LEAVING / SC ALLOWS GMA TO TRAVEL
[PHOTO
- Former President Gloria Arroyo, wearing neck brace and face mask, arrives at
Ninoy Aquino International Airport Tuesday night after the Supreme Court blocked
a government travel restraint. She came in an ambulance and was accompanied by
son Mikey. The ex-leader and her husband Mike were scheduled to leave for
Singapore . PHOTO BY JESSIE
LAURET]
MANILA,
NOVEMBER 16,
2011 (MANILA TIMES) TENSION and bedlam reigned at the
Ninoy Aquino International Airport (NAIA) when President Gloria Arroyo and her
husband Jose Miguel tried to leave for Hong Kong late Tuesday, hours after the
Supreme Court issued a ruling allowing them to leave.
Unfazed by a threat earlier issued by Justice Secretary Leila de Lima that
the government will not allow them to leave, Mrs. Arroyo arrived at the NAIA
terminal 1 at around 8:30 p.m on board an ambulance. She was then wheeled into
the terminal. However, immigration authorities prevented the couple from
leaving. The Arroyos booked a Dragon Air flight KE 932 to Hong Kong.
Mrs. Arroyo's son Rep. Mikey Arroyo was also seen at the airport, as well as
the former leader's spokesman, Elena Horn-Bautista, who later broke the news
that the Arroyo couple was barred from leaving.
Hordes of reporters and photographers watched the drama that unfolded as the
Arroyo camp maintained that the former president can now legally travel abroad.
The Justice Secretary, in a press briefing at Malacanang, earlier said she
had ordered airport, immigration and transportation officials to see to it that
Mrs. Arroyo and her husband will not leave the country. She said the Watch List
Order issued by her department remains in force because she has not seen a copy
of the Supreme Court ruling that upheld the Arroyos' constitutional right to
travel.
Earlier in the day, Mr. Arroyo told a television interview that they were to
fly to Singapore, and then to Spain, then to Germany. The Arroyos has listed six
countries in their request for travel.
The SC ruling dealt a severe blow to the government's bid to keep the former
leader here to ensure that she will face the criminal charges yet to be filed
against her.
Eight justices voted to grant the Arroyo couple's petition for a temporary
restraining order, five voted against, while two justices were on leave.
Among those who opposed the issuance of a TRO were appointees of President
Benigno Aquino 3rd. — Associate Justices Bienvenido Reyes, Maria Lourdes Sereno
and Estela Perlas-Bernabe.
Those who voted in favor of a TRO were Chief Justice Renato Corona and
Associate Justices Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas
Bersamin, Roberto Abad, Martin Villarama Jr. and Jose Perez.
Associate Justices Antonio Carpio and Jose Catral Mendoza opposed the grant
of a TRO. Associate Justices Teresita Leonardo-de Castro and Mariano del
Castillo were on leave.
The High Court, in upholding the Arroyos' constitutional right to travel,
noted that no charges have been filed against the couple.
The justices, however, only voted on the ancillary remedy for the issuance of
a TRO, not the merits of the case.
The TRO takes effect immediately but it can be lifted by the justices
anytime. SC spokesman and Court Administrator Jose Midas Marquez, however,
clarified that the High Tribunal imposed several conditions that the Arroyos
should comply with.
Marquez said that the Arroyos were ordered to post a bond of P2 million for
both of them, they should report to the consulate or embassy in the countries
they will be visiting and they were asked to name their legal representative to
receive the legal processes and subpoenas.
The SC also ordered the Department of Justice (DOJ) to submit its comment on
the petition of the Arroyo couple within a "non-extendable" period of three days
from Tuesday.
Marquez said that the "majority thought that the issuance of the TRO at this
time is consistent with the constitutional presumption of innocence."
De Lima in dilemma A few hours after the issuance of the SC ruling, de Lima
ordered Immigration, transportation and airport authorities to prevent Mrs.
Arroyo from leaving after she was informed that the Arroyos were able to book
flights to Singapore and other countries.
During a press conference, de Lima said that President Benigno Aquino 3rd was
frustrated by the ruling and ordered her to "do what is necessary under the
circumstances."
She added that she sent a letter to Transportation and Communications
Secretary Manuel Roxas 2nd to order his personnel to get hold of the Arroyos at
the NAIA.
De Lima alerted the Philippine National Police's aviation group and the
National Bureau of Investigation to help aviation authorities and the
immigration personnel.
"Since we have yet to receive the official copy of the TRO from the Supreme
Court, the Watch List Order (WLO) is still in effect," she said.
