation, which he chairs, to “conduct an inquiry, in aid of legislation, on possible conflict of interest arising from government contracts obtained by kin of government employees and officials, with the end in view of coming up with possible remedial legislation to prevent the occurence or recurrence of such situations in the future.”
The senator cited a media report which stated that Davao region, known as Mr. Duterte’s bailiwick, “was given the most public works funds by the Department of Public Works and Highways in 2017.”
Trillanes added that “the report further stated that the top contractors in the same region are CLTG Builders and Alfrego Builders and Supplies, purportedly owned by the father and step-brother of Special Assistant to the President Christopher Lawrence Tesoro ‘Bong’ Go.”
The Trillanes resolution noted that “CLTG Builders won a total of P1.85 billion worth of infrastructure projects for Davao region from 2007 to 2017 and another P2.7 billion in joint ventures with four contractors including Alfrego Builders and Supplies in 2017 alone.”
The senator said CLTG caught the attention of the investigative report “because it failed to complete all the joint-venture projects within the original deadline.”
Trillanes stated that CLTG has a “B-License” which means it “could not carry out a big-ticket project without a partner,” adding that “coincidentally, CLTG is also the initials of Duterte’s Special Assistant Christopher Lawrence Tesoro ‘Bong’ Go.”