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(4th UPDATE) Judge Elmo Alameda of Section 150 grants the request of the Department of Justice for an arrest warrant and the starting order on Tuesday, September 25
AMNESTY PROOF. Senator Antonio Trillanes IV presents evidence and documents on his request for amnesty at a press conference on September 24, 2018. Photo by Angie de Silva / Rappler
MANILA, Philippines (4th UPDATE) – Section 150 of the Makati District Court (RTC) has issued an arrest warrant against Senator Antonio Trillanes IV for instigating rebellion.
Elmo Alameda, Justice of Branch 150, granted the DOJ's request for an arrest warrant and to maintain the departure order on Tuesday, September 25th.
In his order, Alameda fixed a deposit of 200,000 P for the temporary freedom of Trillanes.
In his order, Alameda stated that "the fact that Senator Trillanes failed to substantiate his claim that he had filed his application for amnesty has become apparent."
Trillanes failed to submit "the original hard copy, duplicate or even photocopy showing that he personally completed and filed with the DND Amnesty Committee his duly recognized official application form for an amnesty." and its stamp marked, "wrote Alameda.
This despite the affidavit of a DND agent certifying that an application has been filed.
The affidavits of the former Deputy Secretary of Defense and head of the ad hoc amnesty committee, Honorio Azcueta, and Colonel Josefa Berbigal, former head of the panel secretariat, were not submitted until 24 September, at agencies 148 and 150 in the city of Makati.
Alameda has not given weight to the certifications of Azcueta and Berbigal. "These substitute documents must be ignored, their weight being proven by Senator Trillanes," he wrote in his order.
Trillanes could not find a copy of his application for an amnesty, which is why he wanted the court to admit other evidence and various documents as evidence of his compliance with the requirements for the granting of amnesty. Alameda wanted "primary evidence".
He also stated that he presumes that Duterte's proclamation 572 is lawful unless the Supreme Court deems it to be contrary. Alameda wrote: "Unless the supreme series of 2018 is declared invalid, illegal and unconstitutional by the Supreme Court, it is presumed valid and lawful.The immediate effect of its issuance is the revocation of the law. amnesty granted to Senator Trillanes. "
Living case
Confirming the arrest warrant, the Secretary of Justice, Menardo Guevarra, said that "the case is alive".
Trillanes was chairing a hearing of the Senate Committee on Social Justice, of which he is a member, when news came out that the court had issued its arrest warrant.
Reacting to the issuance of the arrest warrant, presidential spokesman Harry Roque said in an interview with the ANC on Tuesday afternoon: "Since the president was returned to the Makati Regional Court and Trillanes will respect also our court and will voluntarily go to court to prove his innocence. "
It is Judge Alameda who held a more exhaustive hearing on the Trillanes case, even asking the senator to receive a copy of the amnesty documents. These are factual issues, even though Trillanes challenges the jurisdiction of lower courts.
It's time to post a bond
At the time of his assignment, Trillanes was going to the Makati RTC to post a bond. The court is open until 16:30.
Rebellion is usually an unavailable charge. But when the case was still pending in section 150 of the BTI, Judge Alameda himself granted the bail application. So, this bond applies even now.
On September 14, Alameda ordered the DOJ to submit a response to Trillanes' opposition within 5 days. Subsequently, Trillanes also had the same time to file a reply to the DOJ's response.
The accusations of rebellion and coup against Trillanes were rejected in 2011.
It's Alameda who handled the rebellion charges related to the Manila Peninsula in 2007 against Trillanes. In September 2011, Alameda also rejected the charges related to the amnesty granted to the senator by President Benigno Aquino III.
Criticism at Alameda was the question of rebellion. The rebellion has been judged by several Supreme Court decisions as a continuing crime. In a continuous crime,the authorities may resort to warrantless arrests of persons suspected of rebellion, in accordance with Rule 5, Rule 113 of the Rules of Court. – Rappler.com
