The Supreme Court denied Senator Antonio Trillanes IV’s bid to stop the implementation of Proclamation 572.
“The Court resolved to deny petitioner Senator Trillanes’ prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order,” acting SC Spokesperson Atty. Gleo Guerra said in a press conference.
The high court holds as a guarantee the assurance of President Rodrigo Duterte that Trillanes will not be arrested unless an arrest warrant has been issued by the trial court.
“The Court takes judicial notice of the categorical pronouncement of President Duterte that Senator Trillanes will not be apprehended, detained or taken into custody unless a warrant of arrest has been issued by the trial court,” Guerra said, quoting the high court’s ruling.
“Thus, there is no extreme and urgent necessity for the Court to issue an injunctive relief considering that the respondents have acknowledged Senator Trillanes’ right to due process,” the high court added.
The high court added that the question of whether Trillanes has complied with the requirements to qualify for an amnesty or not is factual in nature, it will be best that the “Makati RTCs (Regional Trial Courts) 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 572.”
The Makati RTC Branch 148 handles the coup d’etat case against Trillanes and other Magdalo soldiers for the 2003 Oakwood mutiny while the Makati RTC Branch 150 is handling the rebellion case for the 2007 Manila Peninsula siege.
Meanwhile, the high court ordered respondents, through Solicitor General Jose Calida to submit a comment within 10 days.
While he failed to get relief from the SC, Trillanes is now considering going home on Tuesday night or Wednesday.
The senator warned those who would try to arrest him, despite the SC decision, that they could be charged with illegal arrest.
“Pinag uusapan namin (We’ve discussed this). We’re coordinating closely so I can do it tonight or tomorrow,” Trillanes told reporters shortly after the SC denied his petition to stop President Rodrigo Duterte’s proclamation.
But Malacañang said the government can now freely implement President Rodrigo Duterte’s proclamation that revoked the presidential amnesty granted to the senator and ordered his arrest.
“There is no legal impediment now to implement Proclamation 572. He had his day in court and he failed,” Presidential Spokesperson Harry Roque said in a Palace briefing on Tuesday.
Roque, however, reiterated the position of the President, who had earlier said he would wait for the issuance of an arrest warrant from Regional Trial Court against Trillanes.
“There is no legal impediment but the President has previously decided that he will await the action of the Regional Trial Court but I do not want to preempt the President on whatever position he may have now. But that was the last position of the President,” Roque said.
Asked if the military would arrest Trillanes after the SC ruling, Roque said, “Hindi po ibig sabihin ‘yun pero kung gusto, pupwede. Pero hindi po sinasabi na gagawin na. Wala nang balakid kung gustong arestuhin si Senator Trillanes pero hindi po sinsabi na ‘yun na ang mangyayari.”