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SC affirms Trillanes ban from Senate

by Tetch Torres
Inquirer.net

It’s final. Senator Antonio Trillanes cannot attend official functions and receive members of his staff in his detention cell in Fort Bonifacio, Taguig, the Supreme Court has ruled.

In its two-page resolution, the high court dismissed the bid by fellow opposition Senators Aquilino Pimentel Jr., Benigno Aquino III, Rodolfo Biazon, Panfilo Lacson, Loren Legarda, Ana Consuelo “Jamby” Madrigal and Manuel Roxas II to allow him to attend Senate sessions and perform his duties as senator.

The high court said the senators’ petition was moot since the matter was decided on with finality last June 27.

The high court has affirmed the decision of Judge Oscar Pimentel of the Makati city regional trial court, saying that Trillanes is a flight risk.

Citing the Rules of Court, the high court said that no person charged with a capital offense or offense punishable with reclusion perpetua (20 years and 1 day to 40 years imprisonment) shall be admitted to bail when evidence of guilt is strong regardless of the state of the criminal action.

The high court denied Trillanes’ assertion that he was not a flight risk since he voluntary surrendered to authorities and was even allowed to travel outside his place of detention.

However, the Nov. 29, 2007 incident at the Manila Peninsula Hotel in Makati showed him to be a flight risk, the high court said.

Besides, the high court said no oral argument was allowed in motions, especially in decisions that have been ruled on with finality.

Published inMagdaloMilitary

63 Comments

  1. Statement of Sen. Benigno Aquino, Jr.:

    Elected officials owe the legitimacy of their office, first and last, to the people they are sworn to serve.

    The ballot is not jsut a mere scrap of paper. It is both a testament of the people’s right and a source of public obligation for the elected representative.

    We respect the Supreme Court’s decision to deny an elected senator to discharge his functions. But we cannot deny that this decision has now effectvely disenfranchised the millions of Filipinos who voted for Sen. Trillanes, doing them all a grave injustice.

  2. rose rose

    may we knnow how each of the justices made their decisions?
    just tiis lang ba para sa mga tao who voted for him? walang hiya talaga ang mga ito!
    God is just!

  3. rose rose

    may we knnow how each of the justices made their decisions?
    just tiis lang ba para sa mga tao who voted for him? walang hiya talaga ang mga ito!
    God is just!

  4. kabute kabute

    In the statement of Sen. Aquino, his end quote states “…doing them all (11 million Filipino voters) a grave injustice.” Maybe my level of intelligence is so way way below that of the judge and justices of the RTC and the SC that I could not comprehend why an elected senator, though charged in court and still presumed innocent, not be allowed to serve the people in the senate. Honorable (though I doubt it) senators have even given their guarantee to make sure Sen. Trillanes does not run away. And where, for heavens sake would Sen. Trillanes go. We elected Sen. Trillanes to bring our interests in the senate, does not that count for the court to consider? Are the 11 million voters not trustworthy, that these justices could simply rule against their will? Maybe there should no longer be elections. Just let the courts decide who could serve in congress and the senate. How do we punish this justices who have committed this grave injustice on us?

  5. Diego K. Guerrero Diego K. Guerrero

    Kailan ba naging patas ang Gloria Arroyo Supreme Court? Karamihan ang kanilang desisyon ay panig kay Gloria Pandaka. Ang tanong: Magkano ba?

  6. zen2 zen2

    how neat! how convenient! how sly!

    the Mob Inc. controlled Supreme Court, not unexpected, i must admit, characteristically chose to err NOT on the side of will of the people, but to that of it’s powerful financial patrons.

    by overly stretching its imagination and seeking refuge in an obscure argument, the SC, seeks to downgrade Senator Trillanes political legitimacy to that of a common criminal.

    the SC again irresponsibly gambled what is left of its minuscule reputation.

  7. chi chi

    With the trashing of the 11 million votes, Pinas Supreme Court hammered the last nail to its coffin. Ilibing na lang yan!

    Justice in Pinas…it’s easier to let go of the murderers than serve the interest of the people.

  8. chi chi

    Gloria’s Supreme Court affirmed what pea brained judge Pimentel said that Trillanes is a flight risk.

