[ad_1]
(4th UPDATE) Attention turns to the two Makati courts that will hear the motion for issuance of an arrest warrant
THREE REFUSED. Senator Antonio Trillanes IV is denied a Temporary Restraint Order (TER) by the Supreme Court. Photo by Angie de Silva / Rappler
MANILA, Philippines (4th UPDATE) – The Supreme Court (CS) bench, Tuesday, Sept. 11, denied the request of Senator Antonio Trillanes IV for a Temporary Restriction Order (TRO).
In Bench also asked the Office of the Solicitor General (OSG) to comment in 10 days Trillanes' main request for further deliberations.
As a result, attention is now again focused on the two Makati courts hearing this week the DOJ's requests for an arrest warrant against Trillanes in coup and rebellion cases already rejected.
"The Makati Regional Courts of First Instance (CRT) should have full discretion to exercise concurrent jurisdiction to hear and resolve the pleadings filed by the parties regarding the legality of Proclamation 572". Maria Victoria Gleoresty Guerra said at a press conference Tuesday.
The rejection of the motion is mainly based on the recognition by President Rodrigo Duterte of the absence of arrest without warrant issued by the courts of first instance. Trillanes "will not be apprehended, detained or placed in custody" without the agents of the regional courts of first instance.
Given this, according to the High Court's resolution, "there is no extreme and urgent need for the Court to issue an injunction, knowing that the respondents have recognized Senator Trillanes' right to due process", declared Guerra.
Trillanes' lawyer, Rey Robles, said they would now discuss the possibility of the senator finally returning home.
"Kapag Korte Suprema na ang nagsalita to labagin bread yun ng AFP in Palasyo, lumalabas na wala nang respeto his institutusyon 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.)
It was not announced how the judges voted – Guerra only revealed, when asked, that "a majority" had voted for the denial of petition for TRO and a brief preliminary injunction.
Antonio Carpio Associate Chief Justice, on sick leave, was not present at the bench session. The associate judges Marvic Leonen, Noel Tijam and Alexander Gesmundo are also not all on leave.
Associate Judge Diosdado Peralta is a responsible member.
LOOK: The Supreme Court Briefing. As a reminder, Trillanes' plea for an ORT is denied, but the main petition seeking the annulment of the constitutionality of Proclamation # 527 is subject to further deliberations, with parties being invited to submit their comments within 10 days. pic.twitter.com/xZLJziLp13
– Lian Buan (@lianbuan) September 11, 2018
On 6 September, Trillanes filed a petition for certiorari with a request from TRO, requesting the cancellation of President Rodrigo Duterte's proclamation 572, which annulled his amnesty on the basis of an allegedly non-existent application form. Trillanes insisted that the application form exists and that he had apologized, if necessary.
A petition such as that of Trillanes would not have received an immediate decision from the Supreme Court, but the senator would have wanted at least one ORT, given his situation. He remained in the Senate premises to avoid arrest without a warrant.
Tuesday, September 11 is the 8th day of Trillanes in his office. An ERT also reportedly halted proceedings in the Makati courts.
Duterte, the Department of Justice (DOJ) and the Department of National Defense (DND) initially issued statements on a warrantless military arrest against Trillanes, arguing that the resigned soldier was still under military jurisdiction and that He could therefore be court martial.
Duterte then blinked and said he would hand over to the courts, the rest of his men doing the same.
Trillanes, however, said he did not think Duterte had withdrawn his orders for the army and police to arrest him without a warrant. That's why he was hoping for a TRO from the Supreme Court.
The TRO having been refused, Trillanes will have to wait a little longer, because the senator declared that he would not leave the premises of the Senate any time not to "fall into the trap of Duterte".
Senators can not be arrested at the Senate. – Rappler.com
Follow the developments here:
summaries:
[ad_2]Source link
