I am in jubilation after the Makati City Regional Trial Court (RTC) Branch 150 deferred the issuance of an alias warrant of arrest and a hold departure order (HDO) against Senator Antonio Trillanes IV and set the motion filed by the Department of Justice (DOJ) for hearing on September 14.
Judge Elmo Alameda of Branch 150 said he will not issue a warrant of arrest and a hold departure order against Trillanes for the meantime since he needs to review the case.
Alameda noted that acting on the motion of the prosecution without hearing Trillanes’ side would be in violation of his constitutionally-guaranteed right to due process.
This has been the second time that the DOJ ordered Makati RTC to issue a warrant of arrest and travel ban to Senator Trillanes since the release of Proclamation No. 572 issued by the President revoking the amnesty granted to the legislator in 2011 as “void ab initio”. Makati RTC Branch 148 handled by Judge Andres Soriano earlier deferred the urgent ex-parte motion of Justice Secretary Menardo I. Guevarra.
The actions made by the two branches of the Makati Regional Trial Court means that the judges see the issuance of Proclamation No. 572 as unconstitutional, as what the Integrated Bar of the Philippines (IBP) stands for. As amnesty is granted by both Houses of Congress, a presidential directive to revoke or declare it as null and void from the very beginning would never be lawful. Unlike pardon that is awarded solely by a presidential issuance, amnesty can only be valid upon an approval of the majority of the Senate and the House of Representatives. It also reinstates the right to due process of Senator Trillanes and be free from any warrantless arrest.
Somehow, I was happy to know that the Judges Soriano and Alameda returned my faith to the justice system after the unconstitutional removal of Chief Justice Maria Lourdes P.A. Sereno in the Supreme Court and installing her main and bitter rival/accuser Justice Teresita J. Leonardo-de Castro as the her successor. At least there are some judges who are brave enough, like Sereno, to defer any directive to bestow powers in a manner that is totally unacceptable to our present-day Constitution.
The fight still continues. Our resistance to the political and self-motivated acts of this government will never be silenced, as democracy demands dissent.
Comments