Binay backs Trillanes in amnesty issue: Talagang sobra-sobra na ‘yan
Former vice president Jejomar Binay on Wednesday appeared to back Senator Antonio Trillanes IV, a fierce critic of his, in the former mutineer's legal fight after the revocation of his amnesty.
Binay, who will seek a congressional seat in 2019, said the dismissal of the criminal cases against Trillanes over two Arroyo-time failed military uprisings have attained finality.
"May mga nagpapadala sa'kin ng mga message: 'Oh, nakabawi ka na, napapahabla na.' Sinasabi ko, as a lawyer, meron kasing tinatawag na law of the case," he said in Manila.
"Halimbawa, mali 'yung desisyon, hindi tama on the basis of the facts and the law applicable, eh kung naging final and executory na 'yun, that's the law of the case. Ito 'yung kay Trillanes, eh talagang sobra-sobra na 'yan," he added.
According to the Supreme Court, the "'law of the case,' as applied to a former decision of an appellate court, merely expresses the practice of courts in refusing to reopen what has been decided."
Trillanes faced a coup d'etat and a rebellion case before two Makati courts over the 2003 Oakwood Mutiny and the 2007 Manila Peninsula Siege, but the cases were dismissed pursuant to the amnesty he was granted by former president Benigno Aquino III.
But the Duterte administration moved for the revival of the junked cases when it revoked the senator's amnesty for his alleged failure to comply with two requirements for the presidential grant.
During the forum, Binay said any pending case against Trillanes then could have been grounds for his disqualification for his candidacy to public office. "Pero hindi eh. Sa akin ha, as a lawyer, final na 'yung decision na 'yun."
Trillanes' legal counsel has repeatedly invoked the doctrine of immutability of final judgment in fighting the government's attempts to have him re-arrested. One judge refused to disturb this principle, while another said the case dismissal was void and therefore cannot attain finality.
The senator is now out on bail after being ordered arrested for the revived rebellion case.
Binay and Trillanes had what the senator himself called a "very bitter political feud" years ago.
It was Trillanes and former senator Alan Peter Cayetano who initiated the Senate investigation against the former Makati mayor over the alleged overpricing, bid rigging and kickbacks in connection with the construction of the Makati City Hall Building II.
Binay said on Wednesday that he has forgiven Trillanes and Cayetano.
Additionally, Binay offered his opinion on the ouster case against former chief justice Maria Lourdes Sereno: "Kahit nga do'n kay Justice Sereno, tingin ko 'di pwede 'yung quo warranto doon, as a lawyer." — MDM, GMA News