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The immediate implication is that the ball is now in the camp of Makati regional courts of first instance
MANILA, Philippines – On Tuesday, 11 September, the Supreme Court rejected Senator Antonio Trillanes IV's request for a temporary restraining order against the presidential proclamation that nullified his amnesty and called for his immediate arrest.
Excerpts from the SC's resolution announced by the Court's spokesperson indicated that the group "takes cognizance of President Rodrigo Duterte's categorical statement that Senator Trillanes will not be arrested, arrested without warrant." . "
The SC takes Duterte's word as an irresistible promise that Trillanes will not be arrested without a judicial warrant.
"It is appropriate that the Makati Regional Courts of First Instance have full discretion to exercise concurrent jurisdiction to hear and resolve pleadings / motions filed by the parties regarding the legality of Proclamation 572".
The immediate implication is that the ball is now in the hands of branches 148 and 150 of the Makati Regional Court of First Instance, which will hear on Thursday and Friday, respectively, the requests of the Justice Department to issue an arrest warrant against Trillanes.
Trillanes' lawyer Rey Robles said it was one of the best results for the senator, citing the SC's clear statement that Trillanes should not be arrested without a warrant.
"Kapag Korte Suprema na ang nagsalita to labagin bread" yun ng AFP in Palasyo, lumalabas na wala nang respeto his institutyon his bayan natin, " Robles said at a press conference in the Senate Tuesday afternoon.
(If the Supreme Court speaks and is still challenged by AFP and the Palace, there is no real respect for the institutions of this country.)
Good or bad result?
One thing is certain, the SC would not have decided on the main motion immediately challenging the constitutionality of the proclamation. What could they have done?
The best result for Trillanes is that the SC gives him a TRG, which would mean that the proclamation would cease to be effective, at least for the moment. This would also stop proceedings in the lower court and eliminate the immediate possibility that a arrest warrant will be issued.
That's why the tone of Presidential Spokesman Harry Roque was victorious when he reacted to the SC's decision on Tuesday.
"Senator Trillanes tried to limit the implementation of Presidential Proclamation 572, the Supreme Court rejected the TRO. There is no legal impediment now to implement Proclamation No. 572, "said Roque.
The categorical refusal of a TRO gives the go-ahead to lower courts to resolve arrest warrant applications, which Trillanes would not want, considering that he does not recognize that RTC Makati has always competence over him.
The position of the Trillanes camp is that the 2011 amnesty rejected the coup and rebellion charges, which means that branches 148 and 150 can no longer reopen the lawsuit and receive motions.
In fact, the jurisdiction of the lower court is the line of money that the Secretary of Justice, Menardo Guevarra, sees in the denial of the TRO.
"The Supreme Court has also recognized the continued jurisdiction of the courts of first instance in the coup and rebellion cases, despite the so-called" purpose "of the Sen Trillanes amnesty-based dismissal orders," he said. Guevarra.
However, constitutional law professor Tony La Viña is not in agreement.
"The Court did not suggest that at all. At best, it can be interpreted as a subtle nudge but only the zealous prosecutor would see that " La Viña said.
La Viña said the Makati CRTs should wait for the SC to decide on the constitutionality of the proclamation before they can possibly reopen long-rejected cases.
The Integrated Bar of the Philippines (IBP) has said that if the Makati CRTs reopen the case, it would violate Trillanes' right to double jeopardy.
La Viña believes that the worst possible result for Trillanes would have been the silence of the Supreme Court on the request of the TRO.
"Because not deciding on the TRO would mean that Trillanes can be stopped at any time," La Viña said.
Robles said that they were now discussing the possibility for Trillanes to finally return home after 8 days of absence in his Senate office, trying to avoid arrest without a warrant. – Rappler.com
