MANILA - (UPDATED) Another Makati court said Monday it will not issue a warrant of arrest or hold departure order against Senator Trillanes IV without a hearing, following the withdrawal of his amnesty over 2 failed uprisings.
The Department of Justice last Friday asked the Makati Regional Trial Court (RTC) Branch 150 to order Trillanes' arrest and bar his departure from the country, arguing that the nullification of his amnesty means all cases against the senator must be pursued.
The court "was not persuaded" to act on DOJ's request without a hearing because doing so "would definitely prejudice the right of the accuse for due process," said Judge Elmo Alameda in a decision read by Clerk of Court Atty. Diosfa Valencia.
"We should hear also the side of Senator Trillanes," Valencia told reporters.
"The court will not issue any hold departure order or warrant of arrest as of this moment," she added.
Alameda has set the hearing on Friday, September 14, said Valencia.
Branch 150 handled the rebellion case against Trillanes and his comrades over the 2007 Manila Peninsula Siege.
The case was dismissed in 2011, but the court is waiting for the Supreme Court to deem that this decision is already final, said Alameda.
The Makati RTC Branch 148, meanwhile, handled the coup d'etat case against Trillanes and his fellow mutineers over the 2003 mutiny at the Oakwood Premier hotel in Makati City.
Branch 148 last week said a separate motion for the issuance of an arrest warrant against Senator Antonio Trillanes IV will also have to wait for the lawmaker's comment and a hearing on Thursday, September 13.