Opposition Senator Antonio Trillanes IV. (AP Photo/Bullit Marquez)
Senator Antonio Trillanes IV has appealed to the “sense of justice” of Makati City Regional Trial Court Branch 150 Judge Elmo Alameda to allow a hearing for reception of evidence to dispute claims of the government that he failed to comply with the basic requirements to avail of amnesty.
“Former accused Trillanes earnestly appeals to the sense of justice of the Honorable Court to grant his humble request to set this case for hearing for the proper presentation of evidence,” read Trillanes’ comment through his counsel Atty. Reynaldo Robles.
“It is respectfully submitted that this is the least that the Honorable Court could do before it gives its final blessing to the re-opening of this case, a case which has been dead for nearly seven years,” it further read.
Makati RTC Branch 150 which is handling the rebellion case against Trillanes for the 2007 Manila Peninsula siege has issued a warrant for his arrest, in effect allowing the reopening of the case that was dismissed in 2011.
Alameda insisted that the best evidence is the actual application form signed by Trillanes and it will be the end of the proceedings.
But the senator’s camp said application of the Best Evidence Rule is misplaced.
READ: Makati court judge presses Trillanes to present amnesty application
In their comment, the Trillanes’ camp said the government should be the one required to present evidence to prove the senator’s non-compliance instead of insisting that the present the application form to dispel the contents of Proclamation 572 issued by President Rodrigo Duterte.
“Clearly, the burden of proof lies with the Prosecution to prove its claims by clear and convincing evidence. Its mere assertion cannot be taken on its face because it is neither proof or evidence,” read the comment.
The senator’s camp wants a full trial to receive the evidence as Atty. Reynaldo Robles said that what was conducted before Branch 150 was a mere summary hearing. /je