Tuesday, October 23, 2018

After The Junking Of Trillanes’ Arrest Warrant, What Will Be The Government’s Next Move?

October 23, 2018
Sen. Antonio Trillanes IV, photo from Manila Bulletin
Amid the denial of the Makati RTC Branch 148 to the request of the Department of Justice’s motion to arrest senator Antonio Trillanes IV, people are left wondering what other moves does the government have in its sleeves.

Pyrrhic Victory

Malacanang is confident that this is not the time for the Trillanes camp to celebrate. The palace said that this is nothing but a “pyrrhic” victory for the senator. According to the dictionary, a pyrrhic victory is one that is tantamount to a loss.

According to Solicitor General Jose Calida, the case will be elevated to the Court of Appeals to reverse the ruling of the lower courts. The SolGen will not file a motion for reconsideration and would immediately go to the Court of Appeals.
Photo from GMA News
Far From Over

Senator Trillanes welcomed the decision made by Makati RTC branch 148, and praised Judge Andres Soriano for upholding the law, but according to Presidential spokesman Salvador Panelo, the legal battle of Trillanes is far from over.

The Makati RTC indeed rejected the DOJ’s request for an alias warrant for the senator, however, it also ruled that the proclamation 572 was valid. According to Panelo, the validity of the proclamation is more important.

“It’s more a pyrrhic victory because if you noticed the court decided that the proclamation issued by the President is valid. They are claiming at the time the President does not have to power to void any amnesty. The court says he has,” the spokesman said.

Not The Final Word
Photo from News5
Meanwhile DOJ Secretary Menardo Guevarra said that branch 148 decision on the matter is not the final word.

“Were sending warning signals to other potential rebellion, sedition and coup d’ etat plotters, the Makati RTC Branch 148 order is not the final word on the matter. Any other judge could have appreciated the same evidence differently, like branch 150.”

Here are some of the netizens’ reactions:

Source: news.mb.com.ph | News5 | GMA News

Int’l political commentator believes Trillanes will still be jailed: Your jail cell is waiting for you

October 23, 2018
Sen. Antonio Trillanes IV, photo from UNTV News and Rescue
The status quo of Philippine politics isn’t just known to Filipinos but to international media as well. A Canadian political commentator shed some light on the issue and a little background of Judge Andres Bartolome Soriano of Makati Regional Trial Court Branch 148.

Canadian political scientist 

Amir Assadollahi isn’t an expert on Philippine government but is able to see clear perspectives on how politics works. On his post, he says,

“Your jail cell is waiting for you.” pertaining to Trillanes.
Amir Assadollahi, photo from LinkedIn
He even enunciates that the senator is being blinded of his ego. Though he didn’t intend to make conclusions on the next thing that will happen on the senator’s case, he reiterates that the decision of Branch 148 stirs more questions than answers.

The “Padrino”

Assadollahi gives another perspective and idea about Judge Soriano who junked the motion of Department of Justice to release arrest warrant and hold departure order for Senator Trillanes for the latter’s rebellion case. With a tradition called “Padrino” that still runs in the government, how sure are Filipinos that a fair game in the politics and much more in the Judiciary system is achieved?

Who is Judge Soriano?

Judge Soriano is appointed by former president Aquino III on March 27, 2012. On 2010, he was one of the candidates for Supreme Court administrator which Midas Marquez won the slot. In 2002, the 62-year old judge faced an administrative complaint from a defense counsel for exhibiting bias on hearings. Whereas, the Supreme Court Third Division decided to clear Soriano. This raises another set of questions of who is the presiding judge at the time, what is the case all about, and how the court decided on the case. Moreover, the defense lawyer who complained against Soriano was warned of using abusive, offensive, and improper use of language.

Handled cases 

The Canadian political commentator shared Judge Soriano’s high profile case of convicting an IT firm’s president, Cytronic International Inc. for not fairly remitting its employee’s SSS contributions. Other than that, nothing follows.

Amir sets out something for journalists to find out in the questions if there are cases that Soriano have passed, dismissed, or blocked that are questionable. This raises more questions about judge’s past decisions on cases he handled.

On the other hand, the judge is bound to retire on November 30, 2026.

Read full post below:

Ummmm! Makati City Regional Trial Court (RTC) Branch 148 Judge Andres Bartolome Soriano! (Top left photo)

I See More Questions Than Answers - I think Trillanes is premature to smile. In a game of chess, not all moves can be predicted as direct move. I am not a legal expert in the Philippines, but a pretty good profiler that can predict multiple scenarios. This is not over Mr. Trillanes, your jail cell is waiting for you, and you are falling into a whole, but you are too blinded by your ego that you cannot see it. When I look at Judge Soriano, I keep coming up with more questions that I cannot answer, and see it as if there is a greater game is at play, and yet I do not want to prematurely judge things on that regard, but somehow where you are going no matter which move is being played is very clear, and you are not seeing it shows how shortsighted you are that has been proven more than once in your political and military career.


