DOJ defies SC, prevents Arroyos' travel abroad

MANILA, Philippines (Nov. 16, 2011) – In a surprise move, the Department of Justice blocked the rush departure of former president Gloria Macapagal-Arroyo and husband Mike in spite of a Supreme Court order permiting the former first couple to travel abroad.

Hours after getting the Supreme Court’s approval to travel abroad, Gloria and MIke were barred last night from leaving the country.

Pandemonium broke out at the Ninoy Aquino International Airport (NAIA) Terminal 1 as the ailing former president – now a Pampanga congresswoman –and husband Jose Miguel made a virtual dash for the earliest flight out.

Arroyo proceeded to the NAIA after a messenger deposited the required bond of P2 million in cash at the SC docket before closing time.

She and her husband cleared immigration but were stopped at Gate 1 from boarding Dragonair flight 932 for Hong Kong on orders of Justice Secretary Leila de Lima.

Arroyo arrived at the airport in an ambulance and was wheeled into the departure hall wearing a facemask and a neck brace.

“This is all high drama. They want the public to sympathize with them,” presidential spokesman Edwin Lacierda said.

He emphasized that the former first couple will be treated with dignity but “we will be firm in our decision not to allow them to leave the country.” 

Earlier, De Lima said a temporary restraining order (TRO) issued by the Supreme Court yesterday could not be implemented until the court issues a decision on the government’s motion for reconsideration.

“The TRO is deemed stayed or deferred pending the resolution on the motion for reconsideration (MR),” De Lima told a press briefing at Malacañang.

She said the MR would be filed as soon as they receive a copy of the court ruling.

“As of this time, we have not received any official notice of the reported TRO issued by the Supreme Court,” she said.

De Lima said the Bureau of Immigration (BI) and airport authorities are under orders to enforce the watchlist order until the court decides on their motion.

“I have ordered the BI and requested the Secretary of DOTC (Department of Transportation and Communications) to direct the CAAP (Civil Aviation Authority of the Philippines) and NAIA (Ninoy Aquino International Airport) management and personnel to exhaust all actions to implement the watchlist order against the Arroyos,” she said.

“We have advised the NBI (National Bureau of Investigation) and are advising the PNP (Philippine National Police) and any appropriate law enforcement authority to be on the lookout for the Arroyos’ attempt to immediately leave the country on the strength of the TRO,” she said.

She expressed surprise at the SC’s issuance of a TRO ahead of the scheduled oral argument on the watchlist order on Nov. 22.

“I think we’re required to file comment within three days. If that’s the case, I heard there were oral arguments in a week. Why issue the TRO today?”

The Justice secretary also said she found it suspicious that the Arroyos were in a hurry to leave the country.

“There is no life and death situation here. Let us wait for the oral arguments and why were they able to make bookings today?” De Lima asked.

Citing reports from NAIA, De Lima said the Arroyos booked at least four flights yesterday. These are PR 501 scheduled to depart at 4 p.m.; SQ919 set to leave at 5 p.m.; PR 505, 7:35 p.m.; and SQ901, 7:55 p.m. De Lima said most of the flights were bound for Singapore.

De Lima said they were verifying reports that the Arroyos had booked a Dragon Air flight to Hong Kong with scheduled departure time of 8:50 p.m.

She called as harassment the Arroyo camp’s call for her resignation or disbarment.

“I feel annoyed. That’s harassment – asking for apology, disbarment, resignation, what is their agenda? They’re trying to tire me? Frighten me? Forget it,” De Lima said.

At Malacañang, presidential spokesman Edwin Lacierda called the SC ruling “unfortunate.”

“We were hoping we’ll be given the opportunity for oral argument before a decision. Apparently, this was not taken into consideration by the Supreme Court,” Lacierda said.

He also slammed criticism that the Aquino administration was slow in filing charges against the Arroyos, saying it was just following proper legal procedures.

