NOY ADMIN WORSE THAN MARCOS GOVT / DOMINICAN FM DENIES 'ASYLUM' REPORT
MANILA, NOVEMBER 13, 2011 (TRIBUNE) By Angie M. Rosales - Former Human Rights lawyer Sen. Joker Arroyo expressed alarm over what he said is an "unhealthy trend" the Aquino administration has been adopting in treating issues concerning former president, Rep. Gloria Arroyo.
Senator Arroyo described the Aquino administration as worse than the Marcos regime, citing President Aquino's father, the late Sen. Benigno "Ninoy" Aquino, as an example in pointing out the human rights issues when the latter's health became a primordial concern of the then government.
The issue of Mrs Arroyo's travel, which has reached the Supreme Court is worrisome as it is unfortunate, the senator said, pointing out that the issue now surrounding her has become a rights case.
"We have become a very litigious country. And strangely, the government encourages that unhealthy trend. Take GMA's (Arroyo's) case. Over and above the weighty constitutional issue of the right to travel, is the overriding issue of human rights, a universal battle cry.
"Human rights is akin to Christian charity. The human body is inviolable. The Constitution prohibits cruel, degrading or
inhumane punishment," Senator Arroyo, who was once the Executive Secretary of Aquino's late mother, former President Corazon Aquino, said.
This was exercised by the Marcos administration, the senator narrated, sometime in 1975 when Ninoy Aquino, then the No. 1 detainee during martial law, started a hunger strike in protest over the abuses and excesses of martial law.
"The public did not know that because of the suppressed press except for a few who attended the evening masses in a Greenhills church dedicated to protecting Ninoy's health and preserving his sanity because he subsisted only on salt and water during the fast.
"Ninoy's military captors tried to feed him but Ninoy refused. He declared that he was going to fast to the death. That was the iron will in Ninoy's being ready to die if necessary for his countrymen who did not even know what he was doing for them," he said.
"When his fast was reaching the irreversible point, the martial law rulers got alarmed because Ninoy refused to budge," the senator said.
The so-called military handlers of the then already weak Ninoy Aquino were compelled to bring him to the V. Luna General Hospital where military doctors nourished him back to health.
"Even the hard-boiled martial law rulers, with blood in their hands, gave way to Christian charity and human rights concerns.
"No balancing of competing interests, no selective and arbitrary application of rules," he pointed out.
But Presidential Spokesman Edwin Lacierda continued with his harangue over the travel issue, chastising the former president for allegedly being inconsistent in making a justification with her request for an allow departure order (ADO), as he noted that the Philippine Medical Association (PMA) itself has clearly declared that there are competent doctors in the Philippines who could provide her proper medical attention.
The embattled former president's doctor, however, yesterday reiterated the seriousness of the former chief executive's medical conditions.
In a certification, Dr. Juliet Gomez-Cervantes, Arroyo's main attending physician said that "as stated in the medical bulletins and various medical abstracts previously submitted on the current medical condition of former President and Congresswoman Gloria Arroyo,there is improvement as far as the cervical spin surgery,but there is the possibility of a rare bone mineral disorder that may require a bone biopsy.
"As far as we know, there is no bone mineral disorder expert and/or metabolic bone pathologist in the Philippines." she added, in essence contradicting the claim of the PMA.
Lacierda, however, insisted that Mrs. Arroyo should no longer have any excuse to insist on going overseas because no less than Aquino has offered the government financial support so that she can get any doctor that she wants.
"Is she going abroad to be treated? Or is there any other reason why she is going abroad? And for that reason, the President squarely addressed that issue of medical treatment by offering the doctors to fly over. And so, having rejected it, again, one wonders: What is their real reason for traveling abroad? It's not a constitutional issue because the primary concern of the Arroyo camp is the medical condition of the former President. If they say and as they have emphasized very strongly that it is a medical concern, then we have addressed that and having refused that, the issue is: What's the real reason for traveling abroad?" said Lacierda as he argued that Mrs. Arroyo should make up his up her mind on whether she wants to get well or if she simply wants to travel.
