DE LIMA, DOH CHALLENGED: FIND BONE EXPERT IN THE PHL FOR GMA
[PHOTO - DOH CHIEF ENRIQUE ONA]
MANILA, NOVEMBER 7, 2011 (STAR) By Paolo Romero - The camp of former President and now Pampanga Rep. Gloria Macapagal-Arroyo challenged yesterday Justice Secretary Leila de Lima and Health Secretary Enrique Ona to find in the country a bone specialist so the former leader need not go abroad for medical consultations and treatment.
Ma. Elena Bautista-Horn, Arroyo's spokesperson, also challenged De Lima to prove her claims that the Arroyos have other intentions aside from getting medical treatment in seeking permission from the Department of Justice (DOJ) to travel several countries, including the US.
Arroyo was placed in the DOJ's watchlist owing to the string of plunder complaints filed against her.
President Aquino earlier said he wants the DOJ to file charges against his predecessor before the end of the month. Her lawyers said the Aquino administration is already violating Arroyo's constitutional right to travel in preventing her from seeking medical treatment abroad.
"I challenge Secretary Ona and Secretary De Lima to give us names of experts on metabolic bone biopsy, or a doctor here in the Philippines who can read the charts, then we will do it (tests) here," Bautista-Horn told the "Punto por punto" segment in ABS-CBN's morning show program "Umagang Kay Ganda."
"Even her doctors here have certified that there is no such expert here," she said.
Arroyo underwent three neck surgeries in July and August where doctors placed titanium screws and mesh to stabilize her cervical spine. While her doctors said she was recovering from surgery, she has a rare condition called hypoparathyroidism that prevents the production of calcium necessary for the full healing of her neck bones.
Her doctors also suggested that she undergo a bone biopsy abroad. The House of Representatives earlier granted her permission to go to Germany, Italy, US, Spain and Singapore from Oct. 22 to Dec. 5. Former first gentleman Jose Miguel Arroyo earlier said they would also try to seek stem cell treatment.
Bautista-Horn said Arroyo had already missed two appointments with doctors in Singapore because of the administration's continued refusal to grant her permission to travel.
De Lima, who was also interviewed in the program, said she just wanted to strike a balance between the individual human rights and the interest of the country.
"We also must have closure in all the pending cases against her," De Lima said over the telephone from Cambodia.
She said she has no reason to doubt the expert opinion of Ona, who visited Arroyo in her residence, that there is no life threatening reason for Arroyo to go abroad.
"I cannot set aside that (medical) opinion," De Lima said, adding that she will decide on the matter once she returns from Cambodia next week.
Ona maintained yesterday that Mrs. Arroyo is recovering well and is far from immediate danger.
"She is just experiencing normal post operation condition like loss of appetite and discomfort, but she is recuperating well," Ona disclosed.
The health chief, however, admitted that Arroyo is also suffering from other medical conditions aside from her bone disorder that may require treatment of foreign specialists.
Highly speculative
Raul Lambino, Arroyo's legal counsel, criticized De Lima for basing her refusal to grant permission on issues that are "highly speculative," such as fears that she would evade prosecution by going abroad.
House Minority Leader Edcel Lagman also said yesterday that the government is violating the constitutional right of Arroyo by barring her from going abroad.
He said the former president, who is part of his minority bloc as representative of Pampanga's second district, should be allowed to go abroad for whatever purpose.
"It's not a question of compassion, accommodation or even health condition but a matter of constitutional right," he said.
The opposition leader has filed a bill which seeks to give to courts the exclusive authority to issue hold departure orders.
"Pending the passage of the necessary statute, mere executive issuances will not suffice as compliance with the Constitution and the right to travel cannot be restricted by executive fiat," he said.
He said even without such law, only the court can bar a citizen from leaving the country.
"Moreover, there is no criminal information filed in any court or tribunal against former president Arroyo to justify the delay or denial of her right to fully exercise her freedom to travel," he added.
Rep. Teddy Casiño of the party-list group Bayan Muna expressed agreement with Lagman that Arroyo's constitutional right to travel is being violated.
He said the administration is risking another defeat in the Supreme Court, where the Arroyos plan to question De Lima's order effectively prohibiting them to go abroad.
"We are against GMA leaving but are worried that she can legally get away with it. What Secretary De Lima or Ombudsman Conchita Carpio-Morales should do is immediately file in court even just one of the many complaints filed with them by private citizens and then get a hold departure order from the courts," he said.