“I think we’re observing due process…We have to observe due process. We have to give due process to anyone concerned,” Lacierda said.

De Lima said cases would be filed “as soon as it is ripe for the filing.”

“We can’t just file for the sake of filing. Cases are being readied and we’re making sure we have right evidence, that the charges will stick,” she said. “I can’t tell specific dates but best efforts are being exerted. I don’t want to specify dates. I might miss targets.”

Conditions

The dizzying turn of events began hours earlier with the Supreme Court’s issuance of a temporary restraining order on the implementation of the travel ban on the former president and her husband Jose Miguel.

“The majority of the justices believe that the continued inclusion of petitioners (Arroyos) in the watchlist order might probably work as injustice to them,” SC spokesman Jose Midas Marquez told reporters in a news briefing.

In its decision, the SC upheld by a vote of 8-5 the constitutional right of the Arroyos to travel, considering that no case has yet been filed against them in court.

But the SC required them to post a cash bond of P2 million and to appoint a lawyer who will receive subpoenas and other legal documents related to the ongoing investigation into criminal charges against them.

The SC also ordered them to inform the Philippine embassies or consulates in the countries in their itinerary of their arrival.

Before closing of the SC docket yesterday afternoon, a messenger of the Arroyos showed up at the high court to deliver the P2-million bond.

Marquez said the magistrates had to impose such conditions “because of allegations that they (Arroyos) are going to leave or flee, so we just have to put some measures just to let the court know where they are.”

The SC official said the TRO would be in effect for an indefinite period or until lifted. He said there is no need for the TRO to get served to parties in the case before it can be enforced.

Respondents DOJ and BI have been ordered to comment on the petition within three days from receipt of notice.

He clarified that the order is still subject to an appeal and that it only covers the Arroyos and not the other respondents in the poll fraud investigation being conducted by the DOJ with the Commission on Elections. The other respondents are also on the watchlist.

Marquez revealed that the magistrates had a “thorough deliberation” on the petition, and that it was prioritized over some 200 cases in the agenda. He said the discussions were “unusually longer.”

Those who voted in favor of the issuance of TRO were Chief Justice Renato Corona and Associate Justices Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin, Roberto Abad, Martin Villarama Jr. and Jose Perez – all appointees of the Arroyo administration.

Five justices objected: Senior Justice Antonio Carpio and Associate Justices Jose Mendoza, Maria Lourdes Sereno, Bienvenido Reyes and Estela Perlas-Bernabe. Sereno, Reyes and Perlas-Bernabe are appointees of President Aquino.

According to Marquez, the five dissenters wanted oral arguments to precede the issuance of a TRO, which was the same position raised by the Office of the Solicitor General.

Associate Justices Mariano del Castillo and Teresita Leonardo-de Castro were on leave and did not take part in the deliberations.

Earlier, Mr. Arroyo’s lawyer Ferdinand Topacio revealed to reporters in the SC that he and his wife were planning to leave for Singapore as soon as possible after the issuance of the TRO to seek medical treatment for Mrs. Arroyo’s bone disorder. The couple then might fly to Spain next, he said.

“Kung sa Singapore pa lang ay ayos na ang findings, baka hindi na sila tumuloy sa Spain (If in Singapore things turn out well, they may no longer go to Spain),” Topacio said.

Aside from Singapore and Spain, the other countries in Arroyo’s itinerary were the US, Switzerland, Italy, and Austria.

In their petition for TRO filed last week, the Arroyos invoked their constitutional right to travel and asked the high tribunal to declare as unconstitutional Department Circular No. 41 which empowers the DOJ to put respondents in criminal cases under watchlist or hold departure orders.

Ironically, it was the Arroyo administration which issued Circular 41.

She alleged that the DOJ order violated Article III Sections 1 and 6 of the Constitution which explicitly provide that the right to travel shall not be impaired except “in the interest of national security, public safety, or public health, as may provided by law.”

