DE LIMA ACCUSED OF USURPING POWERS OF JUDICIARY, CONGRESS
MANILA, NOVEMBER 16,
2011 (TRIBUNE) By Benjamin B. Pult -De Lima's poll fraud
body railroads raps vs Arroyos. Racing against the clock to meet the deadline
President Aquino had earlier set for former president Gloria Arroyo and her
husband to be charged for crimes this month of November and jailed before
Christmas, the panel of lawyers picked by Justice Chief Leila de Lima (photo at
left) from her Department of Justice (DoJ) and the Commission on Elections
(Comelec), evidently obeying orders from Malacañang, yesterday denied all
motions submitted by the defense panels, and clearly railroaded the preliminary
investigation involving the former president, her spouse, Jose Miguel "Mike"
Arroyo and several others, including former poll chairman Benjamin Abalos Sr.,
to meet Aquino's deadline.
With unprecedented haste, the panel of lawyers from the DoJ and the Comelec
yesterday said it has heard enough from the defense panel and will now proceed
to resolve the electoral sabotage case filed against Mrs. Arroyo, her husband
and others the panel had implicated in the electoral sabotage case, a crime that
is a non-bailable offense.
The joint panel investigating the alleged 2007 electoral fraud in its second
hearing declared the case as submitted for resolution even as the panel denied
all pending motions from the defense, including one requesting for more details
of the case.
The development prompted lawyers of the Arroyo couple to denounce the undue
haste in the panel's decision.
Lawyers Ben Santos and Ferdinand Topacio, lawyers of the Arroyos, had asked
the DoJ-Comelec panel, through a motion, to defer its proceedings and evaluation
of the case as a matter of "judicial courtesy" to the Supreme Court (SC) where
petitions have been filed by the Arroyo camp.
The motion was quickly junked by the panel.
Topacio questioned "why the (DoJ-Comelec panel is acting with) indecent haste
in submitting this case for resolution" and pointed out that "the panel is
railroading the case" even as panel member Prosecutor George Dee explained that
the panel will provide written orders and that the defense's fears are
unfounded.
Another defense counsel, Benjamin Santos argued that "the obligation of the
respondent (Arroyos) to file counter affidavit did not arise yet since the
documents requested (by the defense lawyers) which are in support of the charge
are not yet produced."
Santos explained they had requested to be furnished the complete records
which are the basis of the charge.
Santos' motion was likewise denied by the panel.
"Since this panel is in denial of our motion, we would like the resolution be
made in writing as soon as possible to avail us of proper remedies." he said.
Mr. Arroyo, speaking through his counsel and spokesman, Topacio, issued a
statement sent to the media outlets saying that "last Friday, we filed a case
for Certiorari and Prohibition before the Supreme Court against the Department
of Justice, the Comelec and the Joint DoJ-Comelec Fact Finding and Preliminary
Investigation Committee, questioning the legality of Joint Order 001 dated Aug.
15 2011 on serious constitutional and legal grounds.
He added that yesterday the joint panel conducted its first hearing on the
electoral sabotage case filed against the Arroyos.
"We were thus asking that the preliminary investigation be deferred out of
reverence and respect to the Highest Court of the land, and we have filed the
corresponding Motion to that effect.
All that we are asking for is common decency and recognition of the most
elementary courtesy which we believe the DoJ and the Comelec owes to the Supreme
Court and every litigant who comes before these bodies. To insist on the
continuation of the preliminary investigation at this point would be an affront
to the Supreme Court, as it might render moot a Petition which has issues that
not only going to the very existence of the Joint Committee and its right to try
the electoral sabotage case, but which are of transcendental importance to every
Filipino. The Joint Committee must therefore exhibit a becoming modesty of
respect for the Supreme Court's place in the legal system by not preempting its
decision in our Petition. We also call on Sen. Aquilino "Koko" Pimentel to
exercise the statesmanship attendant to his position as a member of the
Philippine Senate – an Elder Statesman – as well as a member of the Philippine
Bar, and must not allow his personal feelings to distort the deference due to
the Judiciary, one of the three Great Departments of the Government, and join
our call for the Joint Committee to suspend proceedings in the meantime.
"If the Joint Committee refuses to suspend its proceedings even in the face
of a constitutional challenge against it before the Supreme Court, it can only
mean that it is not interested in truth and justice, and is merely acting on
orders from a higher power for it to become a dummy instrumentality for
persecution and oppression; in short, a kangaroo court with a deadline and a
judgment of the case already long preordained, before which no citizen cannot
expect justice and fair play, and from which the Arroyos can receive none."
