Pre-trial on hotel siege postponed for third time
By DJ Yap
Philippine Daily Inquirer
First Posted 15:32:00 07/04/2008
MANILA, Philippines -- The pre-trial of the rebellion case against Senator Antonio Trillanes IV and the soldiers involved in the brief takeover of a hotel in Makati City in November 2007 has been postponed anew by a local court.
Judge Elmo Alameda of the Makati regional trial Court Branch 150 granted a defense motion that sought to reset the pre-trial to give the Court of Appeals sufficient time to act on their petition for a temporary restraining order on the proceedings.
Trillanes and company laid siege to the Manila Peninsula Hotel in November 2007 to demand the resignation of President Gloria Macapagal-Arroyo amid allegations of corruption and poll fraud.
In a July 3 order, the court said it was constrained to move the pre-trial to August 13 "in deference to the Court of Appeals and so as not to render moot and academic the petition and the application for the issuance of a TRO and/or a preliminary injunction."
Trillanes and his co-accused, represented by lawyer Ernesto Francisco, said the CA had been unable to act on their application for a TRO and injunction because of the respondents' failure to file their comment.
They also noted that police officials had not yet produced the documents they had sought, "which shall be used in connection with their defense" and "which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution, police, or other law investigating agencies."
Francisco had asked the court to require the police officials to show cause why they should not be cited for contempt for their failure to produce the documents, including after-operation reports, booking and information sheets on the Peninsula incident.
But Alameda said the motion was rendered moot when the concerned officials finally complied with the order on July 2 by submitting most of the documents sought as well as a manifestation showing that some of the documents were not in their possession.
The pre-trial had was postponed thrice: April 23, June 4 and July 7.
In all three, the defense had wanted to give the appellate court more time to rule on their petition for certiorari seeking to reverse the finding of probable cause in their case, and their application for a TRO and injunction.
On Nov. 29, 2007, a group led by Trillanes, Brigadier General Danilo Lim and members of the mutinous band of junior officers who called themselves the Magdalo walked out of a court hearing, marched in the streets, and holed themselves up at the Manila Peninsula.
After a police and military assault, however, the group surrendered peacefully.
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