Statement of Senate Minority Leader Franklin M. Drilon

On resurrection of cases and issuance of arrest warrant against Sen. Trillanes

We maintain that there is no basis in law and in fact for the resurrection of cases and the issuance of warrant of arrest against Senator Antonio Trillanes. The cases were validly and legally dismissed seven years ago by virtue of the amnesty that was given to Sen. Trillanes and the validity of which was ruled upon by the same courts. The decisions in these cases have already attained finality.

It is the Supreme Court that can rule on this issue and it should decide on this case with urgency given its effects on the stability of our judicial system.

On whether Senate can take recognizance of Senator Trillanes

RA 10389 now defines recognizance as a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty. Also, under Section 7 (g) of the said law, the circumstance that Senator Trillanes has pending criminal case for rebellion, which carries the same penalty of reclusion perpetua as that of coup d'etat, shall be a valid ground for the court for disqualifying him from availing of recognizance.

Senator Trillanes may still file a petition for bail with the court. Where the imposable penalty for the offense is reclusion perpetua, as it is for coup d'etat, the grant of bail is discretionary on the court.

On whether the Supreme Court should rule on the constitutionality of Proc. 572?

The Supreme Court, as the final arbiter of justice, should rule on the constitutionality of Proc. 572 as soon as possible. I am confident that the Supreme Court will uphold the rule of law and decide against Proc. 572.