Aquino-appointed justice may issue ruling on Arroyo travel ban
Wednesday, November 9, 2011
MANILA (Updated) — A Supreme Court (SC) justice appointed by President Benigno Aquino III will reportedly decide on the legality of travel ban imposed on either former President Gloria Macapagal-Arroyo or her husband Jose Miguel.
Sources at the High Court bared this, saying one of the justices is reportedly Associate Justice Bienvenido Reyes, the second of Aquino’s three appointees at the High Tribunal.
Reyes is one of the magistrates to whom one of the Arroyos’ separate petitions had been raffled to.
He joined the 15-man tribunal in junking last September the petition filed by Mike Arroyo questioning the watch-list order that prevented him from leaving the country without government permission in connection with the anomalous purchase of Philippine National Police helicopters.
The two other appointees of Aquino to the SC are Maria Lourdes Sereno and Estela Perlas-Bernabe.
Reyes had worked under President Aquino as finance manager of Best Security Agency Inc., which he set up when his mother, former President Corazon Aquino, was still in Malacanang.
Court spokesman Jose Midas Marquez said the separate petitions for the issuance of a temporary restraining order and/or writ of preliminary injunction have been raffled on Wednesday morning to two justices, and all magistrates have been furnished copies of the petitions filed by respective lawyers of the First Couple.
According to Marquez, the cases will be heard by the Court en banc next Tuesday when regular session resumes.
Meanwhile, the two SC justices are expected to submit their recommendations to Chief Justice Renato Corona, who will be back in the country on Thursday after taking a family vacation in San Francisco, California.
“If a TRO will be issued (through the Chief Justice), the court en banc will still have to confirm it on Tuesday (next week),” Marquez said, adding the former President can immediately leave the country for medical treatment if she secures a restraining order.
Arroyo, 64, is suffering from hypoparathyroidism and bone mineral disorder after undergoing three surgeries on her cervical spine months ago.
The TROs issued by the High Court are indefinite in nature, Marquez said, but if the court settles finally in favor of the government, Arroyo has no choice but to return to the Philippines and face the cases.
Last Tuesday, the former presidential couple challenged the legality of the watchlist orders issued by Justice Secretary Leila de Lima in connection to their involvement in electoral sabotage and plunder cases.
They also sought the High Court’s intervention in ruling against the constitutionality of controversial Department of Justice (DOJ) Circular 41, which de Lima used to issue the watchlist orders.
But on the same day, de Lima denied Arroyo’s request to go overseas due to supposed discrepancies in the former leader’s medical abstracts and the absence of extradition treaties with the Philippines on countries in her travel itinerary.
The DOJ circular in question was signed during the Arroyo administration.
In a separate report, legislators asked the DOJ to expedite the filing of cases against Arroyo in court even before the SC rules on the constitutionality of the circular.
“DOJ must file cases and get a court-ordered HDO (hold departure order). DOJ and its fiscals have filed many cases against poorer and powerless people before with lesser evidence than those against Arroyo,” Bayan Muna Representative Neri Colmenares said, adding the SC will likely rule in favor of the Arroyo couple.
Twelve out of 15 justices, including Corona, are appointees of Arroyo, who was president for a decade.
But Marquez denied possible partiality of the justices toward Arroyo because the court had already “manifested its independence in a lot of cases.”
“Let’s not dwell on it now,” he said.
On the filing of airtight cases, San Juan City Representative Joseph Victor “JV” Ejercito said the DOJ should lean on the various surveys showing that majority of the Filipino people call for the former President’s prosecution.
“All I can say is that they should act faster now and make sure cases are filed and so that there will be no more questions to the legality of keeping Arroyo here,” he added.
Maguindanao Representative Simeon Datumanong, who once served as Arroyo’s justice secretary, meanwhile, insisted on the constitutional right to travel, which the DOJ circular supposedly violates.
This argument was echoed by Cavite Representative Elpidio Barzaga Jr., saying it is Arroyo’s right to choose the doctors who will provide her treatment.
“The request of Arroyo to travel urgently needed medical treatment does not involve national security, public safety or public health; hence, the denial thereof by Secretary De Lima violated the Constitution,” he said in a text message.
Gabriela Representative Luzviminda Ilagan, for her part, said de Lima’s decision is understandable considering the former President’s track record of reneging promises.
“Her promise to comeback is as illusory as her honesty. Better to be safe than sorry,” she said. (JCV/Virgil Lopez/Kathrina Alvarez/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/11/09/aquino-appointed-justice-may-issue-ruling-arroyo-travel-ban-189708
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Bldg 6460 Clark Observatory Building
Manuel A. Roxas Highway corner A Bonifacio Ave,
Angeles Clark Freeport Zone, Pampanga 2023
0922-870-5173 0917-826-8790 (ask for Ana Fe)
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Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 ask for Rea or Chay
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