    Ginagago tayo ng Supreme Court. E, kinukuha nga sa custody ng Senate si Trillanes. Isa pa, kung gustong tumakas sana ay sumama na siya kay Capt. Nick nung Oakwood na bukas ang lahat ng pinto ng oportunidad para tumakas.

    Kulang na kulang ang mga elected officials na nagsisilbi sa kapakanan at interes ng pinoy at bansa. Heto at merong isang willing at tapat na maglingkod pero inaayawan naman ng Supreme Court. No wonder, kulang ang sampung daliri para bilangin ang matitinong opisyal at judges sa Pinas.

    Pinas Supreme Court is not just and fair. It is rotten like its patroness Gloria Pandaka! Bagay nga kayo!

  9. So Teehankee goes scott free after murder while Trillanes stays behind bars…legal gymnastics Pinas style…

  10. norpil norpil

    if there is something to learn about the nov 29,2007 episode at the peninsula, it is that trillanes is no flight risk. common sense. on the other hand gma is a real flight risk if she steps down. but then again, the most uncommon is what we call sense.

  11. bitchevil bitchevil

    Orly Mercado:

    Senator Jose ‘Jinggoy’ Estrada blocked on Wednesday the confirmation of Orlando Mercado’s appointment as ambassador to China, saying his credentials should be reviewed in the light of his allegedly poor performance as defense secretary during the Estrada administration.

    Estrada also indicated that he has not forgotten Mercado’s defection to the ranks of the political forces that ousted his father, then president Joseph Estrada, in a bloodless revolt called Edsa 2 in 2001.

    “I need more time to study his credentials. I will have to study further his credentials if he is really qualified for that position,” said Estrada, explaining why he was blocking the appointment of Mercado.

    The senator underscored the need to be careful in considering Mercado for his new posting, saying Mercado did not perform well in his former job as defense secretary.

    Mercado was among the first of the elder Estrada’s Cabinet officials who defected to the side of the people power revolt in 2001.

    Estrada insisted there was “nothing personal” in his actions against Mercado.

    He disclosed that he and his father bumped into Mercado during the 92nd Senate anniversary celebration on Tuesday night. “Former senator Mercado approached my father and me to ask for a favor—if I could support him. I told him I will first have to study his credentials,” Estrada said.

    Asked what his father had to say on Mercado’s request for support, he said: “As usual, pusong mamon (he is soft hearted). The Erap trait of being very giving and forgiving.”

    His father, he said, talked to him and told him “why don’t you support the confirmation of Senator Mercado.” But he said he insisted on studying his qualifications first.

    Asked whether his father and Mercado had patched up things, Estrada said: “Remember in 2001 when he (Mercado) betrayed us? My father still got him as a candidate for senator.”

  12. bitchevil bitchevil

    Permanent Representative to the UN Hilario Davide is receiving two pensions, one as Commission on Election (Comelec) chairman and another as Chief Justice of the Supreme Court (SC). That’s irregular. Davide didn’t finish a full term as Comelec chairman. When he was promoted to the Supreme Court, he should not have received five years lump sum retirement benefits from Comelec and a monthly pension thereafter.

    By the way, Hilario Davide’s appointment as permanent representative to the UN has not been confirmed by the CA but he assumed his position anyway.

  13. Diego K. Guerrero Diego K. Guerrero

    Double pension is considered malversation of public funds. It’s technical kurakot. This is same category as Villar’s P200-million double insertion.

  14. rose rose

    bakit flight risk si Trillanes? aswang ba siya? baka nga naman makalipad sa Oct. 31..Happy Halloween!

  15. rose rose

    As the Magistrate of the Phil..(through her supreme court and Court of Appeals ) justices to kill, to steal, etc. are pardonable (and the price is..magkano ba ang binayad) BUT to be against her is UNPARDONABLE..(the price is your life) Gloria Macapagal Arroyo’s COMMANDMENT is I am your Mistress mali ata ito.TOH correct..siya pala ang chief of staff mali rin..I am the cheater..the corruptor) thou shall have no other but me..no body shall come on top of me (si Ginebra San Miguel kaya?)..and being your executor whoever is against me will be executed..lagot ka…Macapal gal talaga…arroy ko..