A simple Q&A may not shed lights of things, but certainly widens the eyes to see things from a different angle and new perspective!


A Simple Q & A


Q: Was he an appointed judge by Aquino III?

A: “Soriano was appointed to the Makati RTC Branch on March 27, 2012 by then president Benigno Aquino III.”

Q: Does/Did he have any political ambitions?

A: “In 2010, Soriano was among the contenders for the position of Supreme Court (SC) administrator, according to a Newsbreak report. The position, however, eventually went to Midas Marquez.”

Q: What was his role in the past?

A: “The 62-year-old Soriano was previously the presiding judge of Malolos RTC Branch 13 in Bulacan. “


Q: Which cases did he dismissed, blocked or passed that could be said are/were questionable?

A: “That is a dig for journalists!” I wonder what will come out when you dig those graves up - don’t you, or is this just a bit of game to set precedence for other things to come?! I see more questions coming up!

Q: Was there any cases against him?

A: “In 2002, a defense counsel filed an administrative complaint against Soriano for allegedly exhibiting bias during hearing. The Supreme Court (SC) Third Division cleared Soriano, and warned the complaining lawyer against “using language which is abusive, offensive or otherwise improper.” - Who were the judges of the SC that cleared Soriano and what was the case and are there any other cases like that?! (More questions!)

Q: Are there any high profile case that he handled?

A: In 2016, Soriano convicted the president of IT firm Cytronics International Inc (CII) for failing to remit the Social Security System (SSS) contributions of its employees. (https://www.sss.gov.ph/sss/appmanager/viewArticle.jsp… )

Q: How many more years does he have as a judge?

A: “Soriano is set to retire on November 30, 2026.”

Q: Could his judgment somehow have anything to do with his retirement plans as a judge on this high profile case? 

A: we have to wait so many years before knowing the answer to that, and by then perhaps it is too late to regret I guess!

The only thing is to wait and see, and watch how the wheel is turning!


(Commentary on News: https://www.philstar.com/…/no-arrest-sen-antonio-trillanes-… )


Amir Assadollahi


A Canadian Political Scientist/Commentator


Source: Amir Assadollahi

Monday, October 22, 2018

Makati RTC Judge Who Dismissed Request To Arrest Trillanes Is An Aquino Appointee

October 22, 2018
Makati RTC Judge Who Dismissed Request To Arrest Trillanes Is An Aquino Appointee
Judge Andres Soriano and Noynoy Aquino
The motion to grant a warrant of arrest against Senator Antonio Trillanes by the government to the Makati RTC was junked by Makati RTC Branch 148 Judge Andres Bartolome Soriano.

To start off, let’s be clear that the warrant of arrest being asked for is just an alias warrant to arrest Trillanes and hold departure order to keep him from leaving the country while the Oakwood Mutiny will be tried.


But he dismissed the request because he believes that what he has is a unique case and he needs to listen to both parties.

“It’s just the need to listen to both parties. The case is not exactly standard, it’s unique in itself, so you have to listen to everybody.”

Questions are being raised

As he dismissed the request, questions are rising as to who and where did Judge Soriano come from.

A look at his past credentials reveal that he was appointed by former president Noynoy Aquino to Makati RTC brach on March 27, 2012.

Did not handle the Oakwood case

During the time when the Oakwood Mutiny was done by the Magdalo group to oust the then president Gloria Macapagal Arroyo, Soriano admitted that he did not handle the case.


He was appointed right after the amnesties were granted. He only handled former army first lieutenants Lawrence San Juan and Rex Bolo whom he convicted because they did not avail of the amnesty like Trillanes did.

“These things happened 2012, I assumed office in 2012. The only thing I handled was the decision pertaining to (San Juan and Bolo) because they are the only two who did not avail of the pardon or amnesty.”

Therefore...

Therefore, this has proven two things - Soriano was appointed by Aquino, and he did not handle the Oakwood Mutiny case.

Atty Jesus Falcis’ take on why “Trillanes Won”, but did he?

October 22, 2018
Atty Jesus Falcis and Senator Antonio Trillanes
In a teleserye-like event that had all eyes of Filipinos watching, a live feed in the Senate was shown this afternoon as Makati Regional Trial Court (RTC) Branch 148 Judge Andres Soriano junked the motion of the Department of Justice (DOJ) to issue an arrest warrant against Senator Antonio Trillanes.

A Dilawan lawyer’s explanation

In a post jumping into the bandwagon of the hottest issue today, Jesus Falcis gave a summary on what he thinks are the reasons why “Trillanes won” and the motion got dismissed.

