/ MIRIAM BLASTS ATTACKS VS CORONA
MANILA, NOVEMBER 28,
2011 (STAR) By Edu Punay - Solicitor General Joel Cadiz
(photo) and other government lawyers were told to respect the
constitutional rights of citizens when they faced Supreme Court (SC) justices
during oral arguments on the petition of former President Gloria
Macapagal-Arroyo questioning the government's ban on her leaving the country.
On Thursday, the justices said it is the duty of the Office of the Solicitor
General to protect the rights of every citizen regardless of their stature in
society or political affiliation.
Chief Justice Renato Corona lectured Cadiz on the history of the Bill of
Rights, which guarantees the right of every citizen to travel.
"We are a court of law and that's our job here under the Constitution – to
protect the rights of the individual citizens," he said.
Corona said the SC's constitutional duty does not discriminate. "It can be
GMA (Arroyo's initials), Juan de la Cruz or it can be Mang Pandoy... I don't
know if you are still familiar with Mang Pandoy," he said.
Mang Pandoy, Felipe Natanio in real life, was used in the early 1990s by
President Fidel Ramos as the "face of the poor" for his administration's
anti-poverty campaign.
Corona said the SC's mandate to protect these rights should apply at all
times to everyone.
"Imagine six or seven years from now, if a person is being hounded by their
political enemies with the same vigor as you have, don't you think it would be
incumbent to this Court to give their constitutional right the same importance
we are giving them today," he said.
"In 40 years, when we have all been gone from the face of the Earth, when all
the passion and emotions of today will have been gone... and all that's left to
see are the facts as they occur, what do you think they ought to see about this
court... that society guided individual rights of people."
However, Cadiz insisted on the government's obligation to ensure successful
investigation of cases against Arroyo in issuing the questioned watchlist order
(WLO) through Department of Justice (DOJ) Circular No. 41.
"The DOJ wants to ensure preliminary investigation is properly conducted, and
this would not be possible if petitioners will be beyond jurisdiction of DOJ,"
he said.
Cadiz said allowing Arroyo to leave the country could cause irreparable
damage to government, which could be rendered powerless to compel her to answer
to criminal charges against her.
Associate Justice Roberto Abad told Cadiz the absence of a respondent during
preliminary investigation would not disable the DOJ from determining probable
cause.
"Not even the court can compel an accused to testify," he said.
However, Cadiz stood firm that Arroyo's constitutional right to travel "is
not absolute" as it was limited by Department Circular No. 41, which gives the
DOJ the power to issue WLOs and hold departure orders (HDOs) to respondents in
criminal cases.
The assailed DOJ circular enjoyed the presumption of validity, he added.
Cadiz invoked police power of the executive department as provided under the
Administrative Code.
However, Senior Associate Justice Antonio Carpio asked him to name a law
required under the Constitution before the right to travel may be impaired.
"What you cited was just on general power to administer functions," he said.
"That's not the law required. Police power must be embodied by a law. Where is
that law?"
Carpio told Cadiz: "That's something novel. We're not in the same plane,"
when he insisted that the general provision of the Administrative Code
encompasses Circular No. 41.
Department Circular 41 was issued during the Arroyo administration by then
Justice secretary Alberto Agra.
Cadiz then proceeded to cite records showing the DOJ had issued WLOs and HDOs
against over 6,000 respondents during the Arroyo administration.
Justice Teresita Leonardo-de Castro told Cadiz to stop appealing to emotion
or extra-legal argument. "You should answer about what you learned about the
Constitution," she said. "We're talking about fine points of the law here."
Earlier, the SC heard the argument of former first gentleman Jose Miguel
Arroyo, who also questioned the WLO in a separate petition.
His lawyer Ferdinand Topacio reiterated their argument that the order has
violated his constitutional right to travel and freedom of movement.
He insisted that Circular 41 is not supported by any law and insisted that a
watchlist order "is actually a hold departure order," the issuance of which was
strictly reserved for the courts.
Topacio said the SC should be wary of a "creeping authoritarianism" evident
with Circular 41.
"There is a creeping authoritarianism which this court should address if we
want to remain a republican state," he said.
The oral arguments would continue on Thursday next week when Justice
Secretary Leila de Lima is set to face the justices to explain her action.