  16. rose rose

    itong kaso ni Trillanes..hindi ba madala sa UN? or sa Inernational Tribunal..I am not a lawyer but it seems to me not to allow Trillanes to do his job on behalf of the millions who voted for him is plain and simple violation of their rights..and should not happen, I will attend every chance I have to be there…that is no threat but a promise.
    I keep my promise, I am putot but not that kind of putot..

  17. bitchevil bitchevil

    Trillanes has no choice but continue to be patient until after 2010 when a new leader is elected. And that leader must not be one allied with the Evil Bitch. Among the so called opposition senators, I trust Ping Lacson more as far as allowing Trillanes’ release is concerned.

  18. Chabeli Chabeli

    It’s bad enough that the SC, the bulldogs of Gloria, have banned Sen Trillanes from the Senate. What cuts the cake is a murderer like Claudio Teehankee being released from prison, Maureen Hultman (they were a neighbor)!!!!! I am so livid, I could bitch slap Gloria!!!

  19. Chabeli Chabeli

    Oooops, should read:

    It’s bad enough that the SC, the bulldogs of Gloria, have banned Sen Trillanes from the Senate. What cuts the cake is a murderer like Claudio Teehankee being released from prison, who killed Maureen Hultman (our neighbors)!!!!! I am so livid, I could bitch slap Gloria!!!

  20. deanr deanr

    Ano pa ba ang bago dyan sa SC? dati ng ganyan yan at nakapabor sa nakaupo ang decision nila. Ayaw lang nila madagdagan ang mga opposition sa senado. Madadagdagan ang titira kay manny villar.:)
    Dapat yan si claudio doon na sa bilangguan mabulok sa ginawa nya! Pero si gloria may padasal dasal pa pero sa impyerno din ang punta! Dapat talaga hindi na tinapos ang termino nyan babae na yan. kaso ang lakas sa militar ng pandak na yan! Imagine dinaya ni pandak si panday:)

  21. atty36252 atty36252

    Notice? Not a single one dissented. Not Puno, not Azcuna, former partner of the revered (by me) Haydee Yorac, not Leo Quisumbing, with his libertarian posturing while he was teaching.

    Flight risk daw. He walked several kilometers from the Court to the Pen. He waited for people to join him. He did not run away like Bolante.

    Nur Misuari was allowed to post bail, despite the strong evidence against him. Ang evidence kay Trillanes, nobody fired a single shot. Mukhang refuse to see ang Supreme Court sa anggulo ng equal protection.

    I miss the Marcos Supreme Court. Kahit ang sipsip na si Cheap Justice Fernando was not this fawning.

  22. chi chi

    Pinadadama lang ni Puno ang mga tao sa mga dissent kuno niya. Pagdating sa kaso ni Trillanes ay halik-pwet din siya kay Gloria.

  23. bitchevil bitchevil

    Chi, even though Puno is the Chief Justice, the ones who make the decision are the other justices, majority votes. Puno has only one vote and this helps in a tie.

  24. chi chi

    be,

    In this case, please take note of atty’s post. No dissenter, not even Puno!

  25. Atty, I checked in the Supreme Court website for the copy of the Resolution so I can link it, but I can’t find it. How did you know that it was unanimous? Where did you find SC resolution?

  26. A lawyer-friend said when it comes to extraconstitutional acttions, the Supreme Court is traditionally conservative. Exception, of course, was Davide with Gloria Arroyo.

  27. luzviminda luzviminda

    Ano pa ba ang aasahan natin sa Tsup-preme Court, eh karamihan ay mga tuta ni Gloria. Kaya nga sila napwesto duon eh. Ang totoo niyan ay hindi dahil sa flight-risk si Trillanes, kundi dahil sa sobrang laki ng takot ng Gloria Syndicate sa pwedeng impluwensiya ni Trillanes sa ating mga magigiting na sundalo at sa taong bayan. Baka matapos ang pagpapasasa nila sa pwesto at pagwawaldas ng kaban ng bayan!

  28. Trillanes was ready to accept a compromise of allowing him just to meet his staff in detention but the SC also disallowed that.

    AT4 was given a mandate to serve as Senator. But they do not honor clear and honest mandates. What they find acceptable is a mandate stolen and fabricated by criminals like Gloria and Garci.

