DOJ asks Makati court: Don’t side with Trillanes
Makati City Judge Andres Soriano has been asked to uphold his ruling which as lawful President Rodrigo Duterte’s Proclamation No. 572 which declared as void the amnesty given to Sen. Antonio Trillanes over his participation in the 2003 Oakwood mutiny and 2007 Manila Peninsula siege.
Instead, the Department of Justice (DOJ) asked Soriano to deny the motion for partial reconsideration of Trillanes which sought the a reversal of a portion of the magistrate’s Oct. 22 order.
The October 22 order upheld the legality of Proclamation No. 572 but turned down the DOJ’s appeal to issue an arrest warrant and hold departure order (HDO) against Trillanes.
Soriano, is handling the coup d’etat case concerning the Oakwood mutiny, pointed out in his order that the coup d’etat case was already dismissed back in 2011.
“The revocation of the grant of amnesty to accused Trillanes through Proclamation No. 572, series of 2018 is a valid exercise of his executive power,” the DOJ reminded Soriano’s ruling.
“Proclamations are acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order,” the DOJ explained.
At the same time, the DOJ prodded Soriano to issue an arrest warrant and HDO against Trillanes.
“For while the case for coup d’etat against Trillanes was dismissed on September 21, 2011, the same was premised only on a valid grant of amnesty,” the DOJ pointed out.
“It is incumbent ipon the judiciary to recognize that the basis for the dismissal of the case against accused Trillanes is not valid and therefore the Order is likewise void,” it said.