SENATORS TO CORONA: INHIBIT YOURSELF FROM GMA CASES
[PHOTO LEFT - CHIEF JUSTICE
RENATO CORONA]
MANILA,
NOVEMBER 25,
2011 (TRIBUNE) Power won't last forever, Chief Justice
Renato Corona seemed to caution government lawyers yesterday during the oral
arguments into the suit filed by the Arroyo camp challenging the travel ban
imposed on them by the Department of Justice (DoJ).
Near the end of the hours-long grilling of Solicitor-General Jose Anselmo
Cadiz who argued for the government's position, the Chief Justice asked,
"Suppose in six to seven years, present officials are being hounded by political
enemies, don't you think the courts should protect their rights?"
Cadiz replied that the case "is not about vengeance. This is about
accountability," to which Corona retorted "it could be GMA (Gloria
Macapagal-Arroyo), it could be Juan de la Cruz. The name, personality are not
important, we have a court of law."
President Aquino, together with all his allies, in the Palace and in
Congress, has been working to discredit former president Gloria Arroyo's
appointees in the high court, especially the chief justice, to the point of
President Aquino having the high court's temporary restraining order issued
against the Department of Justice's watch list order defied while preventing the
departure of the Arroyo couple at the airport, shortly after the TRO was issued.
Aquino also, in his speech delivered during the National Bureau of
Investigation's 75th anniversary hinted broadly that more rulings by the high
court which will be judged by him as unfavorable to his government and biased in
favor of a select few's interest will be defied, saying that justice, reason,
truth and the Filipino people are on his side.
A continuation of the oral arguments is scheduled on Thursday next week.
During the proceedings, Associate Justice Roberto Abad asked Justice
Secretary Leila de Lima in open court to clarify a statement published in the
press attributed to her where she apparently vowed that the former president
would be behind bars by Christmas.
De Lima claimed the statement was made by Commission on Elections chairman
Sixto Brillantes and claimed they "had been misquoted," a usual excuse being
made by public officials, despite the fact that they had indeed uttered such
statements, following Aquino's statement while he was abroad that the cases
against the former president will push through by November this year.
Mrs. Arroyo was quickly charged with speed this month for electoral fraud
punishable by life imprisonment and is a non-bailable offense, if the evidence
is strong.
With equal speed, or a space of just two hours from the filing of the case,
Arroyo was issued a warrant of arrest by a Pasay City Regional Trial Court
judge.
Abad in a heated exchange with Cadiz said that while he agreed that there is
a need for a mechanism for the government to prevent persons who are facing
possible criminal prosecution from fleeing, the method resorted to by the DoJ in
GMA's case was defective.
"You are making the Secretary of Justice a judge. You have sway over the
legislative. If tomorrow you pass a law, there is no problem." Abad said as he
pointed out that Arroyo, like all other accused "enjoys a presumption of
innocence."
For her part, Associate Justice Lourdes Sereno in pointing out that the DoJ
has inherent powers to limit the right to travel of individuals drew a
parallelism in the case of the former strongman Ferdinand Marcos' case before
the Supreme Court when the latter sought to return to the country from exile in
Hawaii.
Former first gentleman Jose Miguel Arroyo's lawyer Ferdinand Topacio argued
that "the bill of rights must take superiority over the unwritten residual
powers of the president."
"If it was wrong then it is wrong now. We have seen the effect of untrammeled
executive power," Topacio said.
Senior Associate Justice Antonio Carpio also grilled Cadiz who failed to
provide a specific law authorizing DoJ Circular No. 41 , the DoJ's basis for
placing Arroyo in the Bureau of Immigration's watch list.
Carpio explained that while the Constitution provides that only a judge may
limit the liberty of abode there is "no such limitation" on the "right to
travel."
Carpio, an appointee of Arroyo but who is perceived to be leaning toward the
Aquino administration and has dissented many times in the SC's rulings
unfavorable to President Aquino, noted that the reason for the difference is
that the right to travel "involves quick action" and "maybe impaired by an
executive officer."
Carpio however chided Cadiz after the latter cited the Administrative Code as
the legislative basis for the DoJ circular.
Asked to provide a specific provision of the Administrative Code, Cadiz
failed to convince Carpio who said that the statement was "a motherhood
statement in the Administrative Code and does not apply to the hold departure
orders."
"These are general statements but come with the broad powers of the Secretary
of Justice.What you cited does not specify the power. That is not the law
contemplated in the Constitution." Carpio said.
Associate Justice Bienvenido Reyes for his part dwelt on the residual powers
of the chief executive.
Separate suits were filed before the Supreme Court by the embattled spouses
Arroyo challenging the validity of the hold departure orders issued by the
justice department (DoJ) preventing their travel abroad.