'Bring to court'
Former senator Aquilino Pimentel Jr. urged Arroyo to challenge the watchlist order (WLO) of the DOJ before the court so that she can leave for treatment abroad.
Meantime, Sen. Gregorio Honasan called on De Lima to come up with a definite decision on the request of Arroyo to seek medical treatment overseas right away because the issue could become another matter that could divide the country if it is not addressed at the soonest possible time.
Sen. Francis Pangilinan, on the other hand, expressed support for the initial denial of De Lima of the request of the former president, saying it is incumbent on Arroyo to provide the full details of her planned trip, including the reasons for choosing four countries, all of which do not have an extradition treaty with the Philippines.
For their part, Catholic Bishops' Conference of the Philippines-Public Affairs Committee (PAC) chairman Kalookan Bishop Deogracias Iniguez and former Lingayen-Dagupan Archbishop Oscar Cruz believe the health of the former president should be the primary consideration in deciding whether or not she will be allowed to leave the country.
DOJ decides
Also yesterday, Commission on Elections (Comelec) said it is leaving to the DOJ the decision whether or not to allow Arroyo to travel abroad.
Comelec Chairman Sixto Brillantes said that although they are part of the joint committee investigating the alleged irregularities in the 2004 and 2007 elections, the poll body would not be coming out with any position on the issue.
"We will just let the DOJ resolve the issue because it is the agency in charge of issuing allow departure orders," Brillantes said. - With Jess Diaz, Perseus Echeminada, Marvin Sy, Mayen Jaymalin, Evelyn Macairan
EARLIER FROM THE DAILY INQUIRER
Leila De Lima's Dilemma: Gloria Macapagal-Arroyo's travel By Jerome Aning Philippine Daily Inquirer 2:04 am | Saturday, October 29th, 2011
Former President Gloria Macapagal-Arroyo cannot leave the country yet to seek medical treatment abroad, according to Justice Secretary Leila de Lima who has been given the task of deciding Arroyo's fate by Malacañang.
De Lima said she has asked Health Secretary Enrique Ona to help in evaluating the medical abstract submitted by Arroyo's physician detailing her condition known as cerebral spondylosis.
She said she will be basing her decision to issue an allow-departure order (ADO) for Arroyo on what Ona has to say.
But since she still hadn't heard from Ona by 3 p.m. Friday, De Lima figured the earliest she can make a decision on whether or not to grant Arroyo's request would be next Wednesday, the first working day following the long weekend holiday.
"I would not want to issue the ADO during the break," De Lima told reporters.
Three letters
De Lima confirmed that Arroyo wrote her three letters asking to be allowed to go abroad for medical treatment and promising that she will not "escape the process" at the DoJ. The latest was sent on Oct. 24 and attached to it was the medical abstract, De Lima said.
Not having the expertise to evaluate the medical abstract, De Lima said she had to approach Ona for help and was waiting for the results of his evaluation.
"The reason I'm doing this is that I'm just exercising due diligence, extra caution and prudence that before I make the decision on whether or not to issue an ADO, I have the benefit of all these facts and insights so that we won't make a wrong decision. I said before that this decision is difficult to make so I'm balancing everything," she said.
Exceptional reason
She said the primary consideration in the issuance of an ADO is the presence of "exceptional reason."
"Crucial to this question of exceptional reason is the actual medical condition of the former President. Is there an urgency, an extreme, compelling necessity for her to seek medical treatment abroad at this time?" she said.
Arroyo, 64, recently underwent a series of surgeries to insert titanium implants to correct four afflicted levels of her spine and for the replacement of the implants after these were dislodged because of a rare condition that affects calcium production in her body, which aggravated her neck and spine problems. The former President can be seen wearing a neck brace in newspaper photos.
Ona to decide on Arroyo's checkup
De Lima said she was leaving it up to Ona to decide if he would want to personally check on Arroyo, although De Lima said Ona knew that the matter was urgent.
Arroyo's spokesperson has said she was prepared to leave as soon as she is given an ADO. The Pampanga representative was given permission by the House of Representatives to travel to Singapore, Spain, Germany, Italy and the United States from Oct. 22 to December for medical treatment.
However, the Department of Justice placed Arroyo on the immigration watch list the other day for being one of the accused in the electoral sabotage cases being investigated by a joint panel of the DOJ and the Commission on Elections. She cannot leave the country without clearance from the DOJ.
