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Trillanes stands as a legal incompetence of all agencies and units involved
DOJ EFFORTS. The Secretary of Justice, Menardo Guevarra, launches an arrest warrant against opposition Senator Antonio Trillanes IV following the proclamation of President Rodrigo Duterte canceling the Senator's amnesty. Picture of Ben Nabong / Rappler
MANILA, Philippines – Secretary of Justice Menardo Guevarra said Wednesday (September 5th) that they will go to another court to ask for an arrest warrant. against the opposition Senator Antonio Trillanes IV, although he thinks that a military arrest is faster.
"No need for a warrant at a court martial, so baka faster 'yun (so maybe it's faster), "Guevarra told Rappler in a text message Wednesday night.
Guevarra and the DOJ failed to obtain an immediate warrant against Trillanes when the Makati City District Court's Section 148 ordered Wednesday to hear the petition and to allow Trillanes to challenge it.
There were two charges against Trillanes in two Makati courts over failed state coups against former president Gloria Macapagal Arroyo:
- Coup d'état at the 148 branch
- The accusations of rebellion at the subsidiary 150
Both courts dismissed the charges against Trillanes in September 2011 pursuant to the amnesty granted by former president Benigno "Noynoy" Aquino III.
LOOK: Apart from the rejection of the coup charges against Trillanes in September 2011 by Makati Branch RTC 148, here are copies of the dismissal of the Trillane Rebellion Accusations also promulgated in September 2011 by Branch 150 of Makati RTC. @rapplerdotcom pic.twitter.com/K9csbE0ota
– Lian Buan (@lianbuan) September 5, 2018
When President Rodrigo Duterte canceled Trillanes' amnesty, the DOJ applied for an arrest warrant against Trillanes in Branch 148.
Asked why they only went to subsidiary 148, Guevarra said: "Wala naman. Kasunod na yung sa 150. (Nothing really, Branch 150 will follow)."
It was then that Guevarra stated that arrest by court martial or the military court would be faster.
The Integrated Bar Association of the Philippines (IBP) has stated that the civil courts can not reopen the case because the dismissal of the charges is already final.
The criminal law expert Alexander Padilla also said that the amnesty was an agreement reached.
"He can no longer be dismissed by the executive without violating our Constitution and the Amnesty Law. If this is permissible, can Joseph Estrada's forgiveness also be revoked? It will upset everything and destroy the rule of law, "Padilla said.
Court martial
Trillanes on Wednesday presented a clearance from the Armed Forces of the Philippines (AFP) certifying that in 2007 he was officially separated from the army and that he had become a civilian.
"There may be a result as a result of the creation of his application file. (This is the result of my resignation from the service when I filed a certificate of candidacy), "said Trillanes, who ran and won as a senator in 2007.
Civilians are not covered by military courts.
But Guevarra said: "Once the jurisdiction is acquired, it is lost only when the action is over. In the Trillanes case, the court martial proceedings were simply suspended due to the proclamation of amnesty. "
Guevarra said this position is supported by war articles.
Guevarra's statement came just hours after initially telling reporters that the police needed an arrest warrant to arrest Trillanes. "As far as court martial rules are concerned, I'm not in the army, so I do not know their rules about arresting them," Guevarra said in a report from Philstar.com.
Attorney Arno Sanidad, who represented some of the other mutineers, said: "The only question in my opinion is whether the amnesty was granted. If that were the case, all the offenses committed by the applicant are deemed to have been erased. "
Newsbreak reported in 2007 that the court martial had dropped its accusations of mutiny against Trillanes. Mutiny is punishable by death.
Instead, the court martial re-filed a case for conduct unbecoming of an officer and a gentleman.
Indeed, the Department of National Defense (DND) stated that when the military tribunal would stop Trillanes, it would be for conduct unbecoming an officer and a gentleman.
However, under the terms of the war articles, the offense is punishable only by dismissal. Trillanes is no longer in military service, which would make it questionable.
DND spokesman Arsenio Andolong said Trillanes could also be charged of a "ggeneral offense which concerns all disorders and negligence to the prejudice of good order and military discipline and any conduct likely to discredit military service. "
Trillanes has criticized all movements as legal incompetence of all the agencies and units involved so far.
"Mang-iipit na lang lang kayo, palpak pa. Kumbaga ayusin ninyo nga (You wanted to harass me, but you always failed, you could not even do it properly, "said Trillanes, Duterte's toughest enemy.
Trillanes is expected to file an application in the Supreme Court Thursday morning, September 6. – Rappler.com
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