Trillanes scored victory in Makati ruling, says lawyer

ABS-CBN News

Posted at Oct 23 2018 09:20 AM

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MANILA - A former Supreme Court spokesperson on Tuesday said Senator Antonio Trillanes IV definitely scored a victory after a Makati court denied a motion to have him arrested over an already dismissed coup d'etat case. 

But Lawyer Theodore Te said the Makati Regional Trial Court Branch 148 ruling, and a "diametrically opposed" ruling by a coordinate court, Branch 150, are likely to be elevated to higher courts, all the way up the Supreme Court.

"Ideally those two rulings are going to make their way up the judicial hierarchy—the Court of Appeals and most likely the Supreme Court," he told ANC, stressing that the two coordinate courts cannot overrule each other.

While the Makati court junked the Department of Justice's motion to have Trillanes arrested, it upheld the constitutionality of President Rodrigo Duterte's Proclamation 572 that nullifies the the senator's amnesty.

Te explained that Branch 148's Judge Andres Soriano did not invalidate Proclamation 572 of President Duterte. 

"He did mention that the President had the power to do what he did in Proclamation 572. And in fact, in a sense he did sustain 572 only as a way of arriving at his decision not to grant the request," the lawyer said.

Trillanes has a pending motion for reconsideration before Branch 150, which previously granted the Department of Justice's motion to arrest him for rebellion charges, based on the same presidential proclamation.