RIGHT TO BE HEARD', GIVES GOVT 5 DAYS
[EARLIER PHOTO - A chief
justice down the road? President Aquino III swears in lawyer-academician Maria
Lourdes Aranal Sereno, his first appointee to the Supreme Court, as the 169th
justice of the 15-member High Court. The 50-year old Sereno is the youngest to
be appointed to the SC in this century. By the time she gets to the mandatory
retirement age of 70 in 2030, she will have acquired the seniority to qualify
her as the first woman chief justice of the Philippines. She took the seat
vacated by Chief Justice Renato C. Corona (left).]
MANILA,
NOVEMBER 18,
2011 (STAR) By Edu Punay - The Supreme Court (SC)
justices who voted against the immediate issuance of a temporary restraining
order (TRO) on the travel ban on former President Gloria Macapagal-Arroyo wanted
to give the government five days to give its side.
SC Associate Justice Maria Lourdes Sereno proposed to set for Nov. 21
comments on the petition, and Nov. 22 for oral arguments before a decision is
reached immediately.
"The only proposition that the minority has posed in today's session is that
the State first be heard before any decision to grant a TRO is reached," Sereno
wrote in her dissenting opinion, wherein she cited inconsistencies in Arroyo's
petition with regard to her illness and travel plans.
SC Senior Associate Justice Antonio Carpio also said, "This should not take
more than five working days."
"Considering there is absolutely no medical emergency that is evidenced by
any of the documents submitted by petitioner Arroyo, the allegations on the
matter remain but mere allegations, and do not satisfy the evidentiary
requirements for a TRO that can be issued ex-parte," Sereno wrote.
Carpio agreed with the Department of Justice (DOJ) that allowing the Arroyos
to leave would frustrate investigations against them and jeopardize public
interest on the government's pursuit of accountability on anomalies during the
previous administration.
"While the right to travel is a constitutional right that may be impaired
only 'in the interest of national security, public safety or public health, as
may be provided by law,' there are recognized exceptions other than those
created by law," he said.
Carpio was referring to the exemption cited in Article III Sections 1 and 6
of the Constitution.
It explicitly provides that the right to travel of a person shall not be
impaired except "in the interest of national security, public safety, or public
health, as may provided by law."
Sereno, President Aquino's first appointee to the SC, said the Arroyos failed
to satisfy evidentiary requirements for a TRO, and instead submitted
"inconsistent and probably untruthful statements" before the SC.
Sereno cited Mrs. Arroyo's claim that her inability "to leave for abroad to
alleviate, or at least, prevent the aggravation of her hypoparathyroidism and
metabolic bone disorder has given rise to the danger that said conditions... may
become permanent and incurable."
Sereno pointed out that the above declaration contradicted an attached
certification issued by Mrs. Arroyo's attending physician, Dr. Juliet
Gopez-Cervantes, which stated that "petitioner (Mrs. Arroyo) should fully
recover from her spine surgery in six to eight months, barring any
complications."
Sereno said this finding was the same as that of Dr. Mario Ver who performed
the series of spinal surgeries on Mrs. Arroyo.
"[H]er own attachments belie the immediate threat to life she claims," she
said.
Justices Carpio and Sereno were two of the five justices who voted against
the issuance of the TRO.
SC spokesman Midas Marquez said their opinions were already passed upon
during deliberations of the justices.
They became the minority opinion since they were outvoted by eight justices
who were for issuance of the TRO, he added.
FROM THE TRIBUNE
Liberals coercing House members to sign resolution supporting
De Lima's defiance By Gerry Baldo 11/18/2011
House resolution out to support Department of Justice (DoJ) move to stop
former President and now Pampanga Rep. Gloria Arroyo's flight.
A House resolution supporting Justice Secretary Leilade Lima's actions in
stopping GMA from fleeing the country is now circulating among the
administration lawmakers.
Sources told the Tribune that lawmakers are being coerced into signing the
resolution.
Speaker Feliciano Belmonte confirmed that there are over 80 lawmakers who
have already signified their support for the resolution.
"It's just an expression of support for the executive… for what Secretary De
Lima did," Belmonte said yesterday even as eight congresspersons have filed a
resolution supporting the "extraordinary political will" shown by the Aquino
administration in preventing the departure of former President Gloria
Macapagal-Arroyo from the country.
The lawmakers said that the government move is in line with President
Aquino's covenant with the Filipino people to be the "nation's first and most
determined fighter of corruption."
The resolution urged Congress to support the administration's resolute
intention not to allow the Arroyos to escape criminal prosecution for plunder
and electoral sabotage, among other charges.
Reps. Joseph Emilio Abaya, Lorenzo Tañada III, Neptali Gonzales II, Irvin
Alcala, Henedina Abad, Kaka Bag-ao, Walden Bello and Mel Senen Sarmiento
introduced the resolution.
It said President Aquino has a social contract with the people to "transform
the false sense of justice from one which money and connections can buy to a
truly impartial system of institutions that deliver equal justice to rich or
poor."
The solons pointed out that Article XI, Section 1 of the 1987 Constitution of
the Philippines states that public officers and employees must at all times be
accountable to the people.
They said that whereas Arroyo is currently being investigated for grave
offenses committed against the Filipino during her term as President and since
the temptation to flee "is exceedingly high," the DoJ disallowed her travel to
safeguard the justice system and allow her to face accountability.
The lawmakers questioned the temporary restraining order (TRO) issued by the
Supreme Court allowing Arroyo to travel abroad, saying it "will hinder the
turning of the wheel of justice and trivialize the efforts of the current
government in the fight against corruption, as well as rendering the case
pending before the SC moot and useless."
The nature of TROs is to require the temporary enjoining of an act and the
preservation of the status quo prior to the resolution of a case, not to render
it moot, they said.
The resolution further said Congress must support the administration on the
issue because:
"The law and the legal process are intended to serve the ends of justice and
not to evade the application of the law;
"Flight is an indication of guilt and the act of fleeing under the cover of
ostensible judicial order is an abuse of the legal process and a malevolent
twisting of the law and the legal process; and
"The Filipino people have the right to know the truth regarding the grave
allegations that former ACT Teachers Party-List Rep. Antonio Tinio today urged
the Arroyo camp to wait for the upcoming oral arguments of the Supreme Court
next week in order to shed light on all the controversies surrounding Arroyos'
bid to leave the country.
"Rep. Gloria Arroyo should just wait until after the oral arguments at the
Supreme Court rather than make another attempt to leave, considering that her
medical condition is not life-threatening," Tinio said.
Earlier, Health Secretary Enrique Ona stated that during his last hospital
visit, Representative Arroyo showed signs of recuperation. In addition, the
Philippine Medical Association had earlier declared there is no need for
Representative Arroyo to go abroad to seek medical treatment, as the country is
equipped with the needed technology and medical experts to attend her medical
condition.
Tinio mentioned that avoiding another forced confrontation at the airport
could probably do wonders for her recovery. "Representative Arroyo should just
sit back and relax so as to prepare herself for the coming oral arguments," he
said.
"Also, the special en banc session of the SC set tomorrow morning shall
include the discussion of a motion to set the oral arguments earlier than the
original schedule which will be on Nov. 22," said Tinio.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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rights reserved
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