It appears that Malacañang is bracing itself for a probable issuance of a temporary restraining order from the Supreme Court, and Aquino's communications team is now into twisting the facts of the case involving the petition of the Arroyos for a TRO, which, if granted, would render the Department of Justice's watch order list useless.
Lacierda insisted that Arroyo's "right to travel was premised on the fact that you wanted to seek medical treatment? We're providing that. We're addressing a factual situation; a factual concern of theirs and we have done so. And for that reason, why are they now refusing the offer? The very premise by which they were asking to travel abroad was addressed by the President yesterday."
Lacierda also said that if Mrs. Arroyo feels that local doctors are not good enough for her, she can always secure the services of a specialist of her choice who can be flown in to the Philippines at the expense of the government.
"Like we said, our concern is that nobody should be beyond its reach—beyond the reach of the law. We have seen this in the case of Ramona Bautista—she's abroad.Why make life difficult for us to make sure that the administration of justice will proceed smoothly?" he said.
Meanwhile, Vice President Jejomar Binay said that although he supports the decision of Aquino to bar his predecessor, from seeking medical treatment abroad for fear that she will not come back to face a string of corruption and poll fraud charges, the Supreme Court decision on the issue will still prevail.
The justice and health departments may have recommended to the President that the medical procedure on Arroyo can be performed in the country, Binay said the high court has the final say on the "constitutional aspect" of the case.
"Let us wait for the decision of the Supreme Court," Binay told a radio interview.
Binay said security of the state has a far greater importance than the unproven claims of Arroyo's camp that her health condition urgently needs treatment in a foreign country.
"On this health issue, apparently, there is no solid evidence that she really needs to go out of the country for treatment," Binay said.
"Based on the reasons cited, he (Aquino) will be constrained as President, based on primordial interest, to reject Mrs. Arroyo's request," Binay said. With Benjamin B. Pulta, Virgilio Bugaoisan and Michaela P del Callar
FROM MANILA BULLETIN
Dominican FM denies Arroyo asylum reportNovember 12, 2011, 7:49pm
[PHOTO - Foreign Minister Carlos Morales Troncoso of the Dominican Republic]
MANILA, Philippines (AP) — The Dominican Republic's foreign minister has denied reports from Philippine officials that former President Gloria Macapagal Arroyo has requested asylum in the Caribbean nation.
Carlos Morales Troncoso told The Associated Press in the Dominican Republic Friday that they have not received an application for asylum from Arroyo.
Arroyo is facing corruption complaints and has been barred from seeking medical treatment abroad. Philippine Justice Secretary Leila de Lima said this week that she was checking reports that Arroyo had asked for political asylum in the Dominican Republic, where she visited early this year.
President Benigno S. Aquino III has refused to lift Arroyo's travel ban, saying she might never return to face the charges, which she denies.
Meanwhile, lawyer Raul Lambino, legal counsel of Arroyo, said the asylum issue was a rumor concocted by the government.
Lambino, a native of Pangasinan, issued the statement during the launching of the FVR book "WoW (Words of Wisdom ) FVR 11.11.11-111 at Sison Auditorium Friday. Former President Fidel V. Ramos and Pangasinan officials were present at the launching.
During the event, Lambino said the asylum issue is a form of hogging the headlines as well as a bid to continue embarrassing, harassing, oppressing, and vilifying the Arroyos.
Lambino also cited the admission of De Lima that she has no substantial proof on the asylum allegations. (With a report from Liezle Basa Iñigo)
FROM MALAYA BUSINESS INSIGHTS
GMA now a battle of spin BY JOCELYN MONTEMAYOR
Contortionists seek to project high ground
PRESIDENTIAL spokesman Edwin Lacierda yesterday said it is of "national interest" to ensure the health of former president and now Pampanga Rep. Gloria Arroyo, and reiterated the Palace's offer to fly in foreign medical experts for her.
But he could not say where government intends to source the cost of bringing in the foreign specialists and why the issue is a matter of national interest.
President Aquino on Wednesday said his government is prepared to bring in and pay for medical specialists for Arroyo whose request to be allowed to go abroad to seek medical treatment was rejected by Justice Secretary Leila de Lima this week.