The Justice secretary admitted though that authorities cannot arrest the
Arroyos since no complaint has been filed against them in court.
The Arroyo camp, however, threatened to file contempt charges against anyone
who will stop the former president from leaving.
Ferdinand Topacio, legal counsel for Mr. Arroyo, said that the Arroyo couple
were set to leave last night for Singapore and then to Spain.
"It is within the right of the Arroyos to travel abroad after the Supreme
court issued a TRO. "The Supreme Court has already spoken," he said.
Topacio added that he will act as the authorized legal representative of Mr.
Arroyo as required by the SC.
Topacio showed reporters a copy of his special power of attorney, which was
signed by Mr. Arroyo.
Former Solicitor General Estelito Mendoza was reportedly appointed as the
authorized legal representative of Rep. Arroyo.
Mrs. Arroyo and her husband are facing a number of plunder and electoral
sabotage complaints.
The plunder cases filed before the Office of the Ombudsman are yet to be
acted upon and the electoral-sabotage case being prepared by the Justice
department and the Commission on Elections is yet to be filed in court.
De Lima said that the Arroyos were able to book flights to Singapore from 4
p.m. onward but their flights were cancelled because they failed to appear.
She also got reports that the Arroyos were able to book three more flights in
the evening — 7:35 PR 505, 7:55 p.m. SQ 921 and a Dragon Airline flight at 9
p.m.
Mrs. Arroyo had been wanting to leave to seek medical treatment abroad.
She is suffering from hypoparathyroidism disorder, bone mineral deficiency
and cervical spine problem.
The Justice chief said she was puzzled by the TRO.
"This TRO effectively rendered the [WLO] moot and academic. They practically
ruled that the WLO is unconstitutional," she noted.
De Lima sad that oral arguments have been scheduled for Tuesday.
Although they supported the Supreme Court ruling, Senators Francis Escudero,
Panfilo Lacson, Franklin Drilon and Jose "Jinggoy" Estrada pushed for immediate
filing of charges against Mrs. Arroyo.
Drilon said that de Lima has pushed the limits of her power but she should
respect the High Court's ruling.
He added that the DOJ's only recourse is to file charges against Mrs. Arroyo
and ask for a Hold Departure Order (HDO) "since the circular used for the travel
ban was unconstitutional from the very start."
Sen. Miriam Defensor-Santiago said that the SC was right in its ruling.
The High Court, according to her, had no choice but to allow the Arroyos to
leave because Congress has never passed a law defining the meaning of national
security, public health and public order—the bases for prohibiting someone from
traveling abroad.
Former President Joseph Estrada also on Tuesday said that Mrs. Arroyo has a
constitutional duty to stay in the Philippines.
With Reports From Jefferson Antiporda, Ruben Manahan 4th
and Llanesca T. Panti
FROM MALAYA
SC allows GMA to travel BY GERARD
NAVAL
( SC Holds that in absence of raps, movement can't be
curtailed)
THE Arroyo appointee-dominated Supreme Court yesterday cleared the
way for Rep. Gloria Arroyo to leave the country and seek medical treatment
abroad as it issued a temporary restraining order on the implementation of watch
list orders issued by the Department of Justice against the former president and
her husband Jose Miguel "Mike" Arroyo.
"The majority of the justices believe that the continued inclusion of
petitioners (Arroyos) in the watch list order might probably work as injustice
to them," SC spokesman Jose Midas Marquez said in a briefing.
He said the Supreme Court also noted that the constitutional right to travel
and the presumption of innocence should be upheld especially since no case has
been filed against the Arroyos.
Marquez also said the TRO would be in effect for an indefinite period, or
until lifted by the tribunal.
Voting was 8-5.
In favor of issuing the TRO were Chief Justice Renato Corona and Associate
Justices Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin,
Roberto Abad, Martin Villarama Jr., and Jose Perez. All eight were Arroyo
appointees.
The five justices who objected to a TRO were Senior Justice Antonio Carpio
and Associate Justices Maria Lourdes Sereno, Bienvenido Reyes, Estela
Perlas-Bernabe and Jose Mendoza.
The last three were appointed to the tribunal by President Aquino.
Associate Justices Mariano del Castillo and Teresita Leonardo de Castro did
not take part in the deliberations as they are on leave.
Marquez said the court set three requirements for the Arroyos to travel:
posting of a cash bond of P2 million; appointment of a legal representative who
will receive summons on their behalf; and calling or personally reporting to the
Philippine embassy or post in the country where they are going.
