Sen. Antonio Trillanes IV during a press conference at the Senate after the decision of Makati RTC was released on Monday, October 22, 2018.
Malacañang on Monday (October 22) said it respects the decision of Makati RTC Branch 148 to deny the motion submitted by the Department of Justice for the arrest of Senator Antonio Trillanes IV in connection with his criminal charge for coup d’etat.
In his ruling, Judge Andres Soriano referred to the doctrine of immutability wherein a decision that has acquired finality may no longer be modified.
The court noted records that show the coup d’état case against Trillanes has already been dismissed in September 21, 2011 and that the decision was final and executory.
Nevertheless, the court upheld the validity of Proclamation No. 572 which voids the amnesty given to Trillanes in 2010.
The Palace welcomed the affirmation of the proclamation issued by the President.
“It signifies that this administration is not engaged in the political persecution of its critics but is only enforcing the law against anyone who goes against its command,” Presidential Spokesperson & Chief Presidential Legal Counsel, Salvador Panelo said in a statement.
The Palace reiterated that it will continue to respect the constitutional independence of the Judiciary and assured that the Executive Branch will always “bow down to the majesty of the law.”
Panelo also said that Malacañang will not “unfairly appeal to the pity of the public but will address this matter head on in the proper forum.”
He also noted that “The ruling of the court already suggests that this case is unique,” and that “the first jeopardy has not yet been validly terminated since the dismissal of the case for coup d’etat was based on a void executive grant.”
This would mean “existing legal remedies under the law may be availed of,” particularly since the court confirmed the legality of Presidential Proclamation No. 572.
Panelo said the Office of the President will leave it to the Department of Justice or the Office of the Solicitor General to decide which legal course to take in relation to the case. — Chato Alonsagay
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