  29. atty36252 atty36252

    Atty, I checked in the Supreme Court website for the copy of the Resolution so I can link it, but I can’t find it. How did you know that it was unanimous? Where did you find SC resolution?
    ******************************
    Ellen:

    I’m talking about the original decision in GR 179817.

    Walang nag-dissent.

    The link is:

    http://www.supremecourt.gov.ph/jurisprudence/2008/june2008/179817.htm

  30. Gabriela Gabriela

    It’s difficult to accept this decision by the Supreme Court of not allowing Trillanes, elected by the people campaigning from prison on a shoe-string budget, to serve while Zubiri, whose votes were products of Lintang Bedol’s operations is in the Senate.

    It’s injustice.

  31. myrna myrna

    nakakasuka na talaga!

    ganito na lang ba talaga?

  32. chi chi

    Naghihintay na lang ng retirement ang mga justices na ito samantalang ang mga bata-bata pa ay naghihintay ng tapal ni Gloria.

  33. visualinked visualinked

    Paanu na lang ang mga boto namin? Diba mas superior ang boses ng taong bayan higit kanino man.

    Credible pa ba ang supreme court? Hindi kaya binulungan ng langit ang supreme court?

    I’m sorry to say this pero wala na talaga akong tiwala sa mga taong namumuno sa ating bayan! Wala na rin akong tiwala sa ating justice system dahil dito pag mahirap ka sa kulungan ka na mamamatay kahit ang sala mo lang ay ang pagnanakaw lang ng kamatis sa palengke pero pag ikaw ay mayaman madali mo lang malulusutan yan kahit pa ikaw ay nakapatay ng tao! Barilin nyo ako pag ito ay hindi toto.

  34. bitchevil bitchevil

    By now, we should all know that the Supreme Court and the judiciary are Malacanang’s rubber stamps.

  35. pollyhernandez pollyhernandez

    I don’t want to lose hope because I am praying hard for my senator Trillanes. Hindi ako nagsasawa na mag offer ng eggs sa santa Clara Monastery. Alam ko na one of this days kaming 11 million voters of the great senator will be heard. Sana lang huwag hintayin ng gobyernong ito na kaming 11 million ay rumampa sa karsada upang magbarikada dahil patuloy nilang nilalabag ang aming karapatan na kinakailangang maglingkod sa taong bayan ang senador na aming pinagkatiwalaan ng aming karapatang bumoto. Peoples will is God’s Will. Bless our countrymen

  36. Supreme Court is more like a Court of and for Gangsters!

  37. The Three Branches of Government are only working for the Elite.

    It’s time for the installation of a Parallel Government that truly serves the poor majority. Once installed, we must boycott all obligations to the Illegitimate One.

  38. Valdemar Valdemar

    Flight risk? Courts have no alternative solutions. I suggest they put up a container van at the senate plenary hall and put bars around the senate building. Charge the cost to some pork barrels. They could put CIDG people there as security so that a senator absconding might promote again someone.

    Flight risk? Heinous criminals like those OFWs from the gallows abroad and political minions are never a risk, they just let them go away for a song to a tune of executive clemency or intervention.

  39. kabute kabute

    pollyhernandez, I like what you said – “I don’t want to lose hope because I am praying hard for my senator Trillanes. Hindi ako nagsasawa na mag offer ng eggs sa santa Clara Monastery.” Hope springs eternal – for those who can wait. But it does not mean we should just hope and wait. Somethings must be done. Like finding ways to punish the people in this corrupt system. Ways to get even with them. Better too – offer eggs to the Carmelite Sisters to include in their prayers the early release of detained BGen. Lim, Col. Querubin, Se. Trillanes and others.

  40. airos airos

    SumpPit, the Three Branches of the Government is just an imagination. The present administration is almost complete in forming a real Unitary Form, e.g., One Form of Government without branches. There is one office they would like to dissolve, the Senate Minority.

  41. andres andres

    Sa ilalim ng gobyerno ni Evil Gloria, ang mga kriminal namamayagpag, habang ang mga makabayan ay patuloy na nagdurusa.