Fake evidence

According to Falcis, the first reason why the motion was dismissed is that the court does not believe in the evidence that was presented by the government.

Falcis maintained that the evidence that Trillanes showed, which were the video that he applied for amnesty and the affidavits of the process.

Singling out

The second reason, according to Falcis on why Trilanes won is that Duterte can only take back and null an anesty if it was not filed, but it was.

He also added that the amnesties of the other soldiers that Trillanes was with during the coup de tat are in tact and valid because the president’s Proclamation 572 is allegedly meant to single out Trillanes only.

Big chance of losing

To add to all his explanations, he also said that there is a big chance that President Duterte and Calida will lose when they bring this up to the Supreme Court. His reason is that Established facts in lower courts are binding and will be followed by the Supreme Court.

He also said that Trillanes can not be arrested anymore by the PNP or AFP without a warrant of arrest. If they have no warrant of arrest then there will be no court martial proceedings.

Read full post below:

SUMMARY OF WHY TRILLANES WON

1. Bakit dinismiss ng RTC Branch 148 ang motion to issue a warrant of arrest against Trillanes?


- Hindi naniwala ang Judge sa ebidensya ng gobyerno. Mas kapani-paniwala daw ang ebidensya ni Trillanes: (1) Affidavits ng mga nag process ng amnesty nya at (2) Videos ng pag apply nya ng amnesty.


- FACT: Ayon sa Korte, fact or katotohanan na nag apply si Trillanes.


- THEREFORE, valid ang amnesty ni Trillanes. Tama ang dismissal order nuon. Kaya case closed, it cannot be reopened (doctrine of immutability of judgment).


2. Bakit hindi pinawalang bisa ni Judge ang Proclamation ni Duterte?


- Dahil pwede bawiin ang amnesty kung totoong hindi nag apply. Kaso, nag apply.


- Hindi din daw invalid ang amnesty ng ibang mga sundalo na kasama ni Trillanes. Si Trillanes lang ang puntirya ng Proclamation 572. Yun nga lang, iyak pa din si Duterte at Calida.



3. Ano impact ng decision na eto sa kabuuan?


- Hindi pwede arestuhin si Trillanes ng PNP or AFP. Walang warrant of arrest, walang pwedeng court martial proceedings.


- Sa Supreme Court, mukhang maniniwala ang SC sa lower court o RTC na totoo ngang nag apply si Trillanes. Established facts in the lower courts are binding on the Supreme Court.


- ERGO, malaki chance na matalo si Duterte at Calida sa Supreme Court.


Ilabas ang mga tissue para sa mga umiiyak na DDS. 😭😭😭


#TrillanesWinsRound2


Source: Jesus Falcis Blog

Sunday, October 21, 2018

The case of Atty Jesus Falcis’ brother who allegedly stole millions from Kris Aquino —reports

October 21, 2018
Atty. Jesus Falcis, Nicko Falcis and Kris Aqiuno
People are wondering how Atty. Jesus Falcis has the audacity to lambast actor Aga Muhlach yet he is so silent on the case of his brother Nicko Falcis, who was the one who allegedly defrauded actress Kris Aquino of her millions worth of her savings.

Nicko Falcis


Nicko Falcis and Kris Aquino
Actress Kris Aquino is now in the middle of a legal skirmish. She posted on instagram addressed to her followers that she was betrayed by someone she trusted, which caused her to lose weight due to the stress it brought upon her.


While she did not specifically name the person due to legal constraints, sources that are close to the actress pointed to her financial consultant and manager, Nicko Falcis.

A report from bilyonaryo.com.ph

A report from Gulf Times
He was the one who manages KCAP, one of Kris Aquino’s business venture. He allegedly stole more or less 50 million from KCAP and from the other businesses that the actress entrusted to him.
Nicko Falcis, photo from his Facebook
Jesus Falcis
Incidentally, the controversial lawyer Jesus Falcis, is Nicko Falcis’ brother. The very same lawyer who lambasted Aga Muhlach who just spoke his mind when asked about senator Trillanes. He told Muhlach to stop meddling with politics since he is just an actor.
Atty. Jesus Falcis
Unfortunately, the poor Jesus Falcis just opened a can of worms. He was mobbed by the netizens for his audacity to criticize Mr. Muhlach for all the wrong reasons.

He championed the freedom of expression when he openly criticize the Duterte administration yet he lambasted Muhlach for doing the same.

He defended Trillanes by saying that the senator is just protecting the country from corrupt officials yet he did not acknowledge the corruption charges hurled against Trillanes.

He was so outspoken on all things against Duterte but he is very silent on the issue of his brother Nicko, who allegedly betrayed Kris Aquino and stole 50 million from the actress.

Here are some of the netizens comments:

Source: bilyonaryo.com.ph | gmanetwork.com | gulf-times.com