…The foregoing disquisitions were prompted by the prosecution’s Urgent Ex-parte Motion for the issuance of Warrant of Arrest and a Hold Departure Order against Trillanes based on Proclamation No. 572. The records shows that this case has long been dismissed as per the Court’s Order dated September 21, 2011, by virtue of Proclamation No. 75 and the accused availment thereof. The dismissal, it appears, has become final and executory.
Well established is the doctrine that a final and executory judgment shall be immutable. The Court, in fact, loses jurisdiction over the case when its decision has become final and executory.
Nonetheless, the Court, based on the resolution of the Supreme Court in G.R. No. 24194, went on to review the legality and resolve factual issues surrounding Proclamation No. 572.
Given its findings, both on the legality of Proclamation No. 572, and its factual bases, the Court finds no reason to disturb the doctrine of immutability of a final and executory judgment.
Meanwhile, the law is vibrant. Jurisprudence is its lifeblood. Subsequent jurisprudence may forge new horizons in which exceptions to the immutability of a final and executory judgment may be born.
For now, the Court finds itself powerless to disturb the said doctrine even it had sustained the factual bases for the issuance of Proclamation no. 572.
WHEREFORE, premises considered, the prosecution’s Very Urgent Ex-Parte Omnibus Motion for the Issuance of Hold Departure Order and Alias Warrant of Arrest against accused Antonio F. Trillanes IV is DENIED DUE COURSE.
SO ORDERED.
City of Makati, October 22, 2018.
ANDRES BARTOLOME SORIANO
Presiding Judge
