MANILA -- The trial of opposition senator Antonio Trillanes IV before a Makati Court will proceed as the Court of Appeals (CA) turned down his plea to stop his indictment for rebellion.
In a resolution dated March 18, the CA's Ninth Division through Associate Justice Apolinario D. Bruselas Jr. denied the application for a temporary restraining order (TRO) filed by Trillanes’ counsel.
"We may not temporarily restrain or preliminarily enjoin the prosecution of the criminal action for rebellion at this stage because to do so would be to grant the principal prayer for certiorari without the benefit of hearing," the CA ruled.
Associate Justices Myra V. Garcia Fernandez and Geraldine Fiel Macarang concurred with the decision.
The CA also gave the Department of Justice 10 days to comment on the resolution and five days for Trillanes to reply to such comment.
Meanwhile, the Makati City Regional Trial Court (RTC) Branch 150 reset Trillanes' hearing from March 20 to May 27.
In an order dated March 18, Judge Elmo Alameda granted the request of Trillanes' counsel Reynaldo Robles to defer the hearing, citing that he has a previous commitment to appear in another trial.
Robles also serves as defense counsel of former Bureau of Corrections chief Franklin Bucayu, one of detained Senator Leila de Lima's co-accused on drug charges filed before the Muntinlupa RTC Branch 256.
In September last year, Alameda issued a warrant of arrest against Trillanes for rebellion over his involvement in the 2007 Oakwood mutiny.
The reinstatement of charges came after President Rodrigo Duterte signed Proclamation 572 which declared the former Navy Lt. Senior Grade’s amnesty as void ab initio (from the beginning). (PNA)
