Makati judge rejects DOJ bid to arrest Trillanes

Sen. Trillanes, Antonio Trillanes, Judge Andres Soriano of the Makati Regional Trial Court (RTC).

"We want to thank Judge Soriano. Single-handedly, he upheld justice and the rule of law in the face of the Duterte regime, "Trillanes told reporters after receiving a copy of the decision of the Department of Justice (DOJ).

"We are going there in our country. And he is personified by Judge Soriano, "Trillanes added.

The President voided Trillanes' amnesty in August, claiming the train of military guilt in military mutinies against the government in 2003, 2006 and 2007.

The DOJ asked the Makati RTC Branches 148 and 150 to reopen the coup d'etat and rebellion against Trillanes and order his arrest.

He applied for amnesty

In the rebellion case, Judge Elmo Alameda of the Makati RTC Branch 150 ruled for the government on Sept. 25. He ordered Trillanes' arrest but allowed him lease.

But Judge Soriano found that based on evidence presented, Trillanes filed an application for amnesty in 2011 and with it's admission of guilt.

In denying the DOJ 's motion, Soriano said the court' s decision to dismiss the charges against Trillanes in 2011, after he was granted President Benigno Aquino III, had become final and executory.

Soriano said there was "no reason to disturb" the long-established judicial doctrine that asserts that final and executory decisions were "immutable."

"The court, in fact, loses jurisdiction over the case when its decision has become final and executory," Soriano said.

"The law is vibrant. Jurisprudence is its lifeblood, "the judge said. "Subsequent jurisprudence may forge new horizons in which exceptions to the immutability of a final and executory judgment may be born."

Soriano said, however, that his court would not be one to such a precedent.

But the judge also ruled that President's power to issue Proclamation No. 572, which voided Trillanes' amnesty.

"Proclamation No. 572 is purely an executive act and prerogative in the exercise of the President's power of control and supervision over all offices and agencies of the executive department," Soriano said.

He said Trillanes failed to prove that the "breach of any constitutional guaranty, or that it has been enroached to the constitutional power of the executive branch."

DOJ to appeal

Malacañang said it respected the court's decision.

"The Palace respects the constitutional independence of the judiciary and it will continue to do so," presidential spokesperson Salvador Panelo said in a statement.

Panelo also welcomed Soriano's affirmation of Proclamation No. 572.

"It means that this administration is not involved in the political persecution of its crimes but is only enforcing the law against anyone who goes against its command," he said.

Justice Secretary Menardo Guevarra said Trillanes could not claim victory, as Soriano's ruling was not yet final.

He said the DOJ would appeal to a higher court.

Trillanes said he expected the Duterte administration to continue going after him, but that he was "energized" to face such a threat.

"They will intensify their efforts, but I will be more energized to face them," he said.

'Nothing changes'

Trillanes said he would continue to do his job of opposing wrongdoing, and he would not be driven by hate.

"Nothing changes. I will be the same critic as I was before. I'm just upholding my role in our democracy as a member of the opposition, "he said.

He stressed that his role was crucial in a democracy.

"Those who are tired of me, do not be because this is me. Just do your thing. Democracy needs people like me who will call the mistakes of the administration and its abuses, "he said.

The next battlefield is the Supreme Court, where Trillanes has a petition challenging the Constitutionality of the President's proclamation voiding his amnesty.

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