TRAVEL / NOY SHOWING TOTALITARIAN TENDENCIES - JOKER
MANILA,
NOVEMBER 16,
2011 (TRIBUNE) By Virgilio J. Bugaoisan, Benjamin B. Pulta
and Charlie V. Manalo - Defying the high court's executory order lifting the
Department of Justice's watch list order it issued against former President
Gloria Arroyo and her husband through the court's grant of a temporary
restraining order (TRO) against the WLO, Malacañang proved to be the sore-loser
as it said the DoJ had ordered the Bureau of Immigration (BI) to prevent the
Arroyos from leaving the country, vowing to oppose the high court ruling, which
move is expected to spark new hostilities between the Executive and the
Judiciary.
In an interview last night , Court administrator Jose Midas Marquez stressed
that the TRO was immediately executory despite the plan of the government to
file a motion for reconsideration.
"I am hoping that our government officials will comply and observe and
respect the TRO," Marquez said.
"Once the TRO is issued it is effective immediately," he added in reply to
statements made by Justice Secretary Leila de Lima claiming the TRO is not yet
in effect since it had not yet been formally received by the Office of the
Solicitor General (OSG).
Also last night, a power of attorney was signed by the Arroyos naming lawyer
Estelito Mendoza as their legal representative.
A man bearing a black duffel bag containing cash was also delivered to the SC
to comply with the tribunal's requirement to post a P2 million bond.
Marquez said an official copy of the TRO has been released to the parties at
around 6 p.m. including to the DoJ.
Although, the Court may cite in contempt government officials who will refuse
to comply with the Court's restraining order, Marquez noted that there is no
basis to take such action considering that there is no defiance of it's order
yet.
The Arroyos were slated to leave yesterday for Singapore then Spain for the
former president's medical treatment.
Earlier Tuesday, a conditional TRO was handed down by the Supreme Court (SC)
lifting the names of former president Gloria Arroyo and former first gentleman
Jose Miguel Arroyo from the BI's watch list.
Eight magistrates voted to grant the TRO requested by the Arroyo couple while
five magistrates including three of President Aquino's appointees to the high
tribunal dissented from the majority ruling which also scheduled oral arguments
on the case next week, Nov.r 22.
As a precondition to the TRO, the SC required the Arroyos to post a cash bond
of P 2 million before the SC, appoint a legal representative to participate and
represent them in the ongoing processes and likewise tasked them to report to
the Philippine embassy or consul of their destination country.
The eight justices who ruled in favor of the Arroyos are: Chief Justice
Renato Corona, and justices Roberto Abad, Jose Perez, Diosdado Peralta, Lucas
Bersamin, Presbitero Velasco, Arturo Brion and Martin Villarama.
The five who dissented are Associate Justice Antonio Carpio, Lourdes Sereno,
Bienvenido Reyes, Jose Mendoza and Estela Perlas-Bernabe.
Two magistrates, Associate Justices Teresita de Castro and Mariano de
Castillo were on leave and took no part.
In a press briefing, Justice Marquez bared that majority of the justices
believed that the "couple enjoys the presumption of innocence" as enshrined in
the 1987 Constitution.
Furthermore, Marquez said the high bench noted that a denial on the couple's
plea for a TRO "might work as a (tool) of injustice" for them.
The SC required the DoJ to submit within three days its comment. The High
Court also set the couple's petition challenging the legality of DoJ circular no
41, for an oral argument on Nov. 22.
Marquez said the conditions were set by the SC "after thoroughly reviewing
the circumstances and case itself."
Asked on the apprehension of the government that the couple may not return
once they are allowed to leave, Marquez stressed there are remedies available to
the government once such scenarios happens.
"Once they comply with the requirements (the first two), they can immediately
leave the country," Marquez bared.
Marquez stressed that the couple, in their separate petitions which were
consolidated, was able to show that they are entitled to a temporary relief like
a TRO.
Also, he disclosed that the SC is consistent in upholding the couple's
presumption of innocence as one of the fundamental rights accused/respondents
enjoys.
According to Marquez , the TRO is indefinite once lifted by the SC. It may be
lifted if the either one of the couple violated any of the conditions, however.
But Marquez qualified that the TRO is only for the Arroyo couple and will not
cover their fellow respondents who were also included in the WLO.
As to those justices who opposed the issuance of TRO, Marquez pointed out
that these magistrates believe that the case be heard first before issuing the
restraining order.
