SC recognizes Makati courts' power to hear cases vs. Trillanes — Guevarra

The Department of Justice (DOJ) believes that the Supreme Court's (SC) refusal to immediately block the voiding of Senator Antonio Trillanes IV's amnesty shows its recognition of the jurisdiction of the two local courts on the cases against him that they have already dismissed.

This was how Justice Secretary Menardo Guevarra interpreted the SC majority decision that rejected Trillanes' request for a temporary restraining order (TRO) against Proclamation No. 572 -- the directive that nullified his amnesty -- on Tuesday.

In denying Trillanes' request, the SC ruled that whether or not he filed an application for amnesty or admitted his guilt were factual issues that can only be resolved by trial courts or, in some cases, the Court of Appeals. 

Hence, the justices held that it was "appropriate" for the Makati Regional Trial Court (RTC) Branches 148 and 150 to 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."

For Guevarra, this means the SC "has also acknowledged the trial courts’ continuing jurisdiction over the coup d’etat and rebellion cases, notwithstanding the alleged ‘finality’ of the orders of dismissal based on the grant of amnesty to Sen. Trillanes."

Branch 148 handled the coup d'etat case against Trillanes over the 2003 Oakwood Mutiny, while Branch 150 handled the rebellion case over the 2007 Manila Peninsula Siege.

Both courts dismissed the cases in 2011, after the former Navy officer was amnestied, hence his argument that these tribunals no longer have jurisdiction over him. On the contrary, the DOJ argues that the amnesty voiding stripped the case dismissals of basis.

Meanwhile, Guevarra said the DOJ is "very happy" that the SC has rejected Trillanes' request for a TRO, finding an absence of an "extreme and urgent necessity" for issuing one after Duterte said the senator will not be arrested without a court-issued warrant.

"There is really no extreme urgency to speak of, as the trial courts have set the DOJ's motions for alias warrant of arrest and Hold Departure Order for hearing, thereby giving Sen. Trillanes an opportunity to be heard," the Justice chief told reporters in a message.

The DOJ has asked the two courts to order Trillanes' arrest. Judge Andres Soriano of Branch 148 will hear the motion before him on Thursday, September 14, while Judge Elmo Alameda of Branch 150 set a hearing on Friday. —KBK, GMA News