The Court of Appeals has granted the request of former Senator Antonio Trillanes IV to overturn the decision of the Makati Regional Trial Court Branch 150 to revive the rebellion case against him.
Trillanes questioned in his petition the favor granted by the Makati court to the request of the Department of Justice (DOJ) to issue an arrest warrant against him. The case stemmed from Proclamation 572 issued by President Rodrigo Duterte declaring the amnesty awarded by the previous administration as void.
The appellate court explained that although an amnesty can be declared void for not meeting certain conditions, it should still undergo due process such as a judicial inquiry where all parties have the chance to explain. Based on the decision of the CA, the Makati court committed grave abuse of discretion for not allocating sufficient time to determine if the case that has long been dismissed is still under its jurisdiction.
“Today, the rule of law prevailed. Nagpapasalamat ako sa mga CA justices na gumawa ng desisyong ito (We thank the CA justices for this decision). Sana all na judges and justices ay may ganitong (We hope all judges and justices have this) sense of justice to check the prevailing authoritarianism in the country,” Trillanes said.
“I will leave it to the office of the solicitor general, as counsel for the government, to determine the appropriate legal remedy, which may include a motion for reconsideration with the Court of Appeals or a petition for review with the Supreme Court,” DOJ Secretary Menardo Guevarra responded. – Report from Kenneth Paciente
