Monday, October 22, 2018

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



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