JUSTICE Secretary Menardo Guevarra on Tuesday said the Department of Justice (DOJ) would be the one to decide what other legal steps to take following the decision of the Regional Trial Court of Makati Branch 148 denying their motion for the issuance of an arrest warrant and hold departure order (HDO) against opposition Senator Antonio Trillaves IV in connection with his coup d’etat case.
Guevarra made the clarification after President Rodrigo Duterte’s spokesperson and chief legal counsel Salvador Panelo announced that Solicitor General Jose Calida is set to file a petition before the Court of Appeals seeking the reversal of the decision issued by Makati RTC Branch 148 Presiding Judge Andres Soriano.
“It is the DOJ who will decide what legal step to take,” Guevarra told reporters.
Guevarra said the DOJ would file a partial motion for reconsideration before the Makati RTC Branch 48 seeking the reversal of its decision denying their motion for the issuance of a warrant of arrest and hold departure order (HDO) against opposition Senator Antonio Trillanes IV in connec-tion with his coup d ‘etat case.
“The DOJ will file, not later than Friday, a motion for partial reconsideration of the order of RTC-Makati Branch 148 only insofar that Senator Trillanes had sufficiently shown that he filed his certificate of amnesty, and that therefore it follows that he also admitted his guilt for the offense of coup d’ etat and recanted all statements inconsistent with such admission of guilt,” Guevarra said.
Guevarra earlier said he would have to go over the decision of Judge Soriano and talk to the panel of prosecutors who is handling the case on the next legal steps to take after failing to get a favorable ruling against Trillanes.
He said the DOJ may elevate the Judge Soriano’s ruling to the CA or the Supreme Court (SC) where there is already a pending petition questioning the constitutionality of Proclamation No. 572.
Guevarra noted that Judge Soriano’s ruling is in direct contravention with the factual findings of Makati RTC Branch 150 Judge Elmo Alameda which granted the motion filed by Department of Justice (DOJ) in connection with the rebellion case against Trillanes and other Magdalo soldiers over the Manila Peninsula siege in 2007.
Judge Alameda ruled the September 7, 2011 dismissal of the case can be considered as a void order and has no legal and binding effect considering the issuance of Proclamation 572.
This prompted the DOJ secretary to stress that Trillanes’ is not yet off the hook as Judge Soriano’s ruling has failed to put an end to the issue that Trillanes’ amnesty is null and void.
“This is not the end of it. Nobody can claim that he or it has actually come out as a victor of these proceedings… The main case in the Supreme Court is still pending and this order by the trial court whether by Branch 148 and Branch 150 is not final. This is not the end of the proceedings,” Guevarra said.
Meanwhile, Guevarra brushed aside calls from opposition lawmakers and the National Union of People’s Lawyers (NUPL) for the DOJ to already drop the coup d’etat case against Trillanes after the court ruled that the case is already immutable.
“With all due respect, pursuing one to answer for the crime of rebellion or coup d’etat is not a useless exercise, as it sends a warning signal to all similarly minded persons who have devious plans of endangering the security of the republic,” the DOJ chief said.
In a statement NUPL president Edre Olalia said Judge Soriano’s decision “is a huge political slap on the vindictive government that uses and abuses all means within its command.”
“It should be another reality check on despots and would be authoritarians that they cannot hold everybody by their noses absolutely at all times,” he added.
In its decision issued on Monday, Judge Soriano upheld President Duterte’s Proclamation 572 which revoked the amnesty granted to Trillanes but denied the DOJ’s motion to revive the cup d’etat case against the latter on the ground of immutability of the case.
He noted that the dismissal of the case became final and executor in September 21, 2011 following the grant of amnesty to the senator.
On the merit of the case, Judge Sorian held that the DOJ also failed to present evidence to contradict he claim of eyewitnesses presented by the senator to prove that he complied with the requirements for the grant of amnesty.
Trillanes has maintained that he filed his application for amnesty in which he admitted his guilt for his participation in the Oakwood mutiny.