Manila Bulletin
Drilon asks SC to rule on constitutionality of Trillanes case, says no basis for revival, arrest
Drilon asks SC to rule on constitutionality of Trillanes case, says no basis for revival, arrest
Drilon asks SC to rule on constitutionality of Trillanes case, says no basis for revival, arrest
Published Sep 27, 2018 04:29 pm
By Hannah Torregoza
Senate minority leader Franklin Drilon on Thursday joined calls for the Supreme Court to rule on the constitutionality of President Rodrigo Duterte’s Proclamation No. 572 saying it is the High Court that must decide on Sen. Antonio Trillanes’ case and help provide stability in the country’s legal system.
Senator Frank Drilon
(Czar Dancel / MANILA BULLETIN) “We maintain that there is no basis in law and in fact, for the resurrection of cases and the issuance of warrant of arrest against Sen. Antonio Trillanes. The cases were validly and legally dismissed seven years ago by virtue of the amnesty that was given to Sen. Trillanes and the validity of which was ruled upon by the same courts,” Drilon said in a statement. “The decisions in these cases have already attained finality. It is the Supreme Court that can rule on this issue and it should decide on this case with urgency given its effects on the stability of our judicial system,” the minority leader added. Trillanes had earlier questioned and sought to stop the implementation of Duterte’s proclamation that revoked the amnesty granted to him by the Aquino administration, but the SC only took “judicial notice” of the President’s pronouncement it will not arrest the senator if there is no arrest warrant issued by a court. But last Tuesday, the Makati Regional Trial Court Branch 150 issued an arrest warrant and a hold departure order against Trillanes for the rebellion charges in connection with the Manila Peninsula siege in 2007. He was, however, able to post a P200,000 bail. Trillanes, however, failed to get an immediate relief from the SC for the case of coup d’ etat filed by the Department of Justice (DOJ) with another branch, Makati RTC Branch 148. Drilon also said Trillanes may still file a petition for bail with the Makati Regional Trial Court Branch 148 which is set to decide on the coup d’ etat charges against him. “Senator Trillanes may still file a petition for bail with the court. Where the imposable penalty for the offense is reclusion perpetua, as it is for coup d’etat, the grant of bail is discretionary on the court,” Drilon said. Still, the former Justice secretary said, the Supreme Court, as the final arbiter of justice, should rule on the constitutionality of President Duterte “as soon as possible.” “I am confident that the Supreme Court will uphold the rule of law and decide against Proclamation 572,” Drilon said. Sen. Francis “Chiz” Escudero had earlier also asked the SC to act on the petition of the beleaguered senator. “The crime of coup de etat, which is pending in the other court, is not (bailable). Bail, therefore, will not be a matter of right on the part or Sen. Trillanes and he can be detained once an order of arrest is issued by the RTC,” noted Escudero. “So I hope the SC would decide once and for all if Sen. Trillanes’ petition is valid or not or if ever consider issuing a temporary restraining order (TRO). The right of a person to liberty cannot be made to depend on the Court’s absence or lack of action on an issue,” added Escudero.
Senator Frank Drilon(Czar Dancel / MANILA BULLETIN) “We maintain that there is no basis in law and in fact, for the resurrection of cases and the issuance of warrant of arrest against Sen. Antonio Trillanes. The cases were validly and legally dismissed seven years ago by virtue of the amnesty that was given to Sen. Trillanes and the validity of which was ruled upon by the same courts,” Drilon said in a statement. “The decisions in these cases have already attained finality. It is the Supreme Court that can rule on this issue and it should decide on this case with urgency given its effects on the stability of our judicial system,” the minority leader added. Trillanes had earlier questioned and sought to stop the implementation of Duterte’s proclamation that revoked the amnesty granted to him by the Aquino administration, but the SC only took “judicial notice” of the President’s pronouncement it will not arrest the senator if there is no arrest warrant issued by a court. But last Tuesday, the Makati Regional Trial Court Branch 150 issued an arrest warrant and a hold departure order against Trillanes for the rebellion charges in connection with the Manila Peninsula siege in 2007. He was, however, able to post a P200,000 bail. Trillanes, however, failed to get an immediate relief from the SC for the case of coup d’ etat filed by the Department of Justice (DOJ) with another branch, Makati RTC Branch 148. Drilon also said Trillanes may still file a petition for bail with the Makati Regional Trial Court Branch 148 which is set to decide on the coup d’ etat charges against him. “Senator Trillanes may still file a petition for bail with the court. Where the imposable penalty for the offense is reclusion perpetua, as it is for coup d’etat, the grant of bail is discretionary on the court,” Drilon said. Still, the former Justice secretary said, the Supreme Court, as the final arbiter of justice, should rule on the constitutionality of President Duterte “as soon as possible.” “I am confident that the Supreme Court will uphold the rule of law and decide against Proclamation 572,” Drilon said. Sen. Francis “Chiz” Escudero had earlier also asked the SC to act on the petition of the beleaguered senator. “The crime of coup de etat, which is pending in the other court, is not (bailable). Bail, therefore, will not be a matter of right on the part or Sen. Trillanes and he can be detained once an order of arrest is issued by the RTC,” noted Escudero. “So I hope the SC would decide once and for all if Sen. Trillanes’ petition is valid or not or if ever consider issuing a temporary restraining order (TRO). The right of a person to liberty cannot be made to depend on the Court’s absence or lack of action on an issue,” added Escudero.