DOJ insists documents still ‘best evidence’ in Trillanes amnesty case

The Department of Justice (DOJ) on Wednesday insisted that documents are still the "best evidence" to prove Senator Antonio Trillanes IV's claim that he complied with the amnesty requirements.

After failing to convince a trial court judge to order Trillanes' arrest for a long-dismissed coup d'etat case, the DOJ's chief prosecutor said that witnesses who testified that the senator filed an application fall short of being able to prove he met all the requirements in the form.

"They can attest to the fact that he may have filed, but as to the fact of whether he had complied, they cannot," Acting Prosecutor General Richard Anthony Fadullon said in an interview on GMA News TV's News To Go.

"Between the testimony of witnesses and documents itself, we believe that documents are... primary evidence that should be considered more than testimonial evidence," the veteran government prosecutor said.

The DOJ will appeal before Makati Judge Andres Soriano, who ruled — even without seeing the apparently missing application form — that Trillanes filed an amnesty application form and admitted his guilt for his participation in the Oakwood Mutiny, among others.

His factual findings were based on eyewitness testimonies, photographs, and other evidence presented by the senator's camp. Citing jurisprudence, the judge said the best evidence rule cannot be invoked and that secondary evidence may be admitted when the issue is the execution, and not the contents, of the document.

Soriano's highly anticipated ruling contradicted the factual basis of President Rodrigo Duterte's Proclamation No. 572, which revoked the vocal opposition senator's amnesty, but dismissed allegations of its unconstitutionality.

It also clashes with the ruling of another Makati judge, Elmo Alameda, who ordered Trillanes arrested for rebellion and allowed him to post bail in late September.

On Wednesday, Fadullon said the position of the prosecution is "not limited only to the filing or non-filing" of the application, as Proclamation No. 572 "speaks of non-compliance with the requirements."

Justice Secretary Menardo Guevarra said the DOJ will file its motion for partial reconsideration no later than Friday, October 26. — Nicole-Anne C. Lagrimas/RSJ, GMA News