 

Contempt

Sen. Joker Arroyo, a staunch ally of the former president, said De Lima risks facing contempt for defying a Supreme Court order.

“That’s disobedience of the Supreme Court and tantamount to contempt. She will be cited for contempt of court. I don’t think she will do that (prevent them from leaving),” Arroyo said. “She knows better than to defy the Supreme Court.” Arroyo said whatever the high court says has the force of law. “Not even the President of the Philippines can stop that,” Arroyo said.

“As I said earlier, this is a creeping authoritarianism. Para bang tendency is to be dictatorial, no opposition at all. They won’t allow opposition to their position,” Arroyo added.

“Human rights are not only for the good people. They are equally for the good and the bad, the rich and the poor, the convict and the freeman. All of them can invoke that. But those who need it most are the bad people because the good people don’t need any help. That is the beauty of human rights,” the senator, a human rights lawyer during the Marcos regime, said.

“Even a prisoner of war, if he is picked by an enemy, he is not supposed to shoot him anymore if he is wounded. He is obligated to bring him to the nearest hospital. That is how a civilized society is,” he said.

The lawyer of the former first gentleman also raised the likelihood of De Lima getting slapped with contempt. “If she insists on that then she will be in contempt of the Supreme Court,” Topacio told The STAR.

“This is outrageous already, we’re all members of the bar, she should know what she’s doing,” he said.

He said the Arroyos will not insist on leaving as such would be “unbecoming of them.”

“They (Aquino administration) want to cause trouble but we won’t give them that. We will deal with this in a calm and sober manner,” Topacio said.

He said they will go to De Lima’s office early today to present the TRO.

“We will strategize first,” Mrs. Arroyo’s lawyer Christian Diaz said when sought for comment on De Lima’s order.

 “I think we could push for contempt of court but that’s offhand and I will have to consult with lawyers,” Mr. Arroyo said.

TRO lauded

Senators voiced their approval of the TRO issuance but urged the DOJ to speed up the filing of cases against the Arroyos.

“The decision of the Supreme Court is fair and reasonable,” Sen. Francis Escudero said.

“To prevent the possible flight of the former president from facing the accusations against her, the Justice department should exercise its mandate by filing appropriate charges in courts and petition for a hold departure order. This is the proper legal action which does not circumvent constitutional and basic rights,” Escudero added.

For his part, Drilon said De Lima is left with no choice but to file charges immediately against the Arroyo couple. 

“Now, I do not blame Sec. de Lima. She is doing her job as Secretary of Justice, she wants to test the limits of her authority, and under our system, it is the SC which decides what the law is,” said Drilon.

For Sen. Ramon Revilla Jr., the issuance of TRO proved that the justice system in the country works.

Sen. Alan Peter Cayetano said the Aquino should not lose hope despite the latest setback and instead rush the filing of cases against the Arroyos.

Cayetano pointed out that it is the duty of the government to pursue charges of plunder and electoral sabotage against the former president.

Sen. Panfilo Lacson said the SC in its decision was merely upholding the rights of a citizen under the Bill of Rights.

“That was an exhibition of judicial sagacity and sobriety,” Sen. Miriam Santiago said for her part.

“Notice that in the language of the constitution, national interest is not an exception… it is a very serious and grave mistake to think that national security, public safety and public health can be interchanged with national interest… we are putting words in the mouth of the Constitution… that is why the Supreme Court ruling is correct,” she said.

Lacson added that De Lima cannot use national interest as an argument to prevent Mrs. Arroyo from leaving the country. “That’s a wrong proposition,” Lacson said.

Sen. Francis Pangilinan said the decision was clearly a victory for the Arroyos and a setback for the anti-corruption efforts of the Aquino administration.

“We can only hope this decision doesn’t give the Arroyos the opportunity to flee and never return. What government must do now is to proceed to file the necessary criminal cases against them and have the warrants of arrest issued,” Pangilinan said in his official Twitter account. (From Philstar.com)