Makati RTC denies Trillanes MR over amnesty application issue

Makati RTC denies Trillanes MR over amnesty application issue

The new year has not greeted Senator Antonio Trillanes IV with a good news.

Makati Regional Trial Court Branch 150 under Judge Elmo Alameda has denied Trillanes motion for reconsideration over his arrest following the revocation of his amnesty.

Senator Antonio Trillanes IV (photo credit to abs-cbn)

In a 6 page order dated Dec. 18, 2018, Alameda stood by his September 25, 2018 ruling.

“Sen. Trillanes was not able to prove through testimonial and documentary evidence that he filed his application for amnesty nor expressly admitted his guilt in the application form for the crime he committed during the Manila Peninsula incident which are the minimum requirements set forth under Proclamation No. 75,” Judge Alameda said.

Alameda cited a cardinal rule in the rules of evidence where a party who alleges a fact has the burden of proving it in court.

“Records will clearly show that Sen. Trillanes failed to establish the existence of the official copy of the amnesty application form which is the primary evidence required as proof of its filing with the DND Ad Hoc Amnesty Committee,” he said.

“Sen. Trillanes’ inability to present the official original copy duly stamp marked received or even a photocopy of the application form bars him from proving the alleged contents thereof. The rule requires that the highest available degree of proof must be produced by him to prove the contents thereof especially his claim that he made a narration of his admission of guilt of crime subject of the application for amnesty,” the Judge added.

Alameda made himself very clear in stating that no other evidence should be admitted  other than the document itself and the senator could not claim any exception to the rule since no evidence was presented that the accomplished application form exists in the files of the DND Ad Hoc Amnesty Committee.

“Unfortunately, Sen. Trillanes failed to prove that the original of the alleged application form exists. Sen. Trillanes even failed to explain his failure to locate or find the copy thereof. He also failed to prove the contents of his application,” he said.
The court, Judge Alameda added, could not also presume Senator Trillanes submitted his application.

Charge of Rebellion, Trial to Continue

In Judge Alameda’s ruling, the Makati RTC 150 is set to continue receiving evidence from the prosecution.

Alamade sis not nullify Proclamation No.75 , which was the basis of President Aquino III’s grant of amnesty to Trillanes and his colleagues, but only ruled on the existence of factual and legal bases for the issuance of Proclamation No. 572 by Pres. Rodrigo Duterte, which revoked the amnesty granted to the opposition senator.

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Report from ABS CBN

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