Lacierda, asked about negative reactions to the Palace plan to shoulder the costs, said: "I think that's a positive reaction there, that the Filipino people obviously want Representative Arroyo to remain in the Philippines. Ang isyu lang po ay kung 'yung gagastusan po ng pamahalaan ang pagpapadala rito ng doctor, this shows our concern. There is a national interest involved…we would like to make sure that Mrs. Arroyo is competently treated if she feels that there are no doctors in the Philippines who are competent to treat her but also maintaining our position that there should be closure on the charges against her."
Asked if public funds will be used for Arroyo, he said, "On the basis of national interest, yes."
Lacierda said Malacañang understands sentiments against public funds being used for Arroyo's medical expenses "but we want to make sure that Representative Arroyo will not have any further reason to say 'no'. We want to make sure that we will give her the best medical treatment possible, the treatment, the doctors of her choice and to allow the doctors of her choice to be brought over to the Philippines to treat her condition."
On the fund sources, Lacierda said they have yet to talk to Budget Secretary Florencio Abad about it, or if there is a need to create a special private account to finance Arroyo's possible medical treatment here.
"We will have to defer to Secretary Butch Abad as to what fund will be used for that," he said, adding that the President's Social Fund should not be considered as it is intended to address the concerns of the poor.
Lacierda, however, stressed Malacañang wants Arroyo to remain in the country to face complaints against her, including plunder and electoral sabotage.
"When President Aquino was elected, we promised accountability… She goes abroad. Pag hindi bumalik, where is justice? Where is closure?...if there are cases filed, then there should be closure to these cases," he said.
He belied allegations the Palace has prejudged the plunder and electoral sabotage complaints filed against Arroyo.
"There are two things: Number one, national interest; and, number two, there's a memorandum circular that is still valid and in effect," he said referring to a justice department circular which De Lima has said she used as basis for issuing a watch list order against Arroyo.
On proposals that President Aquino use his personal money to finance the trip of the foreign specialists, he said those have not been discussed.
"Right now the offer stands and we will, at government's expense, shoulder the funds. In the future maybe there's a private group that will be willing to…who shares the opinion of the President and will also put up the fund instead of the government. We don't know that but that is something that—as long as we make sure that the (former) President gets the best medical treatment and gets the doctor of her choice," he said.
He said the Aquino government's offer to fly in the specialists stands, despite the Arroyo camp's rejection of the idea, acknowledging Arroyo's need to have physicians of her own trust and confidence.
"The offer was extended in order to allow Mrs. Arroyo access to her chosen medical professionals, the very reason she was requesting to travel abroad, in the first place, without compromising the interest of the people. No one is above the law. By that token, nobody should be beyond its reach," he said.
Lacierda said he could not understand why the Arroyo camp rejected the offer, considering they are supposedly concerned over the welfare of the former president.
"Ang isyu dito, gusto nilang bumiyahe dahil naghahanap sila ng especialista. Okay, ano ang ating solusyon: 'wag na kayong bumiyahe; tutulungan namin kayo. Sabihin ninyo sa amin kung sino ang inyong especialista at kami ang magdadala dito sa Pilipinas. Bakit nila ni-reject iyon? Akala ko ang kanilang pakay sa pagbiyahe ay maghahanap ng medical treatment? 'Di ba we answered that squarely?" he said.
"Now, they're changing the tune. They're changing now and saying: 'Teka, wala na ba tayong right to travel?' 'Di ba your right to travel was premised on the fact that you wanted to seek medical treatment? We're providing that. We're addressing a factual situation; a factual concern of theirs and we have done so. And for that reason, why are they now refusing the offer?" he added.
Abad, in a text message, said since the Arroyo camp has rejected the offer, release of funds by the government is still "speculation."
"But, if it becomes necessary, a possible source is the contingency fund, which is provided for unforeseen events or contingencies that the government needs to spend on for which no appropriation has been provided in the budget," he said.
De Lima said her department is verifying information that Arroyo is preparing to evade prosecution by seeking political asylum in the Dominican Republic.
She said she has yet to hear from the Department of Foreign Affairs any confirmation on the matter.
De Lima said the information, if proven true, will lend credence to government's doubts about Arroyo's true intent in going abroad.
