Can an alias warrant be issued upon a case dismissed 8 years ago?
(will address the amnesty “voiding” later, i need to read the documents on those … the more immediate thing to address is the supposed effort to “arrest” Senator Trillanes today) Let me address constitutional law issues LATER because the DOJ seems to be rushing the arrest first.
As of posting time, the DOJ prosecutors are on their way to court to file a motion for issuance of an alias warrant of arrest, according to CNN-Ph reporter Anjo Almario.
Ask ko lang:
Both parties agree that the Trillanes case has been dismissed eight years ago.
If the case was dismissed without prejudice, it can be re-filed if there is basis.
If the case was dismissed with prejudice, it can no longer be re-filed.
Apparently, here, it was dismissed without prejudice. Therefore, it can be re-filed if there is basis, and it has to be re-filed for it to exist again.
BUT IT HAS TO BE RE-FILED. Basic.
Since the case had been dismissed eight years ago … does the warrant of arrest on said dismissed case remain alive? Ask ko lang…
Such that, all you need is an alias warrant? Ganun?
Ganun ba yon? The warrant of arrest remains alive even after the case had been dismissed? so you just need an alias warrant? Even after the case had been dismissed? (dismissed for eight years).
i don’t know to your lawyer (ewan ko sa abugado mo)
Ask ko lang:
If a case has been dismissed, DOES IT COME ALIVE ON ITS OWN upon media declaration of the prosecution that it was “defective”?
Ganun ba yon?
Biglang nabubuhay yung kaso?
Nabubuhay siya nang mag-isa? Kahit wala kang gawin? Hindi mo ni-re-file? Ganun?
(Kasi … nasa Jerusalem si Duterte, meron na siyang Jesus powers, kaya niyang bumuhay ng patay — eh si Jesus kelangan niya puntahan si Lazarus; kaya … daig pa niya si Jesus sa pagbuhay ng patay … na kaso)
Let’s say tanga lahat ng tao sa mundo — nabuhay nang mag-isa yung kaso na dismissed, naglakad mag-isa papuntang court…
wait i’m still typing
Wait, hindi tanga lahat ng tao sa mundo, as of 4:21pm: According to the DZMM reporter, the Makati RTC judge has received the “Urgent Motion for HDO and Issuance of Alias Warrant of Arrest” and refused to act on it today because he needs to read the records of the case which amounted to 53 folders … Siyempre, bumubuhay ka ng patay, di nga. Eh ni hindi mo nga binigyan ng kopya ang akusado, di nga.
(anong gagawin ni Sol Gen at ni Du30 –, tatawagan ang judge para brasuhin pag-issue ng alias warrant? LAZARUS!!! COME FORTH!!!)
(photo by Rappler used here non-commercially for academic purposes)