DOJ asks Makati court to issue alias arrest warrant vs. Trillanes

The Department of Justice (DOJ) has asked a Makati court to issue an alias warrant of arrest against Senator Antonio Trillanes IV, whose amnesty has just been voided by President Rodrigo Duterte.

State prosecutors on Tuesday afternoon filed a very urgent ex-parte omnibus motion for the issuance of a hold departure order — which would bar the senator from leaving the country — and an alias warrant of arrest against him.

Hours after the announcement by Malacañang ordering the arrest of Senator Antontio Trillanrs IV, Makati RTC Branch 148 Presiding Judge Andres Soriano receives motion for issuance of HDO and warrant of arrest vs the senator. Here is part of his interview. pic.twitter.com/2QWxmESLcD

— Raffy Tima (@raffytima) September 4, 2018

According to a tweet by Raffy Tima, Makati Regional Trial Court Judge Andres Soriano said he received the urgent ex parte motion filed by Senior Deputy State Prosecutor Richard Fadullon at 3:15 p.m.

"We will have to review the records again because this involves 53 volumes and the case started from another judge," Soriano said.

Asked whether or not a warrant of arrest could be issued within the day, Soriano said, "I'll see what I can do but I really don't know if I can. I'm still trying to retrieve the records."

"There was a previous dismissal, based on the amnesty, by the previous judge," Soriano said on whether there was a standing warrant of arrest against Trillanes.

Trillanes and several others faced coup d'etat charges before the Makati City Regional Trial Court's Branch 148. The promulgation of the decision on the case was initially set for October 2010 and reset to December of the same year.

But in November 2010, former president Benigno Aquino III granted amnesty to active and former Armed Forces of the Philippines (AFP) and police personnel and their supporters who may have committed offenses in connection with the Oakwood mutiny, the Marine stand-off and the Manila peninsula incident, the DOJ motion said.

Congress concurred with the Aquino proclamation in the following month. Days after, the Makati court granted Trillanes' motion to cancel the promulgation on account of the amnesty. In January 2011, Trillanes applied for amnesty before the Department of National Defense, which approved it weeks later.

"It is clear that this instant case is still pending with this Honorable Court and has yet to be terminated through a promulgation of judgment which was merely suspended last December 16, 2010," the DOJ said.

On August 31, however, Duterte signed a proclamation declaring Trillanes' amnesty void from the beginning due to alleged non-compliance with two requirements: an official application and an admission of guilt.

The proclamation, which takes effect immediately, Duterte ordered the AFP and the Philippine National Police to arrest Trillanes “so that he can be recommitted to the detention facility where he had been incarcerated for him to stand trial for crimes he is charged with.”

The opposition senator denied the premise of the proclamation but said he would go with the arresting officers should he be apprehended. Trillanes, however, was later placed under the custody of Senate President Vicente Sotto III.

In a privilege speech on Tuesday, Trillanes also presented video clips and online articles to prove he had filed an amnesty application and admitted guilt. — with a report from Raffy Tima/MDM, GMA News