By Jeffrey Damicog
The Office of the Solicitor General (OSG) is set to ask the Court of Appeals (CA) in January to reverse a ruling of a Makati court which refused to issue a warrant of arrest and hold departure order (HDO) against Sen. Antonio Trillanes IV, said Justice Secretary Menardo Guevarra on Monday (December 17).
“Within the reglementary period, the Office of the Solicitor General will file the necessary petition for certiorari with the Court of Appeals insofar only as the resolution of Branch 148 denying our motion for the issuance for a warrant of arrest and hold departure order is concerned for grave abuse of discretion amounting for lack or excess of jurisdiction,” he said.
On Nov. 23, Judge Andres Soriano of Makati City Regional Trial Court (RTC) Branch 148 issued a joint order which denied the motion for reconsideration of the Department of Justice (DOJ) asking for the issuance of a warrant of arrest and HDO against the senator.
The RTC is handling the coup d’etat case against Trillanes concerning his involvement in the 2003 Oakwood mutiny.
The DOJ sought for the issuance of the warrant and HDO after President Rodrigo Duterte issued Proclamation No. 572 which declared as “void ab initio” or void from the start the amnesty given to Trillanes over his participation in the Oakwood mutiny and the 2007 Manila Peninsula siege.
On the other hand, the RTC’s Nov. 23 joint order which denied the motion for reconsideration of Trillanes who asked to declare as unlawful Proclamation No. 572.
Guevarra revealed that the decision to file the petition before the CA was reached during a joint conference between the DOJ and the OSG.
“We — the DOJ with the office of the solicitor general — held a conference to map out our strategy after the trial court’s resolution,” he disclosed.
The secretary said the OSG might file the petition by early January.
“That will be filed within the period of 60 days counted from the denial of our motion for reconsideration,” he noted.
A graduated penalty will be imposed for acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, cursing, misogynistic and sexist slurs and use of words, gestures and actions that ridicule on the basis of sex, gender and sexual orientation.
For the first offense, the imposable fine is P10,000 or community service of 12 hour.
For the second offense penalty is arestomenor in its minimum period or a fine of P20,000 while third time offenders face arestomenor in its medium period.
Arestomenor requires imprisonment of one day to thirty days.
On the other hand, acts such as making offensive body gestures and exposing private parts for sexual gratification the maximum penalties are six months imprisonment and a fine of P50,000.
Stalking and other similar acts may be penalized with a maximum six month imprisonment and P200,000 fine.
For gender-based online sexual harassment, imposable punishment include maximum six years imprisonment and P500,000 fine.