MANILA - The Office of the Solicitor General will question the Makati court’s ruling denying the issuance of an arrest warrant and a hold departure order against Senator Antonio Trillanes IV before the Court of Appeals by early January next year.
Justice Secretary Menardo Guevarra said the Department of Justice held a conference with the Office of the Solicitor General to map out a strategy after the Makati City Regional Trial Court Branch 148 junked the DOJ’s motion for issuance of a warrant of arrest and an HDO against the senator.
Branch 148 handled the coup d’etat charges filed against Trillanes in connection with the 2003 Oakwood mutiny.
“Within the reglementary period, the Office of the Solicitor General will file the necessary petition for certiorari with the court of appeals in so far only as the resolution of branch 148 denying our motion for the issuance for a warrant of arrest and hold departure order is concerned for grave abuse of discretion amounting for lack or excess of jurisdiction,” he explained.
Guevarra said the petition will be filed within 60 days from the denial of the DOJ’s motion for reconsideration, or by early January.
Branch 148’s Judge Andres Soriano, on November 22, denied the DOJ’s plea to reconsider his earlier ruling denying the issuance of an arrest warrant and an HDO against Trillanes.
Soriano ruled Trillanes applied for amnesty and admitted guilt and, thus, there was no basis to have him arrested as the coup d’etat case had long been dismissed.
In the same ruling, he also stood by his decision to uphold the legality of Presidential Proclamation No. 572, which voided Trillanes’ amnesty.
Trillanes’ lawyers had asked permission from the Makati court to allow them to appeal the denial of their motion straight to the Supreme Court in the same petition they had earlier filed questioning PP572.
Branch 148 has yet to resolve Trillanes’ motion.
Trillanes is also facing a similar motion at Makati City RTC Branch 150, which had ruled in favor of the DOJ by issuing an arrest warrant and HDO against Trillanes on September 25. The senator posted bail on the same day and has subsequently allowed him to travel to Europe and the United States on official business.