Prominent Lawyer and UP Cum Laude says SC cannot intervene in Trillanes case

Dean Arturo M. De Castro, the Dean of the College of Criminology and Associate Law Dean and Bar Riew Director of the University of Manila, recently let out his thoughts towards the case of Senator Antonio Trillanes IV, and the recent revocation of his amnesty.


Atty. Arturo de Castro and Senator Antonio Trillanes IV / Photo from Facebook and Panay News

It was just recently the President Rodrigo Duterte declared that Trillanes’ amnesty that was granted to him by then President Benigno “Noynoy” Aquino IV, was void from the start due to not being able to find a government copy of his petition and files.

According to De Castro, Trillanes must not be granted relied from the Courts because he is escaping from his mistakes and violations of the law.

He adds that not only must the SC be stricter towards Trillanes, but also that it is proper that he be arrested warrantless because according to him, by continuing to refuse appearing in court and spreading is thought and influencing people, he is continually running away from the law.


 Senator Antonio Trillanes IV / Photo from Manila Times

De Castro cites Trillanes’ recent statement calling people, importantly the military, to revolt against Duterte and his administration.

He continues on to say that he only way for the Supreme Court to be involved with Trillanes’ case, he should initially be brought “within the jurisdiction of the authorities”.

Read his full post here:

“THE SUPREME COURT HAS NO JURISDICTION OVER THE PETITION OF TRILLANES FOR PROHIBITION, CERTIORARI AND INJUNCTION UNLESS HE SURRENDERS OR IS ARRESTED. by Dean Arturo M. De Castro

A fugitive from the law is not entitled to relief from the Courts, Thus, an appellant who jumps bail is not entitled to appeal his conviction (Sec. 8, Rule 124, Revised Rules of Criminal Procedure)
Warrantless Arrest is proper for Trillanes because he is continually committing the crime of inciting to sedition “by means of speeches, proclamations xxx or other representations xxx which tend to instigate others to cabal and meet together for unlawful purposes or which suggest to incite rebellious conspiracies or riots or which lead or tend to stir up people against the lawful authorities” (Article 142, Revised Penal Code)

His call on the people and the military to dismantle the Duterte Administration, coupled with his highly pretentious claims of support from the people and some segment of the military establishment allegedly furnishing him documents for his defense against the nullity of his amnesty clearly constitute the crimes of “inciting to sedition” under Article 142 of the Revised Penal Code.


 Senator Antonio Trillanes IV / Photo from Rappler

The operative fact is that there is an Order declaring his Amnesty void from the beginning. The spring cannot rise higher than the source. If the Amnesty is void, then the dismissal of the criminal cases based on void amnesty is equally void, and the Warrant of Arrest is ipso facto reinstated and legally stands. No double jeopardy attaches to a void judgment of dismissal.

Prescription does not run against the state. The issues on declaring void ab initio the Amnesty may be resolved by the Supreme Court only when Trillanes is brought within the jurisdiction of the authorities.

Trillanes is entitled to obtain judicial relief only if he submits to the jurisdiction of the Supreme Court by surrendering to the authorities or is arrested.”


Source: Atty. Arturo de Castro | Facebook

Prominent Lawyer and UP Cum Laude says SC cannot intervene in Trillanes case Prominent Lawyer and UP Cum Laude says SC cannot intervene in Trillanes case Reviewed by Taong Grasa on September 11, 2018 Rating: 5

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