Hintayin muna ang korte: SC denies Trillanes’ plea for TRO over amnesty
By James Hernandez
The Supreme Court (SC) has denied the petition of Senator Antonio Trillanes IV to issue a preliminary injunction or a temporary restraining order (TRO) against the nullification of his amnesty.
“Wherefore, the Prayer of the Issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order of Petitioner Senator Antonio “Sonny” F. Trillanes IV is denied,” said SC spokesperson Maria Victoria Glioresty on Tuesday (Sept. 11).
With this, Glioresty said that the SC has directed Trillanes “to file comment thereon within ten calendar days from notice.”
In his petition, Trillanes sought before the SC to nullify President Rodrigo Duterte’s Proclamation No. 572 which declared that the amnesty of Trillanes has been voided for having failed to comply with the requirements including the filing of an application and his admission of guilt.
Trillanes was granted amnesty in 2010 by then President Benigno “Noynoy” Aquino III under Proclamation No. 75 over the senator’s involvement in the 2003 Oakwood mutiny and 2007 Manila Peninsula siege.
However, Glioresty pointed out “the issues of whether or not Senator Trillanes filed an application for amnesty and whether or not he admitted his guilt for the crimes subject thereof appear to be factual in nature.”
“Only a court, and in certain cases, the Court of Appeals, are trier of facts,” she said.
“Hence, it is appropriate that the Makati RTCs (regional trial courts) should be given leeway in exercising their concurrent jurisdiction to hear and resolve the pleadings/motions filed by the parties as regards the legality of Proclamation No. 572, Series of 2018,” she added.
Glioresty said that the SC also found no urgency in issuing injunctive relief since it took judicial notice of “the categorical pronouncement of President Duterte that Senator Trillanes will not be apprehended, detained or taken into custody unless a warrant of arrest has been issued by the trial court.”
The Department of Justice (DOJ) has already filed motions before Makati RTC Branches 148 and 150 for the issuance of arrest warrants against Trillanes.
Branch 148 is handling the Oakwood mutiny, while, Branch 150 is handling the Manila Peninsula siege.