The Arroyos invoked their constitutional right to travel in their petitions.
In her 41-page suit, the former chief executive asked the high tribunal, to
declare as unconstitutional Department Circular No. 41 which gives the DOJ the
power to issue
"Inclusion in a watchlist order means that the traveler must first seek the
prior permission of the Secretary of Justice before one can exercise his
constitutional right to travel or that his travel must be delayed involuntarily.
The mere imposition of this requirement upon a hapless citizen, such as
Petitioner, constitutes a degrading impairment of one's constitutional right to
travel. This prior requirement or forceful delay before Petitioner can travel
outside the Philippines, is a clear impairment of his right to travel and which
is expressly prohibited by Article III, Section 6 of the 1987 Constitution.
"Indeed, to be given the right to travel but with the requirement that he
must first seek the permission of a stranger or to first await the passage of
time in order to exercise it is like "a promise to the ear to be broken to the
hope, a teasing illusion like a munificent bequest in a pauper's will." Mike
Arroyo's lawyer Topacio said in his pleading.
The Arroyos also questioned the DoJ's position to use the criminal complaint
by Sen. Aquilino "Koko" Pimentel against him as basis for his inclusion in the
watchlist.
"In addition to the clear absence of factual basis, the allegations in
Senator Pimentel's complaint before the joint DoJ-Comelec committee is clearly
hearsay. What then would be the factual basis for a Watchlist Order? Can a rumor
be the basis of a Watchlist Order? Senator Pimentel III, in contrast to the DoJ
Fact-Finding committee, did not conduct any fact-finding." Arroyo added in his
petition.
Meanwhile, a Pasay City court has ordered three doctors of the former
president to testify on her health condition.
Those summoned to appear in Friday's hearing were Dr. Juliet Cervantes,
Arroyo's attending physician; Dr. Mario Ver, orthopedic surgeon; and Dr. Roberto
Mirasol, endocrinologist, all from the St. Luke's Medical Center in Fort
Bonifacio, Taguig City.
According to Pasay Regional Trial Court (RTC) Branch 112 Clerk of Court Joel
Pelicano, the court issued the subpoena after the Commission on Election
(Comelec), which filed electoral sabotage charges against Arroyo last week,
sought explanation on her current health condition to determine if her continued
hospital arrest is necessary.
"There is urgency in this because both camps (prosecution and defense) want
to hear from her attending doctors. In this case, the prosecution wants to know,
as their motion said, her real medical condition, while the defense wants to
continue her hospital arrest," he added.
Aside from the Pasay RTC, the SC has also been asked to summon Arroyo's
doctors for the same reason.
The Senate also announced it would summon the doctors next week on its
inquiry into the alleged cheating in the 2004 and 2007 elections.
Earlier, St. Luke's vice president for communications Marilyn Lagniton said
their doctors were ready to appear before the court to explain the status of
Arroyo's health.
The Pasay RTC is also expected to tackle the motion filed by the Comelec for
the issuance of a hold departure order (HDO) against Arroyo.
Pelicano said the court may issue an order on the HDO on Friday, or Monday
depending on the arguments presented by both camps.
Arroyo's camp is questioning the jurisdiction of the lower court over the
case, saying the proper forum should be the Sandiganbayan.
Malacañang, for its part, said the government would scrutinize and test, not
just the expertise but also the honesty of the medical doctors who attested that
Arroyo needed to go abroad for medical treatment in its bid to justify its
refusal to abide by the TRO issued by the SC.
Presidential spokesman Edwin Lacierda, in a press briefing, welcomed the
decision of Arroyo's doctors to appear before the SC to testify on the condition
of their patient, saying their testimony would put to test the veracity of their
claim that the former president's medical condition is life-threatening.
"We welcome that. We also would like to hear from them. Like we said, the
doctors themselves will be in the position to determine the actual medical
condition of the former president," he added.
"They have to answer several questions: was there, from the very beginning, a
life-threatening condition? If it was life-threatening, does it mean that the
operation made by the St. Luke's doctors was not successful that's why it became
a life-threatening condition? These things the doctors should be made to answer.
And, also, what is the current medical condition of the former president? Is
anorexia nervosa, as mentioned, the same basis for putting her in hospital
arrest? So those are the questions that they may need to answer," he pointed
out.
The testimony of the doctors, Lacierda said, would also help the government
determine if indeed there's a need for Arroyo to stay under hospital arrest, as
he maintained that as far as the government is concerned, the former president
is not suffering from a life-threatening condition based on the medical abstract
which was reviewed and analyzed by Health Secretary Enrico Ona.