In separate press conferences held in Malacañang by Presidential Spokesman
Edwin Lacierda and De Lima, they said the government will file a motion for
consideration and seek the reversal of the SC ruling.
The Palace also stressed that it has not received a copy of the SC decision
and therefore the government cannot be compelled to carry it out and lift the
WLO issued by the DoJ.
De Lima said she has already ordered airport and immigration authorities to
continue enforcing the WLO and stop Mrs. Arroyo and her husband Jose Miguel
"Mike" Arroyo from boarding any international flight.
De Lima and Lacierda said the government will file a motion for consideration
or a motion to lift the TRO issued by the High Tribunal.
"As far as the government is concerned, until we have received the official
copy of the SC interlocutory order, we cannot allow any exit," Lacierda said at
a press briefing as he noted that they are still awaiting for the official copy
of the SC ruling which can be the basis of the Office of the Solicitor General
in filing a motion to seek the reversal of the High Court's decision.
Lacierda, a lawyer, also appeared to be inviting another hostile verbal
exchange with the SC as he questioned the judicial propriety of the ruling
because it was issued even before any oral argument on Mrs. Arroyo's petition.
"It is unfortunate. We were hoping to be given an opportunity to have an oral
argument before the SC prior to the issuance of a TRO. Apparently this was not
taken into consideration by SC hence the order was issued," he said.
He backpedaled right away however as he noted that he "wouldn't want to
venture as to whether it (TRO) was issued hastily or otherwise but that was part
of their procedure."
He added:"I wouldn't want to speculate or comment on whether the votes were
made according to certain lines. We don't want to judge them based on that. That
is something that I would hold judgment from," he added.
He expressed confidence that the government lawyers will be able to defend
their position on the matter. "We are prepared to defend our position before the
SC in the oral argument so we would hope to convince the other members of SC of
the strength of our case."
On the criticisms that the Aquino administration was slow in filing cases
against the Arroyos, who are accused of masterminding the supposed cheating in
the 2007 elections, Lacierda said they were just observing due process.
"I think we're observing due process, that's the hallmark of bill of rights,"
he said. "We have to observe due process, we have to give process to anyone
concerned and so if you wanted to persecute anyone we would have done so but the
emphasis of the President is to observe due process," he said.
De Lima, in another press briefing in Malacañang, said that Aquino was
disappointed with the High Tribunal's decision as she continued to raise
suspicions as the real purpose of Mrs. Arroyo's desire to travel overseas.
De Lima said the Arroyo couple made bookings to leave the country on 6
different flights today. Three of the flights were for Singapore, she said,
starting at 4 p.m.
"They have not been forthright about their travel plans...There is this
intention to immediately leave the country and that is puzzling to us," she
said.
For good measure, De Lima said she has asked aviation and immigration
officials to bar Mrs. Arroyo and her husband if and when they decide to leave
for abroad as she stressed Gov't has option to keep GMA here despite the TRO as
the WLO remains in effect because the official copy of the TRO has not been
officially transmitted yet to the DoJ.
In the event "the Arroyos appear in the airports or any other ports of exit,"
all concerned agencies must prevent them from leaving, De Lima said.
Mike Arroyo bared they would be leaving for abroad as soon as possible for
the former President's medical treatment.
Mr. Arroyo said they will be seeking the first flight available to them,
hinting they might leave either late night yesterday or early morning today.
The former First Gentleman also assured the public they would be back to face
the charges hurled against them. "We will be back," he said.
Mrs. Arroyo's colleagues at the House of Representatives also lauded the SC
decision declaring it a victory of the Constitution over partisan importuning.
"The supremacy of the Constitution over partisan importuning has once again
been upheld by the Supreme Court," House Minority Leader, Albay Rep. Edcel
lagman said in a statement. b"The decision of the Supreme Court reversing the
ruling of DoJ Secretary Leila de Lima to hold the departure of the former
President and her husband is a signal triumph of civil liberties, particularly
the right to travel and presumption of innocence."
Noy showing totalitarian tendencies — Joker By
Angie M. Rosales and Gerry Baldo 11/16/2011
Sen. Joker Arroyo slammed the Aquino administration for its
totalitarian tendencies and imposing a "creeping martial law," as evidenced by
President Aquino's moves against the former president, Rep. Gloria Arroyo.
