Makati court gives Trillanes camp chance to defend plea vs arrest


Posted at Oct 12 2018 04:20 PM

MANILA - The Makati court that ordered Sen. Antonio Trillanes' arrest last month granted on Friday his request to answer the state's opposition to his plea to reconsider its arrest order against him over his rebellion case. 

In an order signed by Makati Regional Trial Court Branch 150 Judge Elmo Alameda, the court gave Trillanes' camp five days to reply to the Department of Justice's (DOJ) plea against his motion for reconsideration.

“Procedurally the motion will be submitted, humingi rin ng limang araw ang DOJ kung kailangan ba silang mag-file ng rejoinder,” said defense lawyer Rey Robles.

(Procedurally, the motion will be submitted. The DOJ also sought 5 days to be able to file a rejoinder.)

“I think pagkatapos noon pag-aaralan na ni Judge kung dapat bang magkaroon ng hearing, kung dapat bang payagan ang mga partido na magpresinta ng mga testigo at ebidensya sa pinag-uusapang isyu na nag-file ba o hindi si Senator Trillanes ng amnesty niya.”

(I think after that, the Judge will study whether or not there should be a hearing, if the parties should be allowed to present witnesses and evidence in line with the issue of whether or not Sen. Trillanes filed for amnesty.)

The case is rooted in Trillanes' alleged role in the 2007 Manila Peninsula siege, among court proceedings revived after President Rodrigo Duterte voided his fierce critic's 2011 amnesty. 

Trillanes, a former Navy officer, is facing a separate coup d'etat case before the Makati RTC Branch 148 over leading the 2003 Oakwood mutiny. 

In Friday's hearing, Robles asserted that his client was not able to present evidence and witnesses before the court issued an arrest warrant.

Branch 150 ordered Trillanes' arrest on Sept. 25. The lawmaker made bail on the same day. 

“We pointed out that the issue in this case is factual in nature and would require the presentation of evidence just like in the case of Branch 148, which requires the presentation of evidence," Robles said. 

"Ang nire-require namin kay Judge (Alameda) eh, bigyan ng pagkakataon si Senator Trillanes ngayong wala nang urgency, at mayroon namang hurisdiksyon ang ebidensya para maintindihan na ng korte kung ano talaga ang nangyari.”

(What we require of judge is for Senator Trillanes to be given a chance now that there is no urgency and there is jurisdiction over evidence so that the court will understand what really happened.)

But Alameda questioned this argument since “the court asked clarificatory questions, and ordered to produce and present primary evidence.”

Nevertheless, Alameda said the court will read the pleadings again and possibly consider Trillanes' camp's prayer to present testimonial evidence.

- Report from Jasmin Romero, ABS-CBN News