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Trillanes appeal vs. arrest for rebellion denied


The Makati judge who ordered Senator Antonio Trillanes IV arrested for rebellion over the 2007 Manila Peninsula Siege has stood by his decision to revive the previously dismissed case against the lawmaker.

Judge Elmo Alameda of the Makati Regional Trial Court Branch 150 denied Trillanes' motion for reconsideration assailing the ruling for his arrest, according to a December 18 order obtained Monday.

Alameda's six-page order shows he was not persuaded by the "not novel" issues that Trillanes raised in his pleading.

"In fact, the matters raised therein have been thoroughly and exhaustively passed upon by this court in its assailed order," the judge wrote.

The opposition senator is currently out on bail after being ordered arrested last September.

The arrest stemmed from prosecutors seeking to revive criminal cases against him after President Rodrigo Duterte's revoked his amnesty over failed military uprisings during the Arroyo administration.

'Void from the start'

The issue of the constitutionality of the presidential proclamation is pending before the Supreme Court.

The government alleged that the amnesty granted to Trillanes was void from the start because failed to comply with two requirements -- an official amnesty application and an admission of guilt.

Despite Trillanes' arguments, the court sided with the prosecution by ruling that the primary evidence to prove the supposed filing was a copy of the application form itself.

"Sen. Trillanes' inability to present the official original copy duly stamp marked received or even a photocopy of the application form bars him from proving the alleged contents thereof," Alameda wrote in the recent decision.

Another judge, Andres Soriano of the neighboring court, Branch 148, decided to spare Trillanes from arrest for a dismissed coup d'etat case after hearing witness testimonies that the lawmaker complied with the requirements.

For his part, however, Alameda maintained that because the case involves the question of filing the application form, "no other evidence should be admitted other than the original document itself."

The judge held that Trillanes failed to prove that the original form exists nor explain why he could not find it.

Because of this, Trillanes' "substitutionary evidence" is "considered hearsay and cannot be admitted as evidence" to prove his compliance with the requirements for amnesty, Alameda wrote.

Despite finding reason to order the senator's arrest, Alameda decided Trillanes was "not a flight risk" by allowing him to travel to Europe and the United States for speaking engagements and other activities in the line of official duty.

In a decision late last year, Alameda permitted Trillanes to go to the Netherlands, Spain and the United Kingdom from December 11, 2018 to January 12, 2019 and to the United States from January 27 to February 10, 2019.

Higher courts

Trillanes' camp said they have yet to see the ruling but they will consider bringing it to the higher courts.

“We have yet to see the ruling of the Court so we cannot comment on the supposed basis of the denial of our motion,” lawyer Reynaldo Robles said in a statement.

“Needless to state, we will consider the possibility of appealing or questioning the ruling before the higher courts,” he added. — with Amita Legaspi/RSJ/BM, GMA News

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