DE LIMA VIOLATING GMA'S CONSTITUTIONAL RIGHTS - ALBAY REP. LAGMAN
MANILA, NOVEMBER 7, 2011 (TRIBUNE) By Charlie V. Manalo - House Minority Leader Albay Rep. Edcel Lagman (photo) yesterday lashed out at the Department of Justice (DoJ) for continuously refusing to allow the former president, Pampanga Rep. Gloria Arroyo, to leave the country for medical treatment abroad, saying the issue has no longer become a matter or compassion but more of violating the former leader's constitutional rights.
In a statement, Lagman said that by refusing Arroyo's request to seek treatment abroad, Justice Secretary Leila de Lima has gone overboard, violating the very Constitution the Justice Secretary and the President of the Republic have vowed to uphold.
"It is not a question of compassion, accommodation or even health condition but a matter of the constitutional right to travel which former President Gloria Arroyo must exercise without any impediment or restraint," Lagman said.
He stressed that the right to travel is enshrined in the Bill of Rights which unequivocally provides that "Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law."
Lagman said he finds it rather odd for the administration to continue to refuse Arroyo's request for foreign medical treatment, saying the former President's travel "does not involve national security, public safety, or public health which are the only constitutional limitations to a citizen's right to travel which shall be provided by law."
"Moreover, there is no criminal information filed in any court or tribunal against the former president to justify the delay or denial of her right to fully exercise her freedom to travel," he stressed.
The Albay solon added that he had filed House Bill No. 5111, entitled "An Act Upholding the Constitutional Right to Travel and Granting to the Proper Court the Exclusive Jurisdiction to Issue Hold Departure Orders" to precisely comply with the prescription of the Constitution for Congress to enact a law protecting the right to travel and imposing the aforementioned three (3) constitutional limitations.
Pending the passage of the necessary statute, Lagman said that mere executive issuances will not suffice as compliance to the Constitution and the right to travel cannot be restricted by executive fiat.
He stressed that the inclusion of a person's name in the watch order list of the DoJ is not equivalent to a hold departure order which only the proper court can issue.
Unfortunately, Lagman said that until now the Congress has not enacted the requisite law pursuant to the mandate of the Constitution.
President Aquino and his Justice secretary continued to keep Arroyo and her health condition in limbo as De Lima has again put off her ruling on Arroyo's request to be allowed to leave the country and seek medical treatment abroad.
De Lima claimed that from all indications and a report from Health Secretary Enrique Ona, there is no "immediate and extreme necessity at this point for us to grant the request of the former president", adding that the visit of Ona showed that Arroyo was on the mend as she was already capable of walking around her home and merely felt "discomfort" sometimes as well as stating that the bone biopsy she needs can be performed by the local hospitals and that she can get medical help in the country.
Ona was quoted as saying that a bone biopsy is a simple and minor operation and is a procedure done almost every day in many hospitals here, but he also admitted that there are some types of bone biopsies which are not done in the country.
In reaction, the camp of the former president bared they are now studying legal options against De Lima after her refusal to issue an Allow Departure Order (ADO) for Arroyo.
"It is a dangerous game De Lima is playing. It is not only Mrs. Arroyo's right that is being violated but the rights of others. That is what should be feared from this administration," Arroyo's legal spokesman, Raul Lambino pointed out as he chided De Lima for her pronouncement, saying this only manifests that she had already prejudged the cases against the former leader and her family.
De Lima also mentioned that Arroyo's reason to travel abroad is suspicious, as she has included a large entourage to travel with her.
Sen. Panfilo Lacson pitched in and said the travel request "smells fishy," as he questioned the inclusion of Remedios Poblador, Arroyo's erstwhile secretary for "special concerns," as one of the members of her entourage abroad.
"Isn't it suspicious that instead of strictly family members, it seems that she's bringing with her the whole 'secretariat?'" he said.
He said that while he has no objection to Arroyo seeking the best medical help possible, these three factors cast doubt on her real motives for wanting to leave the country.
Not surprisingly, a Palace ally in the Senate yesterday rallied behind the Malacañang's position effectively banning the former president from seeking medical attention abroad.
Sen. Francis Pangilinan expressed approval on the decision made by De Lima in thumbing down the request of Arroyo to leave the country for medical purposes, saying that the former leader indeed needs to explain her real intentions.
"We support the decision of De Lima. The former president should justify why she has to visit four countries especially since her condition is supposedly serious," Pangilinan said.
Lacson was first to question Arroyo's intention to travel to four countries, noting that her preferred destinations - which include Austria, Germany and Spain – do not have any existing extradition treaty with the Philippines.
"She could not give details of the doctors she will consult with. What makes this more fishy is that of the 14 people in her entourage, most of them are aides," Lacson said.
Pangilinan, a vocal critic of the Arroyo administration, but was once a staunch ally of Arroyo when she was in Malacañang, also pointed out that should the Arroyos disagree with the DoJ's decision, then legal remedies are available to make their case.
"Add to this, there are legal remedies available to them if they would want to challenge it," he said.
Meanwhile, in a You Tube interview, Aquino said his administration has been initiating reform measures to improve the country's justice system, noting that convicting criminals must be the primary consideration.
"We are trying to reform the justice system. That is really the fourth plan of my direct promise to the people which is judicial reform," the President said during Youtube's World View Series held Friday at the Presidential Broadcast Studio in Malacañang.
The President said that in the Philippines it takes six years to adjudicate a case, and in controversial cases it takes several decades to finally settle legal disputes.
"Under our watch I have tasked the Secretary of Justice to reform that prosecutorial system where convictions have to be the primary criteria of having done your job or not," he said.
"None of our efforts will amount to anything if we are not able to convict anybody. If anybody can commit a crime with impunity then there is no disincentive to stop them from doing so. Hence there has to be that conviction, the conviction especially of the principal," he added.
Aquino and his administration is well-known for their trial and conviction by publicity.
It is fact that he has announced that by this month, charges will be filed against the Arroyo couple, despite the fact that there has been no evidence as yet submitted, and no investigations made.
He said where before, a crime is considered solved when the police has identified suspects. This time, a crime is solved with the arrest of the suspects by the police, and filing of the necessary information on the ongoing litigation, the Chief Executive said.
While the government carries out these measures in the justice system, other factors that lead to these conditions are now being addressed, the President added. With Virgilio J. Bugaoisan and Angie M. Rosales
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Chief News Editor: Sol Jose Vanzi
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