By Joel R. San Juan & Bernadette D. Nicolas
THE Supreme Court (SC) has denied the plea of beleaguered opposition Sen. Antonio F. Trillanes IV for the issuance of an injunction to enjoin authorities from arresting him following President Duterte’s nullification of the amnesty granted to him by the past administration in connection with his involvement in several attempts to overthrow the Arroyo administration.
The decision was reached during Tuesday’s en banc session of the magistrates presided by Chief Justice Teresita Leonardo-de Castro.
At a news briefing, newly designated SC spokesman, lawyer Gleoresty Guerra, said the SC merely denied Trillanes’s plea for the issuance of a writ of preliminary injunction and/or temporary restraining order (TRO) enjoining the Armed Forces of the Philippines and the
Philippine National Police from arresting him as directed under Proclamation No. 572 issued by President Duterte.
This does not mean, however, that authorities can now implement Duterte’s order to arrest Trillanes, as the Court pointed out that the trial courts in Makati City should be first allowed to hear and resolve the pleadings filed by the Department of Justice (DOJ) and Trillanes with regard to the legality of Proclamation No. 572.
Following the announcement of the SC decision, Malacañang, however, said there is no longer a legal impediment to implement the President’s Proclamation No. 572.
Proclamation No. 572 specifically revoked the Department of National Defense’s Ad Hoc Committee Resolution No. 2 issued on January 31, 2011, that granted amnesty to Trillanes in line with former President Benigno S. Aquino III’s Proclamation No. 75.
Duterte declared “void ab initio” the grant of amnesty to Trillanes under Proclamation No. 75 for his supposed failure to file the official amnesty application form and expressly admit his guilt for the crimes he committed.
“Sen. Trillanes sought to restrain [the] implementation of the Presidential Proclamation No. 572. The Supreme Court denied the application for TRO,” Presidential Spokesman Harry L. Roque Jr. during a Palace briefing. “He [Trillanes] had his day in court, and he failed.”
Sought for clarification, Roque stated that this would mean that Trillanes can now be arrested.
“There is no hindrance now to arrest Sen. Trillanes but [the SC decision] doesn’t say [expressly] if would be the case,” Roque said.
The DOJ has filed motions before the Makati Regional Trial Court (RTC) Branch 148 and for the issuance of a hold departure order and an alias warrant of arrest against Trillanes.
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 the same court for the Oakwood mutiny in 2003 and a case for rebellion before Makati RTC Branch 150 for the 2007 Manila Peninsula siege.
Both the two cases have been dismissed in 2011 following the grant of amnesty.
However, the DOJ said, since the President has declared void ab initio, or void from the beginning, the grant of amnesty to Trillanes, these cases should be resurrected and resolved immediately