"(Conditions were imposed) because of allegations that they (Arroyos) are
going to leave or flee, so we just have to put some measures just to let the
Court know where they are," explained Marquez.
The Arroyos, in separate petitions filed Thursday last week but later
consolidated by the court, asked for the TRO as they questioned the watch list
orders issued against them by Justice Secretary Leila de Lima.
The orders, which De Lima has said were based on DOJ Circular No. 41 issued
during the Arroyo administration, prevent the Arroyos from leaving the country
without seeking clearance from De Lima.
The Arroyos, in their petitions, said the DOJ circular and the watch list
order violate their constitutionally guaranteed right to liberty and to travel.
Marquez said the court's decision can be appealed.
The high court set oral arguments for the case on November 22.
The Arroyos, through lawyer Ferdinand Topacio, posted the P2 million bond at
the SC office in Manila at around 6:30 p.m.
The cash, contained in a black-and-white gym bag, was accepted by SC
Collection and Disbursement officer Araceli Layuga.
Topacio said he was also appointed by the Arroyos as legal representative who
will receive summonses on their behalf.
The payment was delayed for a few hours as the SC cashier required a copy of
the TRO before accepting the cash bond. Topacio obtained the copy around 6 p.m.
The Arroyos' representatives arrived at the SC office past 4 p.m.
Asked if the Arroyos were set to leave, he said: "Sana nga po (makaalis na
sila). Alam niyo po ay maselan na ang kalagayan ng dating pangulo at kailangan
ng siya ay magamot."
EARLIER MALAYA REPORT
Immigration agents prevent GMA, Mike from boarding plane
BY JAY CHUA
FORMER President and husband Jose Miguel Arroyo thought they had ended a day
of airport watching when they arrived at the airport to board a Dragon Air
flight KA 932 flight to Hong Kong, hours after the Supreme Court had held that
they could not be stopped from traveling.
But immigration agents barred the couple from entering the departure area,
invoking the watchlist order. The flight left without them as scheduled at 9 pm.
The Arroyos had booked themselves on five flights for Hong Kong and Singapore
since Monday, leading media on a wild goose chase.
Insistent to the end, Justice Secretary Leila de Lima said the watch list
order (WLO) still stands because the government, specifically the Office of the
Solicitor General, has not received its copy of the temporary restraining order.
De Lima's stand clashed with that of Supreme Court spokesman Midas Marquez
who said the TRO took effect immediately upon release, and not once all the
parties have received their copies.
The Arroyos complied with two of the three requirements of the high court –
posting of a bond of P2 million and appointing a representative who will receive
summonses on their behalf.
Last Monday, the Arroyos were booked on Cathay Pacific flight CX-903 for Hong
Kong, but did not show up for the departure time of 6:45 p.m. at the Ninoy
Aquino International Airport Terminal 1.
Yesterday, the couple booked again on Singapore Airlines SQ-916, scheduled to
depart at 5:55 p.m. for Singapore, and flight SQ-921, also for Singapore,
scheduled to leave at 7 p.m.
The name of the first couple also appeared in the passenger manifest of
Philippine Airlines flight PR-505, scheduled to leave at 7:35 p.m.
Dragon Air, a low cost carrier of Cathay Pacific, was scheduled to depart the
Ninoy Aquino International Airport Terminal 1 at 9:30 p.m.
De Lima, in a press conference in Malacañang, said she had ordered the Bureau
of Immigration and requested Transportation Secretary Manuel Roxas II to direct
the Civil Aviation Authority of the Philippines and the NAIA management to
"exhaust all actions" to implement the WLO, which was the subject of the TRO.
She said the NBI, PNP, and other law enforcement authorities should bar the
Arroyo couple from leaving any of the country's airports. How the bar was to be
enforced she did not say, but she did say the Arroyos cannot be arrested because
there is no warrant of arrest against them.
The Arroyo lawyer, Ferdinand Topacio said he was set to meet with Mr. Arroyo
to discuss a dignified exit.
"Ayaw naman namin ng eksena sa airport kung saan igigiit namin na kami ay
aalis at pipigilan naman kami. For us, this is very undignified for a former
president. Titingnan namin ano ang magandang diskarte upang maiwasan ang
ganitong sitwasyon," he said.
De Lima said she met with President Aquino before her press conference at
Malacañang, which was around 5 p.m., and the President told her to do what's
necessary under the circumstances.
She said Aquino was "dismayed and frustrated." – With
Regina Bengco and Gerard Naval
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved
PHILIPPINE
HEADLINE NEWS ONLINE [PHNO] WEBSITE
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