Weighing things up
De Lima said she will consider all factors so that she can make a judicious decision.
"I'm weighing things up. I have to be careful here. The decision should be correct. Some sectors will complain whether I allow her to leave or not," she said.
She said she would also balance the national interest with individual rights and would uphold the DOJ's policies on restricting travel of people suspected of high crimes.
"What if the people who are charged disappear? The cases would not move on. How will there be closure? These are high crimes… If people who should be charged leave the jurisdiction of our courts, what kind of closure shall we have? This is all about justice and accountability," she added.
In Malacañang, presidential spokesperson Edwin Lacierda said Arroyo's letter to De Lima as well as the other requirements that were asked and submitted—"an undertaking, sub-authority and medical abstract"—would have to be studied.
As to whether Arroyo would be allowed to travel after these requirements are met, "we would have to defer to Secretary De Lima," he said.
Legislators pro and con
Three of Arroyo's party-list colleagues in the House yesterday opposed the grant of a permit to travel, warning that President Aquino's anticorruption campaign would crumble if she is allowed to leave.
It will show that Mr. Aquino has failed in his campaign promise to make Arroyo "account for her crimes," said Bayan Muna member Teodoro Casiño.
Antonio Tinio (Alliance of Concerned Teachers) said Arroyo's busy travel schedule—five countries in one month—proved that her health has been improving.
"Such a schedule would be taxing even for a healthy person. Perhaps GMA is not being entirely transparent about the purpose of this trip. Given the implausible nature of her request and the gravity of the charges against her, Malacañang would do well to deny it," Tinio said.
Neri Colmenares (Bayan Muna) said there was no compelling reason for Arroyo to leave because she has to prove that no local doctor or facility would be able to address her "rare disease."
Other House members however, said they did not believe Arroyo's being allowed to travel would affect the President's ability to deliver on his campaign promise to jail those responsible for massive corruption in the past administration.
Condemned by history
"I can't think how that would inveigh against the crusade to hold Congresswoman Arroyo accountable for all her perfidies. She is demonstrably sick and entitled to medical care corresponding to the gravity of her illness," said Isabela Rep. Giorgidi Aggabao.
Walden Bello (Akbayan) said the President's seriousness about his anticorruption crusade should be balanced with a concern for life and health.
"You can't allow a convict to die or suffer serious physical illness while under your custody. The person on trial here is GMA. Will she use her need for medical treatment to escape accountability or will she, like Erap did a few years ago, return to face the music? Her not returning would be a virtual admission of guilt and permanent exile would be her punishment. Besides, cases against her cronies and accomplices will continue to be pursued," said Bello.
Quezon Rep. Lorenzo Tañada III said that Arroyo's trip would not mean she was evading liability from the cases filed against her.
"If she refuses to return, then obviously she is guilty and will be condemned by history," he said.
Illegal and unconstitutional
Two of the President's Senate allies have assailed De Lima's watch list order against Arroyo as illegal and unconstitutional
Sen. Franklin Drilon said the right to travel is a constitutional right and its restriction through a watch list order that has the effect of a hold-departure order is illegal.
He urged De Lima to revoke the circular issued by her predecessor Alberto Agra, which was apparently made the basis of the watch list order against Arroyo.
Sen. Francis Escudero said only the courts can issue a hold-departure order and warned the Aquino government against using the "oppressive" Agra circular against Arroyo.
Estrada redux
Deposed President Joseph Estrada yesterday said he saw nothing wrong with the strictures that the Aquino government is placing on his predecessor's travel plans.
Estrada said he had received "very reliable" information from doctors that Arroyo had already recovered from her ailment.
"That's why I think there should be a thorough checkup to determine if she really has to go abroad for further treatment. It has to be ascertained that we don't have sufficient equipment and experts to take care of her. If she's really sick, then she can go," he said.
Estrada said Arroyo may be using her medical condition to evade prosecution.
"She might try to escape. Because with all her crimes here, she cannot escape," he said in Filipino.
Estrada himself was let out of house arrest and allowed to travel for 20 days to Hong Kong to undergo various medical examinations and procedures, including eye and knee surgeries, in 2004.
But in the Estrada case, he was already on trial for plunder at the Sandiganbayan antigraft court, which convicted and sentenced him to 30 years in prison in 2007. He was almost immediately pardoned by Arroyo. With reports from Gil C. Cabacungan Jr., Norman Bordadora and Christian V. Esguerra
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