Rebellion case revival violates Trillanes’ rights to due process, equal protection —Hilbay

Senator Antonio Trillanes IV's rights to due process and equal protection of the law were violated when a Makati court revived his rebellion case that had already been dismissed seven years ago, according to former Solicitor General Florin Hilbay.

"It's a fundamental violation of the due process rights of Senator Trillanes na 'yung tapos na, bubuksan po muli at maling-mali pa talaga 'yung batayan ay kontra sa lahat ng ebidensya na naipakita niya kahit hindi nga siya dapat 'yung nagpapakita ng ebidensya," Hilbay said in a GMA News' News To Go interview.

His statement came after Judge Elmo Alameda of the Makati Regional Trial Court's Branch 150 granted the Department of Justice's motion for the issuance of a warrant of arrest and a hold departure order against the opposition senator on Tuesday.

Hilbay is among the legal counsels representing Trillanes before the Supreme Court over the senator's petition seeking to nullify President Rodrigo Duterte's Proclamation 572 which voided the lawmaker's amnesty.

Hilbay insisted that reviving the rebellion case will subject Trillanes under double jeopardy, which is prohibited under Section 7, Rule 117 of the Revised Rules of Criminal Procedure.

Under the said rule, a person cannot be prosecuted twice for the same offense.

Alameda, in his ruling, insisted that double jeopardy does not apply in Trillanes' case because the dismissal of the rebellion case in September 2011 is now deemed to have not existed in light of the voiding of the amnesty, on which the dismissal was based.

Hilbay also said the revival of the case would violate Trillanes' right to equal protection of the law because he was being singled out even if 38 other officers had applied for amnesty on the same day Trillanes did on January 5, 2011.

"Naka-highlight dito iyong problema on equal protection dahil parang si Sen. Trillanes lang ang hahabulin. Kung titignan natin ang rason ng judge, dapat ata kailangan habulin lahat ng kinasuhan at nawawala ang application," he said.

Missing application form

Duterte "revoked" his staunch critic's amnesty in late August over his alleged failure to comply with two minimum requirements: filing an application and admitting his guilt.

Trillanes had earlier presented news reports, videos, interviews and photos from the Department of National Defense (DND) showing Trillanes applying for amnesty, but these were all denied by the court.

Alameda, instead, gave more weight on a DND certification issued this year upon the request of Solicitor General Jose Calida, stating that the agency currently has no record of Trillanes' amnesty application form.

Hilbay maintained that it was the government's fault if it lost Trillanes' application form.

"Kaya naman po kami, nakapag-issue pa kami ng mga affidavits na nagsasabi 'yung lahat nu'ng mga opisyal na proseso ng kaniyang application, sinabi nila na totoo na nag-apply si Senador Trillanes."

"Kaya malinaw sa amin na hindi katanggap-tanggap, hindi lamang sa mga abogado kundi pati na sa mga ordinaryong mamamayan 'yung ganoong pag-iisip na dahil nawala ang application mo, hindi na puwedeng gamitin o hindi na valid ang iyong certificate of amnesty," he said.

Hilbay said Trillanes' certificate for amnesty, issued by the Defense Secretary Voltaire Gazmin, suffices as evidence for his application.

"'Yun ang pinakamalakas na ebidensya at tanging ebidensya na kailangan para malaman kung nag-apply ba si Sen. Trillanes dahil meron siyang certificate of amnesty. 'Yun ang pinakamalakas na ebidensya na dumaan siya sa isang proseso at 'yung proseso na 'yun ay tama," he said.

Judge Alameda in his ruling said the Gazmin's certification was issued to Trillanes under an "erroneous belief" that the lawmaker had complied with the amnesty requirements. — Jamil Santos/MDM, GMA News