MANILA - After having been denied twice by the Makati City Regional Trial Court Branch 148 of its bid to arrest Sen. Antonio Trillanes IV, the Department of Justice is considering accusing Judge Andres Soriano of committing "grave abuse of discretion" in denying the DOJ's motion for issuance of an arrest warrant against the senator.

In his letter to the Office of Solicitor General on Monday transmitting a copy of Soriano's November 22 joint order, OIC Prosecutor General Richard Anthony Fadullon asked the OSG to consider filing a "petition for certiorari."

"We are transmitting the Joint Order for your office to consider the filing of a petition for certiorari with the higher courts within the time allowed under the Rules of Court," he said.

READ: OIC Prosecutor General Richard Anthony Fadullon transmits to OSG copy of Makati RTC 148’s Joint Order denying DOJ’s (and Trillanes’) motion for reconsideration. Fadullon asks SolGen to consider filing petition for certiorari with higher courts. pic.twitter.com/RvdzGopSe7 — Mike Navallo (@mikenavallo) November 26, 2018

The transmittal was a matter of course because it is the SolGen which acts as the government's lawyer in higher courts.

A petition for certiorari under Rule 65 of the Rules of Court questions the lack or excess of jurisdiction of a tribunal, or the grave abuse of discretion in the exercise of its jurisdiction.

It may be filed before the Court of Appeals or the Supreme Court in cases decided by a regional trial court.

Sought for explanation, Fadullon said: "We believe there was grave abuse on the part of the presiding judge."

He clarified, it is only "a possible option that may be considered."

In contrast to a petition for certiorari, an ordinary appeal under Rule 41 of Rules of Court may be filed with the Court of Appeals to review the factual findings and legal interpretation of a regional trial court while a petition for review on certiorari under Rule 45 may be filed directly with the Supreme Court when only questions of law are raised.

Both appeals may be filed with respect only to a final judgment or order which disposes of a case unlike a petition for certiorari which may also be filed in the cases of interlocutory orders or provisional matters.

Justice Secretary Menardo Guevarra, for his part, said he will have to discuss the next legal move with the SolGen.

"As I said a few days ago (but sadly misquoted sa media), a petition for certiorari (grave abuse of discretion in issuing an interlocutory order) is NOT the only option available to the DOJ," he said.

Should it decide to file a petition for certiorari, the DOJ through the OSG has 60 days from notice while it only has 15 days to submit the necessary pleading for ordinary appeal and petition for review on certiorari.

In his decision, Judge Soriano cited the doctrine of immutability of judgment in rejecting the DOJ's motion for the issuance of a hold departure order and alias warrant of arrest against Trillanes for the crime of coup d'etat. The court cited records that show the coup d'etat case against Trillanes has been dismissed in September 21, 2011, and that the dismissal was "final and executory."

Under the doctrine, a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land.

"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," the judge ruled.

Trillanes' lawyer Rey Robles noted the judge did not allow the reopening of the case against Trillanes and ruled that the senator "did file his amnesty application in the proscribed form, and that he admitted guilt" for participating in the Oakwood Mutiny.

"Hindi puwedeng buksan ang kaso na matagal nang dismissed. 'Yun ang naging ruling ng korte," he told reporters.