MANILA, Philippines - Justice Secretary Leila De Lima said the Department of Justice (DoJ) has started reviewing the records of the coup d'état case against Senator Antonio Trillanes IV.
De Lima is acting on orders of President Benigno Aquino III for DoJ to thoroughly review Trillanes' case.
Aquino said in a previous interview that the coup d'état charge brought against Trillanes may need some looking into.
As this developed, the Armed Forces of the Philippines (AFP) said that allowing Trillanes to post bail for a coup d'etat charge before the Makati City Court would be a positive development.
De Lima said the DoJ is abiding by the directive of Aquino.
"I am reviewing the records of the case and have consulted our prosecutors, especially those handling it before the court. The DoJ will submit its recommendation to the President after making a thorough review of the case. The President expects nothing less than a thorough review," De Lima said in a statement on Sunday.
Trillanes led rebel soldiers that seized the upscale Oakwood Hotel in Makati on July 25, 2003, demanding the ouster of former President Gloria Arroyo. In November 2007, Trillanes again, led the assault of the Peninsula Hotel, also in Makati. Both coup attempts were foiled by the administration.
The DoJ filed a case for coup d'état against Trillanes and 30 other soldiers. Both the prosecution and defense have rested their case before the Regional Trial Court, Branch 148, Makati City. Both parties will submit their respective memoranda within 30 days from receipt of the RTC's July 12, 2010 order.
"I understand that the case will soon be deemed submitted for the court's decision, upon the filing of the required memoranda by both the prosecution and the defense. At this stage, the options for the prosecution may be limited. And the courts have absolute discretion in the disposal of a case once it has acquired jurisdiction over it," said De Lima.
"On the other hand, the President has the absolute prerogative to direct the Secretary of Justice, as an alter ego, to review the case against Trillanes," De Lima added.
"I will, however, exercise care and circumspection under the circumstances, given the independence of the judiciary."
AFP spokesman Brigidier General Jose Mabanta said "it is a welcome development if in case, eventually he (Trillanes) will be given the liberty."
Trillanes has posted a bail of P150,000 before the Makati City Court last week, pending the resolution of an earlier petition to grant him bail so he can attend Senate proceedings. He is currently detained at the Philippine National Police headquarters in Camp Crame.
He is also facing a rebellion charge for the siege of the Manila Peninsula Hotel, and a military trial for conduct unbecoming an officer and a gentleman in connection with the Oakwood incident.
On whether granting bail to Trillanes will send a wrong signal to future coup coup plotters or destabilizers, Mabanta said: "On the the contrary, it will send a signal to those still in hiding that now is the best time to go out in the open on the thinking that the Aquino presidency is certainly legitimate given the very high mandate in the last election."
Mabanta could not say the exact number of rightist elements who are still unaccounted for, but said they are enlisted personnel.
