MANILA - (UPDATED) A Makati court on Wednesday said a motion for the issuance of an arrest warrant against Senator Antonio Trillanes IV will have to wait for the lawmaker's comment and a hearing next week.
Judge Andres Soriano of Makati Regional Trial Court Branch 148 has set the hearing on the Justice Department's motion for arrest and a hold departure order on Thursday, September 13.
The court also gave Trillanes 5 days to comment on the motion filed on Tuesday, following the nullification of the senator's amnesty.
Trillanes said he will be filing his comment within the period. The senator said he will also a file a petition for a temporary restraining order on the nullification of his amnesty.
Speaking to reporters on Wednesday, Trillanes also showed documents issued in 2011 that show the Makati court has already dismissed the coup d'etat and rebellion charges against him.
The senator stressed that prosecutors were given 15 days by the court to question these rulings in 2011 but they did not avail of this.
"Noong hindi nila finile, ibig sabihin noon they are not questioning it. Si Fadullon at si Navera, sila rin ang prosecutors noon," he said referring to Acting Prosecutor General Richard Fadullon and Senior Assistant State Prosecutor Juan Pedro Navera.
In a press conference Tuesday, Fadullon said cases against Trillanes were already up for promulgation when the amnesty was granted to him.
Justice Secretary Menardo Guevarra has said that since the proclamation of President Rodrigo Duterte effectively voided the amnesty of Trillanes, all his previous cases shall proceed.
In the proclamation issued August 31, Duterte voided Trillanes' amnesty for his alleged failure to formally apply for one and for his supposed failure to admit guilt.
The senator, who is one of Duterte's loudest critics, has already denied these claims, even playing a video in the Senate to prove he formally applied for amnesty.
Guevarra said Trillanes should prove it in court. But Trillanes said the burden of proof is on the administration because they were the ones who lost his document.--report from Kevin Manalo and Ina Reformina, ABS-CBN News