"May narinig na ako na ganyan, at pati sa text, but I would not know where that info is coming from, na parang bibigyan ng asylum status…Any information we are getting, which is becoming the basis for our doubt on the true agenda for the travel request, kino-course through namin sa DFA," she said.
She further said the possibility that Arroyo would seek political asylum is far from farfetched.
"Anything is possible. They can always do that. What if tama yung hinala namin and this (Arroyo's medical condition) is just a spectacle really to have a shield for their actual intention na takasan ang mga kasong ito? They can do anything, para to give it a legal cover," she said.
Reports have said a ranking official of the embassy of the Dominican Republic personally handed to Arroyo a "passport."
The Philippines has no extradition treaty with the Dominican Republic. This means that if Arroyo is indicted for any of the cases lodged against her, the government cannot ask the host country to deport her.
Sources said that aside from Dominican Republic, Arroyo was also allegedly planning to seek asylum in European countries like Spain, Portugal and Italy. These three countries in the Iberian region have been listed by Arroyo as among her countries of destination when she sought the issuance of an allow-departure order (ADO) from the DOJ.
The three countries also have no extradition treaties with the Philippines.
De Lima rejected the ADO request of Arroyo and husband Jose Miguel "Mike" Arroyo, prompting the former First Couple to file a petition at the Supreme Court seeking to enjoin the DOJ from implementing the travel ban.
Mike Arroyo was also placed in the Bureau of Immigration's watchlist after he was named respondent in the election sabotage case filed by Sen. Aquilino Pimentel III for allegedly masterminding the rigging of the 2007 senatorial polls that resulted in the declaration of a non-winner as rightful senator.
On Wednesday, the high court conducted a special raffle of the two cases, and court spokesman Jose Midas Marquez announced that they will be treated as urgent.
Before the court docket closed on Wednesday, the Office of the Solicitor General filed a motion asking the SC not to immediately act on the petitions of the Arroyos for the issuance of a temporary restraining order and/or writ of preliminary injunction, and to give government lawyers more time to amplify their arguments in defense of the WLOs issued by de Lima.
In a 16-page very urgent manifestation and motion, Solicitor General Jose Anselmo Cadiz expressed fear that if the court decides to issue a TRO in favor of the Arroyos, the government would not be able to prevent her flight, and possible evasion of prosecution, thus, would cause irreparable damage more to the state than to petitioner.
The OSG, which represents the DOJ in this case, likewise asked the high court to set the petitions for oral argument after the filing of its comment.
Should the SC issue a TRO that would allow Arroyo to leave, he said the government would be "rendered powerless from compelling her to answer to criminal complaints and charges against her and which are already pending disposition at the preliminary investigation stage."
Sen. Joker Arroyo said Arroyo's case has become the issue of human rights, over and above the constitutional right to travel.
"Human rights is akin to Christian charity. The human body is inviolable. The Constitution prohibits cruel, degrading or inhumane punishment," he said.
Senator Arroyo, a human rights lawyer, recalled that sometime in 1975, the late Sen. Benigno Aquino Jr., the President's father, started a hunger strike in protest over the abuses and excesses of martial law.
"Ninoy's military captors tried to feed him but Ninoy refused. He declared that he was going to fast to the death...when his fast was reaching the irreversible point, the martial law rulers got alarmed because Ninoy refused to budge," Sen. Arroyo said.
He said Ninoy's military handlers brought the weak and helpless Ninoy post-haste to V. Luna General Hospital where military doctors nourished him back to health.
"Even the hard-boiled martial law rulers, with blood in their hands, gave way to Christian charity and human rights concerns," he said.
Sen. Arroyo also said that it is unfortunate and worrisome that the former president's case has reached the Supreme Court. "We have become a very litigious country. And strangely, the government encourages that unhealthy trend," he said.
Senate majority leader Vicente Sotto III said allegations against Arroyo attempting to flee the country in the guise of medical travel are baseless at this point.
Sen. Edgardo Angara said international pressure would prevent Arroyo from evading prosecution.
"We are arguing over something in the future that may or may not happen. In other words, we are going into speculation." – With Evangeline de Vera and JP Lopez
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