    Si Sabit Singson, isang tunay na kriminal at mamamatay tao, ibinasura ng masang Pilipino noong 2007 elections, ay ginawang Deputy National Security Adviser! Isang aminadong kriminal, nabigyan ng maselang posisyon ni Gloria!

    Si Antonio Trillanes, isang makabayang sundalo, na nakulong dahil sa pakikipaglaban sa katiwalian. Nagwagi at ibinoto ng masang Pilipino noong halalan ng 2007 bilang Senador, patuloy na pinagbabawalang maglingkod bilang Senador.

    Dalawang kaso ng dalawang magkaibang uri ng tao! Tignan kung saan malapit si Arroyo! Saan ba eh di sa kriminal!

  42. chi chi

    SumpPit,

    Kaya ang utos ni Gloria kay Nograles ay GO na ang parliament kasi ay sigurado siyang aayunan ng kanyang mga tuta sa ‘tsup-reme’ court.

    Ayos na yan sa tongresso, palabas na lang ng mga alipores ni Gloria na kunwari ay pinag-uusapan pa.

    Talaga, kulang pa sa mga pinoy ang pambababoy sa kanila ni Gloria. Naghihintay pa ng 2010 e. Mabuti nga na itodo na at nang makita kung hanggang saan ang kaya ng kapinuyan.

  43. bitchevil bitchevil

    I keep asking this question: Where is JDV? What happens to his promise to testify at the Senate on ZTE deal? I’m beginning to think that the recent release of Teehankee that’s been played by media for days now is to divert people’s attention from those other earlier unresolved anomalies.

  44. atty36252 atty36252

    Madi-dismiss yang demanda ni Jala bira.

    The Supreme Court only decides actual controversies. Wala pa namang botohan, or impending botohan. So the case is not yet “ripe for adjudication”.

    Ganyan din ang gusto nilang basis for dismissing the MOA petition, dahil wala pa naman daw contrata. So, they cannnot invoke ripeness for one, and not for the other.

    Masyadong adelantado itong Ateneo law graduate (according to the Tribune) na ito. Foreplay muna before you do it. Kailangang munang may deliberations, then a proposed amendment, then a call for a vote, bago ka pumunta sa Supreme Court. If the Supreme Court decides now, it would be an advisory opinion, which it never renders.

  45. chi chi

    atty,

    Baka makaisa si Gloria dahil majority sa tsupreme court ay kanya.

    Ay, wala na akong katiwa-tiwala sa Pinas SC kahit open ako sa sinabi mo.

  46. rose rose

    Chi, like you wala na akong tiwala sa SC sa atin.. sa mga graduates ng Ateneo.. lalo na sa mga “bright boys” of Ateneo..particularly for me..Azcuna, Camilo Sabio, Fr. Bernas among them..they are simply polite with each other..pathetic!

  47. rose rose

    atty, I don’t know if you are from Ateneo too. If I remember right you mentioned at one time that you served in the administration of Cory Aquino..I know Azcuna was appointed by Cory, Sabio may have been too..when he worked as Gen. secretary of Congress..and he was good and honest ..but somewhere along the way he strayed from the Road Less Travelled..and took the wide and easy road of Corruption..the lure of the green bucks..

  48. atty36252 atty36252

    Rose: I went to UP. Diyan ko naging teacher si Haydee Yorac. My father could not have afforded Ateneo, had I wanted to go there.

    Yes, I was a staffer in the Cory Senate. I met Camilo Sabio in the few meetings of Senate and House staffers, while he served as Sec Gen under Monching Mitra. He struck me as a quiet unassuming guy. He seemed like a regular gov employee, only after a decent salary. I did not expect these turn of events myself.

  49. rose rose

    atty thanks..all of us who knew Camilo then just could not understand how this happened. With apologies to Balagtas..”ang demonyo pag pumasok ka sa utak nino man hamakin ang lahat masunod ka lamang.
    ..yong kaso ni Teehankee, jr. did it happen when his father was a SC justice? what a shame!
    ..si siraulo who appointed him as DOJ? what a mortal sin..

  50. bitchevil bitchevil

    Between Ateneo and UP law graduates, I admire those from UP more. Ateneo is for rich bright boys while UP is for ordinary bright boys. Ironically, Ateneo produces more corrupt lawyers even if they are rich. If you don’t call it “greed”, I don’t know what you describe people like Mike Arroyo and Nani Perez.

