Tuesday, September 25, 2018

Makati Judge brushed off Trillanes: "The case can be revived because its dismissal was void in the first place."



Judge Elmo Alameda and Senator Antonio Trillanes. Image credit to Inquirer and GMA Network
Makati Judge Elmo Alameda of Makati Regional Trial Court's (RTC) Branch 150 had admittedly said that Senator Antonio Trillanes had failed to meet the basic minimum requirements for amnesty on the September 2011 decision of the rebellion case. 


Based upon the order of Makati RTC Judge Elmo Alameda granted the ex-parte motion of the prosecution for the issuance of a subpoena duces tecum to Marissa. Image and caption credit to PhilNews.XYZ
Alameda said that he agree with President Rodrigo Duterte's proclamation 572 declaring as void ab initio or nullified the amnesty given to Trillanes by former President Benigno Aquino III in November 2010 because Senator Trillanes failed to meet the basic requirements of amnesty which is filing of an application form and the admission of guilt.

"The order... being a void order, it has no legal and binding effect, force or efficacy for any purpose. In contemplation of law, the order dated September 7, 2011 is non-existent and therefore cannot attain finality," Alameda said.

"As can be gleaned from the answers given by the counsel of Sen. Trillanes, it has now become glaringly clear that Sen. Trillanes failed to substantiate his claims that he filed his application for amnesty," he added. 


Duterte revokes Trillanes amnesty, orders his arrest. Image credit to Inquirer

Trillanes amnesty copy. Image credit to CNN Philippines
The judge said that Trillanes failed to supply "official copy" of the application form to document and witness affidavits to support his claim that he did apply for amnesty. 

Even former Defense Secretary Voltaire Gazmin had an "erroneous belief" that Trillanes had filed the requirements when the Senator was issued a certificate of amnesty.

"Evidently, he failed to present the original hard copy, a duplicate copy, or even a photocopy showing that he personally accomplished and filed with the DND Amnesty Committee his Official Amnesty Application Form duly acknowledged and stamp marked received by said office," the judge wrote.

"Such substitute documents must be disregarded, being barren of probative weight to prove compliance by Senator Trillanes of the minimum requirements set forth in the rules and procedures in the processing of amnesty application pursuant to Proclamation No. 75 Series of 2010," he added.


Judge Alameda said Trillanes failed to present "primary evidence" to prove that he filed an application for amnesty before the Department of National Defense's Ad Hoc Amnesty Committee and the senator cannot produce a copy of his amnesty and admits "violating some rules" but not to mutiny and coup d'etat.

Even Though Trillanes had posted a bail of P200,000 to secure his temporary liberty, the senator is still liable to face his non-bailable case of coup d'etat.

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Source: GMA