DOJ formally asks Makati court to overturn Trillanes decision

Sen. Antonio Trillanes IV. INQUIRER.net file photo / CATHY MIRANDA

The Department of Justice (DOJ) has formally asked the Makati Regional Trial Court Branch 148 to partially reconsider a court decision denying its request to have Senator Antonio Trillanes IV arrested for his previously dismissed coup d’etat case.

State prosecutors filed its motion for partial reconsideration before Judge Andres Soriano on Thursday. It was signed by Senior Deputy State Prosecutor Richard Fadullon.

Soriano recently rejected DOJ’s bid to arrest Trillanes, a vocal critic of President Rodrigo Duterte.

In his decision, which was widely perceived to have favored Trillanes, Soriano also upheld the validity of President Duterte’s proclamation 572, which voided the senator’s amnesty.

READ: Makati judge rejects DOJ bid to arrest Trillanes

In its 10-page motion, the DOJ stressed that since the court said Proclamation 572 is valid, the factual bases for its issuance are therefore also valid.

DOJ said Duterte should be presumed to have determined Trillanes’ non-compliance with the amnesty requirements.

The state prosecutors insisted that the absence of Trillanes’ amnesty documents raises questions as to its existence and that of the required narration of facts and recantation.

DOJ also questioned why Makati RTC 148 blames the Ad hoc Amnesty Committee of the Department of National Defense, and not Trillanes, for the loss of his amnesty papers, noting that wrongful acts of agents should not be taken against the government.

Lastly, the DOJ claimed that the case is an exception to the rule on immutability of final judgments.

“With the revocation of amnesty granted to accused Trillanes, the Order dismissing the case against Trillanes on September 21, 2011, therefore becomes void and can never be final and executory,” the DOJ said.

The Makati court will hear the motion on October 30. /jpv