Case Name ANTONIO F. TRILLANES IV , petitioner, vs . HON. OSCAR PIMENTEL, SR.

, IN HIS CAPACITY AS
PRESIDING JUDGE, REGIONAL TRIAL COURT-BRANCH 148, MAKATI CITY; GEN.
HERMOGENES ESPERON, VICE ADM. ROGELIO I. CALUNSAG, MGEN. BENJAMIN
DOLORFINO, AND LT. COL. LUCIARDO OBEÑA, respondents.
Case No. | Date G.R. No. 179817.| June 27, 2008
Ponente CARPIO-MORALES, J

FACTS:
 Following the Oakwood Incident, where 300 heavily armed soldiers led by junior o􀀽cers of the Armed Forces of
the Philippines (AFP) stormed into the Oakwood Premier Apartments in Makati City and publicly demanded the
resignation of the President and key national officials, Trillanes was charged, along with his comrades, of coup det
at.
 Close to four years later, Trillanes won a seat in the Senate with a six year term
 Before his term starts, petitioner filed for omnibus motion to be allowed to attend senate and other related
matters.
 RTC denied all requests. Petitioner MFR, RTC still denied. Hence SC petition.
 Petitioner:
1. Jalosjos case not applicable to this case;
- Jalosjos convicted, Trillanes not
- Jalosjos charged with staturoy rape; moral turpitude; Trillanes political crime
- Jalosjos tried to flee; Trillanes did not surrendered voluntarily
2. Esperon did not overrule reco of marine brig’s CO to allow him to attend senate
3. The people elected him; allow him to work and serve his mandate
4. There are enough precendents to allow him liberal treatment

ISSUE:
1. W/N this case is distinct from Jalosjos case – NO.
-
HELD:
1. NO. The distinctions cited by petitioner were not elemental in the pronouncement I Jalosjos that election to
Congress is not a reasonable classi􀁅cation in criminal law enforcement as the functions and duties of the o􀀽ce
are not substantial distinctions which lift one from the class of prisoners interrupted in their freedom and
restricted in liberty of movement.
- Alejano v. Cabuay, 24 it is impractical to draw a line between convicted prisoners and pre-trial
detainees for the purpose of maintaining jail security; People v. Hon Maceda: Whether preventive
detention or final sentence, prisoners cannot practice their profession etc hold office
- Prohibitions on bail apply equally to rape and coup d'etat cases , both being punishable by reclusion
perpetua. Within the class of offenses covered by the stated range of imposable penalties, there is
clearly no distinction as to the political complexion of or moral turpitude involved in the crime charged.
- Trillanes tried to flee or whatnot. He stage another coup haha The assailed Orders augured well when
on November 29, 2007 petitioner went past security detail for some reason and proceeded from the
courtroom to a posh hotel to issue certain statements