He said the Supreme Court decision to stop the travel ban against the Arroyos
has moved to stop the "totalitarian tendencies" of the Aquino government.
"The Supreme Court has put a stop, put a brake on the totalitarian tendencies
of this government. We already have a creeping martial law here that we don't
only notice," the senator told reporters yesterday.
"It's a tendency. The trend is here,' said Senator Arroyo, who was a human
rights lawyer during the dictatorship regime of former President Ferdinand
Marcos.
Senator Arroyo, a staunch ally of Aquino's parents, the late President
Corazon Aquino and former Sen. Benigno "Ninoy" Aquino Jr, who was assassinated
during the time of
Marcos said that "The creeping authoritarianism was what the high court said
in effect. We are still here. Don't think you can mess around with anything,"
the senator stressed.
On the conditions set by the SC, the senator said:" The first one is they
(Arroyos) put a cash bond of P1-million each. That's okay. The second one, they
should have a person who shall receive court orders and hearings, That's okay.
But the third one, they must report to an embassy office or if there is a
consulate, that's really nothing. The point here is this, that the SC has put a
stop, put a brake on the totalitarian tendencies of this Aquinop government.
It was a different reaction of the high court order in the case of former
President Joseph Estrada who yesterday, in a statement said that more than Mrs.
Arroyo's "constitutional right to travel is her constitutional duty to stay in
the country."
"The Supreme Court made a decision based on a debate on rights but it should
have also considered the importance of one's duty as a public official. When you
are a president or even a congressman, you must remember that you are no longer
an ordinary citizen; your personal rights take a backseat to your public duty.
You must put duty above self," Estrada said. "The Constitution also says public
officers must be 'at all times, accountable to the people'," Estrada said,
quoting from Article XI of the 1987 Philippine Constitution.
"In this case, the Supreme Court seems to have missed that there is something
more urgent than GMA's personal health. That is the resolution of the
investigations on the violation of the people's right to suffrage," Estrada
said. "The Senate is now in the middle of investigations on electoral fraud. As
the incumbent president when this happened, it is not her prerogative but her
duty to cooperate. In fact, she should be at the forefront of these
investigations instead of asking to go abroad. That is her duty to the Filipino
people," Estrada said.
Despite the TRO, the government has still the option to prevent her from
travelling abroad, House Majority Leader Neptali Gonzales II said yesterday.
Gonzales, who was guest at the weekly Ugnayan sa Batasan media forum at the
House of Representatives, said that the DoJ can file a motion for
reconsideration and could order the Bureau of Immigration to prevent the former
first family from leaving.
"I anticipate a motion for reconsideration. The executive department can risk
to force GMA (Mrs. Arroyo to stay in the country). If they decide to defy the
SC, they can risk to have another round to be declared in contempt while waiting
for the SC to act on the motion for reconsideration," Gonzales explained.
"That's a risk that they have to take because at the end of the day, the
issue is not only before the court of public opinion locally," Gonzales said.
Party lister Rep. Teddy Casino, however, expressed disappointment at the SC
decision to issue a TRO that in effect allows GMA to leave the country, saying
the order jeopardizes the current efforts to hold the former president
accountable for her "crimes against the people."
"We are equally, if not even more, disappointed, however at the way the
Aquino administration has apparently bungled efforts to bring GMA to justice,
Its slow action on cases we filed as early as the first day GMA lost her
immunity has brought us to what could have been an avoidable dilemma," he said.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved
PHILIPPINE
HEADLINE NEWS ONLINE [PHNO] WEBSITE
[Non-text portions of this message have been removed]
------------------------------------
-------------------------------------------------------------
Follow us on Twitter: http://twitter.com/phnotweet
This is the PHILIPPINE HEADLINE NEWS ONLINE (PHNO) Mailing List.
To stop receiving our news items, please send a blank e-mail addressed to: phno-unsubscribe@yahoogroups.com
Please visit our homepage at: http://www.newsflash.org/
(c) Copyright 2009. All rights reserved.
-------------------------------------------------------------Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/phno/
<*> Your email settings:
Individual Email | Traditional
<*> To change settings online go to:
http://groups.yahoo.com/group/phno/join
(Yahoo! ID required)
<*> To change settings via email:
phno-digest@yahoogroups.com
phno-fullfeatured@yahoogroups.com
<*> To unsubscribe from this group, send an email to:
phno-unsubscribe@yahoogroups.com
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
