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By Genalyn Kabiling
President Duterte ordered the army not to apprehend Senator Antonio Trillanes IV without a warrant issued by the Regional Court of First Instance.
Presidential spokesman Harry Roque said that although the military court could order the arrest of Trillanes, the president wanted the authorities to defer to the civil court's decision.
Senator Antonio Trillanes IV
(Czar Dancel / MANILA BULLETIN)
"The instruction is to respect the rule of law. Kung walang arrest warrant [If there is no warrant of arrest] did not apprehend Senator Trillanes, "Roque told a news conference in Jordan about the president's directive to the military.
"Sundin po ang proseso; hintayin ang arrest warrant [Follow the process. Wait for the warrant of arrest]," he added.
The president recently met with several cabinet members in Jordan and decided not to seek Trillanes' arrest without any court ruling. Duterte preferred to follow the judicial process and respect the authority of the civil court, added Roque.
Roque acknowledged that the President does not have the power to arrest a person "unless a crime has been committed in his presence, which is a valid justification for arrest without a warrant".
Duterte instead acknowledged that only the courts could issue a warrant for arrest, he added.
"He said very clearly that even if a military court could order his arrest, he prefers and he ordered that the authorities await the decision of the regional court," he said.
He stated that the president had made the decision to respect the judicial process, considering that it was an old fiscal year.
"So drama-drama lang po iyan iyong sinasabi ngayon nor senator trillanes na anytime ipapaaresto siya. Puwede mangyari pong iyon kung mayroon arrest warrant, "he said.
"Until the hearing of the 150th Division, I do not think there is a possibility that it will be stopped," he added.
In Proclamation No. 572, Duterte annulled the amnesty granted to Trillanes for his involvement in two coup attempts, due to non-compliance with minimum conditions, including admission to guilt for the crimes committed. He ordered the authorities to use legitimate means to apprehend Trillanes and detain him to try him.
The Armed Forces previously announced that they would convene a General Court Martial in accordance with the direction of the President.
Trillanes, who denounced the revocation of the amnesty of Duterte, refused to leave the Senate to avoid a possible arrest. He insisted that he could no longer be placed under military jurisdiction since he was already civilian.
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