Makati court denies Trillanes’ motion to gain media access

By Ronron
March 7, 2007

A Makati City court denied the motion of resigned Navy Lt. Sr. Grade Antonio Trillanes IV to gain media access during the campaign period for the May 14 elections where he is participating as a Senatorial candidate of the Genuine Opposition.

Judge Oscar Pimentel of Makati Regional Trial Court Branch 148 said in his four-page order released Wednesday that Trillanes has to yield to matters “of public concern and interest, which, in this case, are the internal rules of the Marine Brig, where he is detained, and the proceedings of the court, which prohibits subjudice statements.

“Wherefore, premises considered, finding no merit in the Motion for Leave of Court (to Grant Reporters and Other Media Practitioners Free and Full Access to Interview Accused Trillanes at his Place of Detention), the same is hereby denied,” Pimentel wrote.

Trillanes and 30 others are undergoing trial at the sala of Pimentel for the charge of coup d’ etat in relation to their takeover of the Oakwood Hotel in Makati City last July 27, 2003.

He is also facing an Article of War violation charge before a military tribunal over the same incident.

“The accused-movant (Trillanes) knows for a fact that unlike the other candidates, he has a pending case in this Court and he is detained at the Marine Brig,” Pimentel said in the order dated March 5, 2007.

“Noteworthy is the fact that the Marine Brig (at Fort Bonifacio, Taguig City) is housing several other accused in this case and the custodians therein also have to undertake the security, safety and welfare of the other detainees and not only that of the accused-movant,” he added.

Pimentel also said that while he “manifested his willingness to grant the accused his time with the press, the same is not absolute.”

“Insofar as the Court proceedings are concerned, the Court remains steadfast that it cannot permit any circumstances or any statements, which would constitute as subjudice… It took the prosecution almost four years to present its evidence and the Court does not wish to prejudice all such proceedings by reason of public statements,” he said.

“There are questions and answers which might constitute subjudice statements which would eventually jeopardize the proceedings in this Court,” he added.

The Judge maintained that he recognizes the right of Trillanes to run and campaign, in fact “the court gave its nod to file his candidacy” as a “testament that his innocence and other Constitutional rights are (upheld) by the Court, at present.”

“But such rights has its limitations. In fact, even the other candidates are campaigning and their campaign should also comply with the existing laws, jurisprudence, and implementing rules of the Commission on Elections. Hence, all candidates are similarly situated,” Pimentel said.

Trillanes filed his candidacy for Senator last February 6. Because of that, under the law, he was deemed resigned from the Armed Forces of the Philipines (AFP)./DMS