Mr. Arroyo earlier stated that if the probe will continue even though he has
a pending petition before the SC, it will mean that the joint panel "is merely
acting on orders from a higher power for it to become a dummy instrumentality
for persecution and oppression."
"If the joint committee refuses to suspend its proceedings even in the face
of a constitutional challenge against it before the Supreme Court, it can only
mean that it is not interested in truth and justice," he said.
As this developed, Abalos yesterday filed a petition before the SC also
questioning legality of the DoJ-Comelec proceedings, saying the Comelec and
lower courts - not the joint committee – have exclusive jurisdiction over the
matter.
The other week, Mr. Arroyo filed a petition challenging the constitutionality
of the panel's inquiry into the alleged poll fraud. The former first gentleman
stressed the panel's investigation was violative of his right to due process and
equal protection clause.
Former Justice Secretary Alberto Agra also yesterday filed his
counter-affidavit before the same panel and sought the immediate dismissal of
the case. Agra was one of the respondents in the electoral sabotage case.
Agra stressed that his only role in the 2007 polls—referral to a private
lawyer of a provincial election supervisor—was "minimal, innocuous and—more
importantly—completely legal."
In his counter-affidavit, Agra said that other than the "sweeping statement
of alleged conspiracy," no evidence was presented by either the fact-finding
panel or Senator Pimentel to prove his supposed participation in the massive
electoral fraud that North Cotabato provincial election supervisor Yogie
Martirizar had admitted doing for the pro-administration senatorial slate in the
2007 polls.
"The unceremonious filing of the instant case against me without any factual
and legal basis has already brought me so much inconvenience, stress, anxiety
and expense," said Agra in the counter-affidavit he filed last Nov. 11. "It
would serve the purposes of justice if it would be dismissed at this early
stage."
The former president stands accused by the joint panel of giving instructions
to then Maguindanao Gov. Andal Ampatuan Sr. to rig the poll results in
Maguindanao to ensure the victory of Team Unity senatorial candidates, who were
the 2007 administration's bets.
This was apparently the basis of the panel in implicating Mrs. Arroyo to the
electoral sabotage charge and is being used as evidence by the panel purportedly
to establish probable cause, despite the fact that it was hearsay coming from a
claimed witness, apart from which the witness has also been charged as being
involved in the Maguindanao massacre.
Meanwhile, one of Arroyo's legal counsel, lawyer Raul Lambino lambasted the
joint DoJ – Comelec panel, describing it as nothing but a kangaroo court
designed to dance upon to any tune at President Aquino's behest.
"The said panel is a kangaroo body predesigned to leap and dance upon the
beat of PNoy's wand and tune. It has already prejudged the issues as commanded
by PNoy, de Lima and (Sixto) Brillantes," said Lambino adding that the
perpetuation of injustice against the Arroyos is evident and blatant and will
not yet climax in the immediate future.
"In fact, it is expected that PNoy and his lackeys will up the pressure even
more considering the latest survey results on poverty sufferings, minimal
investments, lackluster economy and etc., all negative and unfavorable to the
present administration," Lambino said. Charlie V. Manalo
GMA raps De Lima on usurpation of judiciary, Congress' powers
By Benjamin B. Pulta and Charlie V. Manalo 11/15/2011
Former President Gloria Arroyo's lawyers led by former Solicitor
General Estelito Mendoza, (photo at left)yesterday filed a supplemental petition
before the Supreme Court (SC) yesterday challenging the travel ban imposed on
the former chief executive by the Justice department.
Mrs. Arroyo accused Justice Secretary Leila de Lima of usurping the powers of
the judiciary and Congress by issuing a watch list order (WLO) against her and
her family, which she said is tantamount to a hold departure order that can only
be issued by the courts having acquired jurisdiction over them.
In a 45-page supplemental petition , Mendoza argued that "there is no law
which appoints the respondent DoJ secretary as the appropriate executive officer
or administrative authority authorized to impose limitations on a Filipino
citizen's right to travel."
Likewise DoJ Circular No. 41 does not require that an applicant for an allow
departure order (ADO) must travel only to countries with which the Philippines
has an extradition treaty, Mendoza said in the petition. "Thus, the respondent
DoJ secretary has added a requirement not found in her own department Circular
No. 41," Mendoza explained.
The supplemental petition questions the validity of the Nov. 8,2011 order of
De Lima which formally denied Arroyo's request for an ADO to seek medical
treatment abroad.
