Amnesty; " The constitutional issue: can the President revoke amnesty granted by a predecessor and concurred in by Congress? Also, if oral arguments are pushed to October, will there be a new chief justice by then? This could shape the outcome of events with Justices Antonio Carpio, Diosdado Peralta, and Lucas Bersamin – the most senior in the Court – emerging as appointment options for Duterte."

See - https://mailchi.mp/d35f79732772/philippine-political-storms-653501?e=b8a759c323


"x x x.


Can courts reopen a closed case?

In the case of Branch 148, the 2003 coup charges against Trillanes had been dismissed in September 2011 by Judge Rita Bascos Sarabia in accordance with the amnesty granted to him and other mutineers by then-president Benigno Aquino III. For Soriano, who has taken over from Sarabia, the question is whether “the docket can be reopened or not.”

Soriano had declared his court can accept evidence from Trillanes to establish he had complied with the requirements for amnesty. How long this process will take remains to be seen.

On Friday, September 14, Branch 150 under Judge Elmo Alameda will also hear the DOJ’s motion for the issuance of an arrest warrant in relation to the 2007 Manila Peninsula siege. Not doing so, according to Alameda, would prejudice the right of Trillanes to due process.

Lawyers have been emphatic that reopening the two closed cases will be tantamount to double jeopardy. Do the Makati judges think the same way or can they be convinced otherwise? We can only guess.




WAITING. Senator Antonio Trillanes IV is caught between the Supreme Court and the Makati Regional Trial Courts. Photo of Trillanes by Angie de Silva/Rappler


Scenarios

So what if the two lower courts do not grant the DOJ’s requests for immediate arrest warrants, what can prosecutors do? Any of the following scenarios could unfold.

1. Continuing crime. Ever heard of rebellion as a “continuing crime?” Solicitor General Jose Calida, a man who will follow the President’s bidding to nail down Trillanes, may opt to follow that trail.

During oral arguments in June 2017 on martial law in Mindanao, Calida was asked about evidence of rebellion outside Marawi City that would justify martial law in Mindanao. He defined rebellion as a “continuing offense.”

As such, a warrantless arrest for the crime of rebellion would be allowed even without martial law.

Apply this to the present situation and the possibilities especially under this administration can be alarming.

Former Supreme Court Associate Justice Consuelo Ynares-Santiago, however, specified in a separate opinion on the 2003 Oakwood mutiny that rebellion as a continuing crime “should be applied to its proper context i.e., relating to subversive armed organizations, such as the New People’s Army, the avowed purpose of which is the armed overthrow of the organized and established government. Only in such instance should rebellion be considered a continuing crime.”

Question is, how far are Calida and the gang willing to stretch rebellion as a crime? Will Branch 150 be swayed by them?

2. No immediate RTC decisions. The courts could say they would rather wait for the Supreme Court’s final ruling on Duterte’s Proclamation 572, and pass the ball back to the High Court. Or just follow legal procedures. This means Trillanes will have to wait awhile and he will be constrained to go defensive.

3. Supreme Court weighs comments, calls for oral arguments. With the lower courts and the High Court passing the ball, and the President declaring that no arrest will happen without proper arrest warrants from RTCs, urgency is gone and the SC could call for oral arguments. The constitutional issue: can the President revoke amnesty granted by a predecessor and concurred in by Congress? Also, if oral arguments are pushed to October, will there be a new chief justice by then? This could shape the outcome of events with Justices Antonio Carpio, Diosdado Peralta, and Lucas Bersamin – the most senior in the Court – emerging as appointment options for Duterte. (READ: By 2022, Supreme Court filled with Duterte appointees)

4. Trillanes arrest. The feared ending. How this will play out – given rising inflation, rising prices, and rice supply issues – is subject to endless speculation.

What do you think? Do share your thoughts and keep in touch!

Meanwhile, here are stories you shouldn’t miss:

Still no warrant for Trillanes. Trillanes buys more time from 1st Makati court
Duterte takes charge. Duterte to lead command conference on Typhoon Ompong
Typhoon watch. 16 areas under Signal No. 1 due to Typhoon Ompong (Mangkhut)
Who is Makati Judge Andres Soriano?
Who is Makati Judge Elmo Alameda?

x x x."

x xx ."