A REGIONAL judge yesterday trashed the justice department’s motion for the issuance of an arrest warrant and hold-departure order against Sen. Antonio Trillanes IV.
“Wherefore, premises considered, the prosecution’s Very Urgent Ex-Parte Omnibus Motion for the Issuance of Hold Departure Order and Alias Warrant of Arrest against accused Antonio F. Trillanes IV is denied due course,” reads part of Makati Judge Andres Bartolome Soriano’s ruling.
Soriano based his decision on the doctrine of immutability of judgment in denying DOJ’s motion for the crime of coup d’état.
Soriano said court records show that the coup d’état case against Trillanes was dismissed on Sept. 21, 2011.
The dismissal, he added, was “final and executory.”
Soriano however upheld the constitutionality of President Duterte’s prerogative to issue Presidential Proclamation 572 that voided the amnesty of Trillanes
“Given its findings, both on the legality of Proclamation no. 572 and its factual bases, the Court finds no reason to disturb the doctrine of immutability of a final and executory judgment,” Soriano’s decision reads in part.
The court earlier ruled to deny outright the admission of two exhibits marked “9” and “12,” which are printouts of the Facebook page of the Department of National Defense and printouts of “throwback” photographs of Trillanes. “The court notes the same and hereby denies admission of the said exhibits considering that it was never presented and identified any defense witness in court, nor did they form part of the official records of the court,” it said.