& # 39; The chaos that may result from the attempts to get Senator Trillanes & # 39; justice to ironically, undermines our systems & # 39 ;, says the Integrated Bar of the Philippines
MANILA, Philippines – The integrated bar of the Philippines (IBP) called the Ministry of Justice (DOJ) for what they & # 39; in an attempt to get two courts in Makati City to order the arrest of the opposition to Senator Antonio Trillanes IV.
The DOJ filed two motions for an arrest warrant within four days of each other for departments 148 and 150 of the regional court of the Makati District Court (RTC).
"An apparent act of forum shopping, IBP condemns the possible disaster in which we subject the judiciary to an abnormal situation in which one court respects the validity of the amnesty, while the other declares the invalidity invalid," said the Board of Directors of the IBP in a statement on Monday 10 September.
Two cases against Trillanes were filed before the Makati RTC: coup d'etat at Branch 148 on the 2003 Oakwood mutiny and rebellion at Branch 150 during the siege of the Manila peninsula in 2007. Both cases were rejected in September 2011 because of the amnesty Trillanes had received from former President Benigno Aquino III.
"The arrest and imprisonment of Senator Trillanes for offenses that are dismissed by amnesty is a heavy burden on the constitutional guarantee against double threat that no one will be forced to respond twice for the same offense", said the IBP.
The events on 4 September after the publication of President Rodrigo Duterte's proclamation No. 572 to destroy the amnesty of Trillanes mixed the DOJ for his old records.
The Justice Department was mistaken for the first time and filed a motion on 4 September for an arrest warrant at Branch 148, based on a decree announcing the December 2010 order. With the help of this order, the DOJ said that the cases were only suspended and were not rejected. (READ: TIMELINE: No gaps, withdrawals in the murder of Trillanes)
As the data show, the cases were rejected and not suspended. Tak 148 finally had the opportunity to hear the motion for an arrest warrant, after which the DOJ sought the same resistance at Tak 150.
"The chaos that can result from the striving to get Senator Trillanes to" face justice "ironically undermines our systems that enable an orderly administration of justice," said the IBP.
There are legal provisions that determine forum shopping, one of which is when you share information and submit it for different courts to increase your chances of a favorable ruling.
But this is a very peculiar situation, as DOJ has not split the information; it happened that there were two courts dealing with an indictment at two different times in connection with the amnesty.
Even Branch 148 Judge Andres Bartolome Soriano said that there is no jurisprudence to use as a basis, so the case will have to be studied further.
Ultimately it is Soriano and Branch 150 Judge Elmo Alameda who will judge and decide, unless the Supreme Court takes note of the case and makes a superior statement.
The IBP called on the courts to resist "opposition to collateral against its judgments and insidious raids on its independence."
"Amnesty, once granted, can not easily be solved by calling the words" void ab initio "as if it were a magical spell that could nullify acquired rights", said the IBP. – Rappler.com