  51. be,
    I agree, I’d be happier if my kids go to UP. I hope they pass the entrance test.

  52. The Jesuits (Ateneo Owners) are the root cause of World Misery.

    They are the real Anti-Christ. It is their church’s existence that’s collapsing when HE was still alive, that’s why the hijacking of Christianity.

    The Catholic Church of today is not that of Christ, but of the Roman-British Empire. Behind the Pope is the Black Pope (Jesuit Generale) that’s running world affairs. We are blinded by our faith thru the wrong messenger.

    Believe in the teachings of Christ, but ignore the Church of the Demons.

    Click my handler and scroll down to Jesuit-Trained Movers and Shakers,

    or click here.

    I’m also sending my son to UP.

  53. bitchevil bitchevil

    Sumpit, the Jesuits don’t have a good reputation for centuries.

  54. etcetera etcetera

    SumpPit, the testimony of sister Charlotte was horrifying and tragic. She found out the truth, the hard way.

    (Revelation 18:2,4 KJV) http://www.biblegateway.com/passage/?book_id=73&chapter=18&version=9

    And he cried mightily with a strong voice, saying, Babylon the great is fallen, is fallen, and is become the habitation of devils, and the hold of every foul spirit, and a cage of every unclean and hateful bird.

    And I heard another voice from heaven, saying, Come out of her, my people, that ye be not partakers of her sins, and that ye receive not of her plagues.

    The Babylon that’s referred to is the Catholic Church.
    http://www.jesus-is-savior.com/False%20Religions/Roman%20Catholicism/a_woman_rides_the_beast.htm

    So, what did another voice from heaven was saying? “Come out of her, my people” meaning get out of the Catholic Church. Why? “that ye be not partakers of her sins, and that ye receive not of her plagues.” Because if you do not come out of her, you will receive her plagues or condemnations on judgement day. This will be very hard to take for die hard Catholics but that is the gospel, written in the holy bible.

    The next question is, once you come out of her, where will you go?

  55. etc:

    Sa totoo lang, nanindig ang balahibo ko habang nakikinig ako sa kanyang testimonya.

    I also have a nun cousin. And i don’t know what had happened to her since. Pari pa naman ang nag-recurit sa kanya noon (’90s). Ayaw na ayaw ng mga parents na papasok siya sa pagkamadre. Matagal na pala siyang na-brainwash kaya wala silang nagawa.

    Parang gumuho ang mundo ng pamilya noong umalis na ito. Up to now they never mentioned her name again.

  56. etc:

    Your 2nd link is scholarly written – a must read for everyone!

  57. bitchevil bitchevil

    Sumpit, may I know what religion you belong to? The tenor of your posts reflect your hatred for the Catholic Church. The Catholic Church could be the apostatized church, the biggest and longest cult in the world headed by the Pope with the Number 666 on his head; but there are many good and faithful members of the church. The problem is, blind cannot guide another blind. Examining the Catholic Church’s teachings and practices obviously show her centuries of man-made doctrines and pagan practices.

  58. BE:

    I was born and baptized as Roman Catholic. I used to go to church 3-4 times a week. But i never stop asking (professors, priests, myself).

    My humble research on science led me to the conclusion that you don’t need to have a religion in order to know who God really is. Yes, i found Him thru Science. The research i’ve been doing is that branch of science that is being suppressed for centuries by the Vatican so that they won’t become irrelevant.

    Jesus Christ didn’t put up a church or religion. He only tried to spread the Truth in the language that they understood. His “miracles” were not extraordinary but scientifically probable. He is a Man of Science rather than a harbinger of myths and lies. He is a genius in his day, in the tradition of Heraclitus, Socrates, Giordano Bruno, Galileo, and Tesla to whom my own research is mostly based.

    Having fully understood Energy Science, it was so easy for me to believe that all “conspiracy theories” are indeed true, and UFO technologies are attainable.

    You can’t give free access to free energy devices to anybody without altering his belief system, right?

    This is the primordial motivation why free energy technologies like that of our own Dingel’s Watercar is being suppressed.

    I don’t hate Catholics, i pity them.

    Now, i don’t need religion. i’m a free man.

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