Senator Antonio Trillanes IV’s camp believes that a motion for reconsideration (MR) may no longer be filed to reverse a court’s junking of a motion for his arrest.
In a 33-page decision, the Makati Regional Trial Court Branch 148 denied the Department of Justice’s request to issue an arrest order against Trillanes for non-bailable coup d’ etat charge against him.
The court noted that the case has long been dismissed as per court’s order dated September 21, 2011.
“Sa criminal cases, once dinismiss ng korte, hindi na normally nag e-entertain ng Motion for Reconsideration. Kaya one strike lang yun e,” Trillanes’ lawyer, Rey Robles, explained in a press briefing at the Senate.
“Ito dismissed na seven years ago, sinabi lang ni Judge dito na hindi nya pinagbibigyan yung kahilingan na buksan yung kaso so wala tayong kasong pinag-uusapan.”
“Pwede siguro silang mag file ng MR pero mananatiling sarado ang kaso hanggang buksan uli ito,” he said.
It was clear in the ruling of the court, the lawyer said, that a case, which has been decided with finality, could not be reopened anymore even by the Supreme Court.
“Yan ang nakagalay sa ating jurisprudence kasi pag nangyari yan mawawalan ng stability ang ating judicial system,” Robles said.
“Biro mo yung, 7 taon, 10 taon na decision biglang mababago dahil sa presidential proclamation o dahil sa decision ng bagong korte? Mahirap talaga yun, dahil magkakaroon ng instability,” he added.
With the ruling of the court, Trillanes is confident that he could no longer be arrested even in a court-martial.
“Natuldukan na yung any possibility na ako ay maaresto,” he said in a separate press briefing.
Besides, the senator noted the military’s public pronouncements that he would not be arrested to face the court-martial.
Trillanes was a navy officer when he was charged and arrested for his role in failed uprisings against then President and now Speaker Gloria Macapagal-Arroyo.