Trillanes seeks break to appeal Binay libel suit

Senator Antonio Trillanes. INQUIRER FILE PHOTO / GRIG C. MONTEGRANDE

SEN. ANTONIO Trillanes IV has asked the Makati regional trial court to suspend proceedings in his libel case and recall his arrest warrant, if any had been issued, while he appeals the adverse findings of the Department of Justice.

Trillanes’ lawyer Reynaldo Robles also said they had not received a copy of the DOJ ruling charging the senator with libel and that he had a right to file a motion for reconsideration.

“We’re asking the court to honor the rights of the accused,” Robles said in a phone interview. A hearing on their motion is set on Friday, he added.

Trillanes is immune from arrest until Friday, according to Sen. Aquilino Pimentel III.

Pimentel pointed to the constitutional provision which states that a member of Congress, in all offenses punishable by not more than six years’ imprisonment, is privileged from arrest while Congress is in session.

Pimentel, who is a lawyer, said Trillanes’ immunity would lapse when Congress goes on recess beginning Feb. 6.

Even if Congress sessions are suspended only for the duration of the campaign period and not adjourned sine die (without a set date for resumption), it is still considered to be not in session, he said. The Congress session resumes on May 23.

“Whatever kind of adjournment it is, he loses immunity from arrest,” Pimentel said in a phone interview.

Robles, though, believes the Congress recess for the campaign period is not an adjournment of session, thus, Trillanes’ immunity remains until June when the 16th Congress closes its session for the final time.

Robles said that Trillanes, who is in the United States, had no intention of evading an arrest order. The senator is expected back in the Philippines next week.

Former Makati City Mayor Junjun Binay filed a libel case against Trillanes after the latter accused him of corruption, graft, bribery and plunder in connection with alleged irregularities in Makati City projects, such as the overprice in the Makati City Hall Building II.