The DoJ's Nov. 8 order had been issued a day after Arroyo's lawyers filed its
first petition before the high court challenging DoJ Circular No. 41, which had
been cited by De Lima as her basis for placing Arroyo under the Bureau of
Immigration (BI) watchlist.
Arroyo's Nov. 7 petition along with other suits filed by other respondents in
the electoral sabotage cases being investigated by the DoJ may be taken up by
the SC en banc today when it resumes session. A separate petition challenging
the travel ban before the SC had been filed by former first gentleman Jose
Miguel Arroyo.
In her supplemental petition, her counsel said that "without any factual
basis, respondent DoJ secretary was too quick to impute to petitioner GMA an
intent to
abscond from the Philippine justice system," and said the former president
"as a matter of right, (is) entitled to the presumption of innocence enshrined
in the Constitution,"
Mendoza added that "the DoJ secretary appears to have presumed GMA guilty."
and pointed out that in the countries in Arroyo's declared itinerary which did
indeed have no extradition treaties with the Philippines "the passports of
fugitives may be cancelled and thereupon be the basis of a request for the
deportation of undocumented criminals."
"There is also no statue which vests in the respondent DoJ secretary the duty
and function of determining whether there exists exigencies which bear upon
national security, public safety or public health that would justify the
restriction, curtailment and impairment of a citizen's right to travel by means
of the motu proprio issuance of a WLO and/or an HDO." Mendoza underscored adding
that "neither is there any law which authorized and empowers the respondent DoJ
secretary to issue a WLO and or HDO against individuals subject of a preliminary
investigation before the DoJ or similar agencies, and which prescribed the
limits of the claimed power to restrict or impair the right to travel and the
occasions for its exercise."
Arroyo's lawyers also said it is not true that there were inconsistencies in
the travel itinerary submitted by GMA for medical examination treatment arranged
with doctors in Singapore, Germany and Spain.
"Petitioner GMA could not have committed any inconsistency because she
submitted only one itinerary,temporary at that, in view of respondent DoJ
secretary's delay in acting upon her application for ADO which resulted in the
cancellation of some appointments already fixed with doctors abroad." the
petition explained adding that the lone itinerary was the one submitted by
Arroyo to DoJ on Nov. 3.
"The travel authority issued by the House of Representatives is not
petitioner GMA's travel itinerary. it is simply a list of the countries which
the House authorized her to visit." Mendoza clarified.
"Even assuming that the statement in petitioner GMA's affidavit is considered
an itinerary, the same will show that Singapore and Germany are two of the three
countries listed therein — the same two countries listed in petitioner GMA's
true and actual itinerary. The only difference between the two is that while in
the former, the third country named is Austria, the country listed in the latter
is Spain. How can this solitary change be considered varying itineraries of
petitioner GMA?" he added.
Mrs. Arroyo, Mendoza said "has no control over the period of her medical
treatment, moreso where, as in this case, the start of her treatment cannot even
be fixed because respondent DoJ secretary has denied her application to leave
the country for this purpose."
At the same time, Mrs. Arroyo debunked De Lima's claim she had chosen to go
to countries where the Philippines maintains no extradition treaties saying the
Philippines has signed agreements with all the countries she listed in her
itinerary including Spain which De Lima claims has no existing extradition
treaty with the country.
"The Philippines has a signed Extradition Treaty, a signed Mutual Legal
Assistance in Criminal Matters Treaty and a Transfer of Sentenced Persons
Agreement with Spain, which is one of the countries listed by petitioner GMA for
her medical treatment abroad," the supplemental petition read.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved
PHILIPPINE
HEADLINE NEWS ONLINE [PHNO] WEBSITE
[Non-text portions of this message have been removed]
------------------------------------
-------------------------------------------------------------
Follow us on Twitter: http://twitter.com/phnotweet
This is the PHILIPPINE HEADLINE NEWS ONLINE (PHNO) Mailing List.
To stop receiving our news items, please send a blank e-mail addressed to: phno-unsubscribe@yahoogroups.com
Please visit our homepage at: http://www.newsflash.org/
(c) Copyright 2009. All rights reserved.
-------------------------------------------------------------Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/phno/
<*> Your email settings:
Individual Email | Traditional
<*> To change settings online go to:
http://groups.yahoo.com/group/phno/join
(Yahoo! ID required)
<*> To change settings via email:
phno-digest@yahoogroups.com
phno-fullfeatured@yahoogroups.com
<*> To unsubscribe from this group, send an email to:
phno-unsubscribe@yahoogroups.com
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