He noted that in Arroyo's medical certificate the doctors have said her
condition was improving and, hence, "we don't understand why the Supreme Court
failed to realize that medical certificate — that particular content in that
medical certificate." With Pat C. Santod and Virgilio J
Bugaoisan
Yellow senators want Chief Justice to inhibit self from all
GMA cases By Angie M. Rosales 11/25/2011
[PHOTO - THE 'YELLOW' SENATORS: FRNK DRILON. KIKO
PANGILINAN]
Two of President Aquino's staunch defenders in the Senate yesterday pressed
the inhibition of Supreme Court Chief Justice Renato Corona from all the cases
involving the former president, Pampanga Rep. Gloria Arroyo, who appointed him
to the high tribunal post.
While both, Senators Franklin Drilon and Francis Pangilinan, claimed in their
twin calls that the call for Corona's inhibition is to spare the judiciary from
any cloud of doubt in the handling of Arroyo's cases, they intimated that the SC
Chief Justice is biased in favor of the former president.
"He was, consistently without fail, supporting GMA (Arroyo) in all the cases
that came before the SC involving then President GMA (Arroyo) during the tenure
of the former president when cases came up before the SC," said Drilon before
reporters, appearing as guest at the weekly news forum.
"I am appealing to Chief Justice Corona to inhibit himself from the cases
involving former President Arroyo," he added.
Drillon, however, did not ask for the inhibition of at least three other high
court justices appointed by President Arroyo who have been coming out with
decisions favorable to Aquino and Malacañang.
Drilon underscored at least four reasons he has taken this stance at this
time against Corona: one, that the SC Chief Justice once served as
chief of staff and spokesman for the former leader before she became
president; as a supposed "midnight appointee" of Arroyo; his being allegedly
partial to the former president; and perception of "animosity" with President
Aquino.
Drilon, however, failed to call for the inhibition of Associate Justice
Antonio Carpio, who was in the forefront of the ballot watchdog group of then
vice presidential candidate Arroyo as well as being her ghost writer for that
letter of Arroyo to the Supreme Court justices calling on them to swear her in
as president since the military and "civil society" have withdrawn their support
for then sitting president Joseph Estrada. Carpio also served as legal counsel
of Arroyo and his voting pattern then was biased in favor of Arroyo. He became a
foe of Arroyo only after the fallout between Arroyo and The Firm, to which
Carpio is linked. He today also votes favorably for the Palace and against cases
involving the former president.
Justice Lourdes Sereno, an appointee of Aquino, has also been consistenly
biased in favor of Aquino.
Drilon claimed that as then chief of staff of Arroyo while she was still vice
president, the SC chief justice had to take positions that required him to
engage in partisan politics, which also applies to Carpio.
"Second reason, he was called a midnight appointee and when he was appointed
by the former President as SC chief justice in May of 2010. This created a lot
of controversy. Of course, this has been legally affirmed by the SC itself, but
nevertheless, in the public perception, in the bar of public opinion, it cannot
be denied that this appointment would create the impression in the public mind
that he is a favored Justice of former President Arroyo.
Drilon, however failed to point out that if Aquino had appointed the CJ, he
would have named either Carpio or Carpio Morales, who are also perceived to be
biased in favor of Aquino.
"Third, the record of the Chief Justice as a member of the SC is untarnished
by any vote against the policies of Arroyo," said Drilon, without mentioning the
fact that the Aquino appointed justices and Carpio's vote also remain
untarnished by votes in favor of Aquino's policies.
"Fourth, of course again this perception that there is personal animosity and
disappointment by the chief justice when it was (former SC) Justice Conchita
Carpio-Morales who was asked to administer the oath of the President (Aquino).
"I submit that like Ceasar's wife, the Supreme Court, as well as the Chief
Justice must be beyond suspicion on its objectivity and impartiality. The
voluntary inhibition of the chief justice from all cases involving Arroyo will
certainly erase all doubts about the impartiality of the SC and will eventually
strengthen the SC as one of the democratic institutions in our system of
government," he added.
Public trust is to the strength of the high tribunal as an institution of
democracy, the senator emphasized.
"We cannot afford to have the courts, or to have a situation, where the trust
in the court is eroded because of the perception of lack of impartiality. We
cannot afford to have a situation where the confidence of the people on the
court is eroded. This is a very frightening situation where the people will not
believe that the court is impartial. It is for that reason, for the sake of the
SC, for the sake of our democratic institutions, we call on him to inhibit
himself from the deliberations involving the cases of Arroyo," said Drilon.
Sen. Kiko Pangilinan echoed the call for Corona's inhibition from the cases
involving the latter's "former boss."
Besides, Pangilinan also stressed, that Corona has been widely criticized for
being a "midnight appointee" of Arroyo.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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rights reserved
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