Senior Assistant State Prosecutor Richard Fadullon. INQUIRER FILE PHOTO
Senator Antonio Trillanes IV has this propensity to “hole up” in an enclosed building, establishment–2003 at Oakwood, 2007 at the Manila Peninsula and now the Senate –“while evading the processes of the law,” prosecutors from the Department of Justice (DOJ) on Thursday told the Makati City Regional Trial Court Branch 148.
DOJ prosecutors led by acting Prosecutor General Richard Anthony Fadullon and Senior Assistant State Prosecutor Juan Pedro Navera insisted during the court proceeding that Proclamation 572 issued by President Rodrigo Duterte remains valid until annulled.
Proclamation 572 voided the amnesty given by President Benigno Aquino III to Trillanes due to the senator’s non-compliance with the basic requirements of submitting an application form and admitting his guilt.
READ: Duterte revokes Trillanes amnesty, orders his arrest
“It has been annulled by the President. Now, the newest proclamation is valid until annulled so from Proclamation 572, we go forward,” Navera said, meaning Makati RTC Branch 148 that handles the coup d’ etat case for the Oakwood mutiny must take off from where it left off in 2010, which was the date of the promulgation of the case.
During the hearing, only Atty. Reynaldo Robles attended to represent the senator who remained at the Senate premises since the President’s proclamation was issued.
“In recent days, once can fairly assume that disruptive behavior is being employed [by taking refuge] in the Senate premises, disrupting its day to day operation, while evading the processes of the law,” the prosecutors told the court in its reply to Trillanes’ comment/opposition to their urgent motion to issue an alias warrant of arrest and a hold departure order.
The Makati court in 2011 dismissed the case against Trillanes and the other Magdalo soldiers by virtue of the amnesty given by the previous administration. But the prosecution said with the proclamation issued by Duterte, the court’s order of dismissal issued seven years ago is considered void.
“All proceedings founded on the void judgment are themselves regarded as invalid. In other words, a void judgment is regarded as a nullity, and the situation is the same as it would be if there were no judgment,” the prosecutor said.
The Trillanes’ camp was given 10 days to submit a rejoinder and a supplemental comment while the prosecution has five days to submit a reply to Trillanes’ supplemental comment.
After the submission of all the pleadings, the court said the case is deemed submitted for resolution. /jpv
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