She was earlier ordered to explain why she should not be cited in contempt
for defying the temporary restraining order on the WLO.
Dangerous
Two lawmakers warned yesterday that calling for Corona's inhibition from
deliberations on Arroyo's petitions is dangerous for the country's democracy.
Cagayan de Oro Rep. Rufus Rodriguez, an expert on constitutional law,
cautioned against publicly subjecting the Chief Justice to "unfounded
speculations."
"I strongly believe and trust that he (Corona) will always decide justice,"
he said.
"By asking him to inhibit, we might as well ask the justices appointed by the
President to inhibit as well following the logic of those wanting him to inhibit
and no one would be left behind on the bench.
"I think we should stop all these demands to inhibit. Let's trust and allow
the SC justices to do their jobs according to their conscience and the law."
Rodriguez warned against meddling in the affairs of the judiciary in the same
manner SC justices do not meddle in the affairs of the legislative and executive
branches of government.
Rodriguez said intruding into the affairs of the SC is both "disrespectful"
and "dangerous."
"We must maintain the rule of law," he said.
"If we mistreat the Supreme Court, whom do we now follow? That's the end of
democracy. The Supreme Court is the last bulwark of democracy. It is the final
arbiter between the government and the people, and among branches of
government."
Zambales Rep. Milagros Magsaysay said those calling for Corona to inhibit
himself were already politicizing the judiciary.
"This is dangerous already," she said. "They have no more respect for our
justices. Just because they disagree with the decisions, they want him out.
"They are citing his voting record, following their logic, what about those
who consistently voted contrarily? They want to pressure the SC, this is like
mob rule or is this the start of a dictatorship?" – With
Paolo Romero
FROM THE DAILY TRIBUNE
AMID CALLS FOR CORONA TO INHIBIT SELF FROM ARROYO CASES
Miriam blasts Aquino allies' attacks on CJ By
Angie M. Rosales 11/28/2011
The attacks being launched by known Palace allies on Chief Justice
Renato Corona are apparently meant to pressure him into ruling in favor of the
interest of the administration, Sen. Miriam Defensor-Santiago said.
"These are attempts to dictate to a justice of the SC of the Philippines on
what he should be doing," Santiago said yesterday, noting the calls on Corona to
inhibit himself from participating in the hearing of cases of former President
and now Pampanga Rep. Gloria Arroyo, which is now coupled with resignation
calls.
Santiago warned critics of Corona now egging him to resign that pursuing such
a call "will result in a damaged democracy."
"I am very fearful of the future of the judicial system because the SC is an
institution. It's not only the men and women (who constitute the high court), it
is an institution so we must protect always the institutions of our democracy
like the SC, the presidency, Congress, regardless of who is the sitting
official. We're talking of institutional stability," she said.
Recent actions by Palace political allies against Corona tend to indicate
vindictive moves on the SC chief who is being accused of being sympathetic to
Arroyo.
"We should be insulating our justice system from political comments. If we
will continue to allow that to happen, the judiciary will be under the Executive
and Legislative which are political branches of our judicial system. That's why
the independence of the judiciary is always a basic principle of a democratic
system," Santiago, a noted constitutionalist, emphasized.
"It borders as a political attack against a non-political institution of the
government. We politicians should refrain from politicizing issues of a
non-political institution," she added.
Santiago called on critics of the judiciary from making statements that could
only sow factionalism in the country since at the receiving end of all these are
the institutions of democracy, the justice system.
"It's not supposed to be politicized at all," she said.
Besides, the senator said, there is no provision in the law that allows
anyone to press for the resignation of the Chief Justice.
"No matter how loud you make your call for the resignation (of Corona), if
it's not in the law, it's a futile exercise. It's as if you are just calling
attention or you are just trying to humiliate the person. No provision in the
laws can compel him to resign," she said.
"We are making a history for our country and the history should show that the
president, if he misbehaved, then we are ready to try him before the court of
justice, but not necessarily humiliate him," she added.
Justice Secretary Leila de Lima, in turn, denied exerting undue pressure on
the Pasay judge handling the electoral sabotage case against Arroyo who she
warned earlier against granting a petition of the lawyers of Arroyo for a house
arrest on her.
