Court denies Trillanes plea for bail, grants motion to vote on May 14

By Ronron
May 10, 2007

A Makati City court denied the request of former Navy officer Antonio Trillanes IV to post bail, stressing there is strong evidence against him as leader of the 2003 Oakwood Mutiny, but granted, nonetheless, his petition to cast his vote on election day.

In a nine-page order dated May 9 but released only yesterday, Judge Oscar Pimentel of the Makati City Regional Trial Court Branch 148 said an earlier ruling on the same issue on July 8, 2004 stated that Trillanes is among those found with strong evidence of guilt for the crime of coup d’ etat, thus he cannot be granted bail.

“A belated grant of bail to accused Trillanes will certainly set a bad precedent for criminal law and procedure jurisprudence, and undoubtedly, will send the wrong signal to the public that the mere expedient of filing a certificate of candidacy for Senator automatically vests a high-profile accused charged a non-bailable, capital offense with instant special privilege and treatment,” Pimentel said.

In his motion, Trillanes pleaded that he be granted to post bail in the amount of P100,000 so he could campaign for his Senatorial bid.

The former officer, with a rank of Lieutenant Senior Grade, is running under the Genuine Opposition ticket.

A fellow accused in the same case and also fellow senatorial candidate, Gregorio “Gringo” Honasan, was earlier allowed by the same judge to post bail since he was only charged as a co-conspirator, and not as leader.

Citing the Revised Penal Code, Pimentel explained on Honasan’s case that only those charged as leaders of coup d’ etat may not be granted bail because the crime is punishable by reclusion perpetua, while a co-conspirator may only be punished with reclusion temporal.

The case against Honasan has yet to be heard in court while that of Trillanes and his fellow 28 officers and two former enlisted personnel is now midway through the trial, the prosecution having already rested its case.

The delay in the case against Honasan is because it was only filed in court in February 2006 by the DOJ.

In the allegation, Honasan allegedly served as the supremo of the mutineers, who called themselves Magdalo soldiers.

Meanwhile, as to Trillanes’ request to leave his detention cell on May 14 so he could cast his vote, Pimentel found no reason to deny it, especially that there is no opposition from the prosecution.

“The Motion of Accused Trillanes to Vote in Caloocan City on the May 14, 2007 elections at Precinct No. 0687B, Barangay 169, B.F. Homes Phase I, Deparo, Caloocan City … is hereby granted,” Pimentel said.

Pimentel set conditions that Trillanes should leave the Philippine Marine Brig where he is detained at 9 am of May 14 and should be back by 12 noon.

He should also be escorted by an adequate force from the military going to and from his precinct, and that that there should be no other itinerary.

“Accused Trillanes is directed by this Court to refrain from discussing the merits of this case with members of the press, avoid any form of election day campaigning and from issuing inflammatory and seditious statements against the government,” Pimentel said.

He directed the lawyer of Trillanes to submit a written manifestation to the court within 24 hours after the accused finished voting./DMS