Speaking to newsmen, the embattled justice secretary belied claims by defense
lawyer Ferdinand Topacio that she has sent Pasay City Regional Trial Court
Branch 112 Judge Jesus Mupas an ex parte letter warning against granting a house
arrest for the ailing former leader.
"That's not true at all. There's no such letter," she said in a text message.
Topacio said they were checking on an information that the Justice secretary
committed such a "highly improper" act that shows "the excutive bullying the
judiciary."
"It's either they're imagining things or deliberately foisting such a lie in
order to discredit me," De Lima said.
In an interview, she has advised Judge Mupas to be extra-careful in deciding
on the request.
"Is it not possible to have her detained in a facility with all needed
amenities and that's comfortable enough for her rather than house arrest? This
administration really wants to avoid that perception — that it is giving special
treatment to her (Arroyo)," she stressed.
De Lima asked Judge Mupas to carefully weigh both sides before deciding on
the request, including the "true medical condition" of Arroyo as a factor.
"That's really up to the decision of the court. The issue is really before
the RTC and it's the court's discretion already, but it should be based on
substantive consideration," she pointed out.
The RTC is expected to rule on this issue this week. Justice Sec. Leila de
Lima wants lawyers of former President and now Pampanga Rep. Gloria
Macapagal-Arroyo investigated over reports that they harassed their client's
doctors just to try to win their battle in the legal front.
She said she supports a call of militant lawmakers for possible investigation
of the Supreme Court and Integrated Bar of the Philippines against Arroyo's
lawyers Jose Flaminiano, Raul Lambino and Ferdinand Topacio for the alleged
"grand deception to hide the real condition of Arroyo."
"The alleged harrassment of their own doctors is of course a very serious
matter that needs to be looked into," she said in a text message yesterday.
De Lima said what the lawyers alleged did to Arroyo's doctors — "smacks of
grave coercion, if not obstruction of justice."
"Their (doctors') rights are being grossly violated," she pointed out.
"If the doctors confirmed that her condition was not life-threatening, it
only proved that (Arroyo's) camp has been lying and that's not contemplated in
the rules. The act of lying then affects their reputation," she argued.
One of Arroyo's doctors from St. Luke's Medical Center, orthopedic surgeon
Mario Ver, told the court that Arroyo is now recovering and may be treated as an
outpatient. Arroyo's other doctors are Juliet Gopez-Cervantes and Roberto
Mirasol.
De Lima is expected to face the Supreme Court on Thursday on the third part
of the oral arguments on Arroyo's petition questioning her earlier watchlist
order that stopped them from leaving the country.
She said she would raise this issue on the real condition of Mrs. Arroyo to
justify her decision to deny the latter's request for an allow departure order.
Arroyo's counsel Ferdinand Topacio also took a swipe at Bayan Muna partylist
Rep. Teddy Casiño over his threat to file disbarment proceedings against him and
other lawyers of Arroyo for allegedly "misleading" statements about Arroyo's
state of health.
"Talk is cheap, Casino should put his money where his mouth is and
immediately file disbarment proceedings against the lawyers of the Arroyo family
so that we can see whether his hypothesis that we committed professional
misconduct, can be put to the test," Topacio said.
He added it is deplorable that Casiño is using the issue "in order to give
traction to his senatorial bid. He should instead put more energy into his
performance as a congressman to inspire popular support for his future electoral
plans, instead of using noise in the place of substantial achievements."
"The trouble with Casino and the so-called 'Makabayan block' is that they
sanctimoniously posture themselves as having a monopoly of patriotism. This is
miserable and hypocritical. I have also been at the forefront of giving free
legal services for the poor and downtrodden for almost two decades, but I never
invite publicity for it. In fact, twice I have approached Casiño for help for
clients who were oppressed, but he never lifted a finger to help them. Casiño is
also known in the past to have run scared to the halls of the legislature when a
warrant of arrest was issued against him in 2006. Is this the courage of a
nationalist crusader?" he added.
"Representative Casiño, if he has the courage of his convictions, should go
to court. He can even go to hell. At least he is going somewhere, instead of
misleading our people into thinking that blabbering one's mouth off is
equivalent to a legislative accomplishment," he said. Benjamin B. Pulta
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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