GMA's travel denied

MANILA, Philippines — Justice Secretary Leila de Lima denied Thursday the plea for the immediate travel abroad of former President and now Pampanga Rep. Gloria Macapagal Arroyo for medical treatment.

“It would appear that there seems to be no immediate or extreme necessity for her to leave the country at this point,” De Lima said in a press conference.

“From all indications and from the report of Health Secretary (Enrique) Ona, the former President is recuperating very well, and her condition is improving, and therefore, there seems to be no immediate necessity, at this point, for us to grant the request,” she added.

Ona confirmed that Mrs. Arroyo was recuperating well during a press conference at the Linden Suites Hotel in Ortigas Center, Pasig City.

But Ona would not give a categorical answer when asked if Mrs. Arroyo will be allowed to travel abroad for medical check-up. He said his recommendation has already been submitted to De Lima.

While De Lima has not completely banned Mrs. Arroyo’s travel abroad, the justice secretary said: “I want to be very sure. In other words, I need a few more days to further reflect on the issue at hand. I’d rather be criticized for some delay in my action than be criticized because I made the wrong decision.”

De Lima said she would come out with her final decision on the issue upon her return from Cambodia next week.

Deputy presidential spokesperson Abigail Valte said the decision on whether or not Mrs. Arroyo will be finally allowed to travel will have to wait until the DoJ completes the review of documents presented.

Two watch list orders (WLOs) have been issued by the Department of Justice (DoJ) against Mrs. Arroyo in connection with several criminal cases filed with the Office of the Ombudsman and pending preliminary investigation before the DoJ.

The former President had sought the issuance of an Allow Departure Order (ADO) from the DoJ for medical treatment aboard for her rare ailment on her cervical spine.

Records show that Mrs. Arroyo had written several letters to De Lima and her lawyer had submitted documents required for an ADO.

De Lima had sought the assistance of Ona in evaluating the documents on Mrs. Arroyo’s illness.

De Lima said she asked two questions to Ona: Whether there is an immediate life-threatening situation, and if it will result in an irreversible condition.

But Ona answered in the negative and, therefore, there is no immediate or extreme necessity for Mrs. Arroyo to travel abroad for medical treatment.

With De Lima’s action, the camp of Mrs. Arroyo accused the Aquino administration of having prejudged the cases pending against her.

Mrs. Arroyo's spokesman, Raul Lambino, said the camp of Mrs. Arroyo would resort to legal remedies “soonest.”

“We don't expect any more relief from her (De Lima) or President Aquino. They have prejudged Mrs. Arroyo's case. We may resort to court and other legal remedies soonest,” Lambino said.

Lambino said De Lima's order to restrain Mrs. Arroyo from leaving the country on a mere department order violates her constitutional right to travel. He added that whether Mrs. Arroyo’s condition is serious enough to require medical attention abroad should not be a factor in the DoJ's decision on her petition to leave the country for medical treatment.

“De Lima is missing the point. First, the right to travel is a basic right of every individual with no pending case in court. Second, a person has a right to travel with anyone. Third, De Lima is committing grave abuse of authority as she is overstepping the powers of Congress which already allowed the former President to travel. She has encroached on the powers of the court in her issuance of a watch list order which has the effect of a hold-departure order,” Lambino said.

“Kailangang bang life threatening or naghihingalo na si Pangulong Arroyo bago siya payagan? Her rare disease warrants her wish to completely restore and normalize her health condition which is the right of every individual,” Lambino said.

Travel motive questioned

Aside from the medical evaluation, De Lima questioned the true motive of Mrs. Arroyo’s request to travel abroad, even asking the former leader’s camp to be more transparent.

“This makes me more prudent to study the request further,” she said.

She pointed out that she had received “reliable information” that Mrs. Arroyo and her husband, Jose Miguel Arroyo, had planned to bring in more than 10 persons in their entourage.

De Lima said Mrs. Arroyo and her camp have also been vacillating on their destinations in the supposed medical sojourn, saying three letters – dated October 20, 21, and 24 – sent to her by Mrs. Arroyo and her husband had varying destinations and purposes of travel.

In the October 20 letter, De Lima said, Mrs. Arroyo did not indicate her destination although in the attached travel authority issued by House Speaker Feliciano Belmonte, she was supposed to attend various conferences in the United States and Germany, and then undergo medical consultation in Geneva, Switzerland.

Mrs. Arroyo later specified five countries in her request – US, Germany, Spain, Singapore, and Italy, De Lima said.

In the October 21 letter of Mr. Arroyo, De Lima said the former first gentleman indicated that his wife wanted to consult with specialists in Singapore, Germany, and Austria.

In the October 24 letter, it was indicated that the destinations would be Singapore, Germany, and Spain, De Lima said.

The justice secretary underscored the importance of specifying the final country of destination “so that the DoJ will be assured that the Philippines has an existing extradition or mutual legal assistance treaty with that specific country.”

“We do recognize the right of any patient, whether VIP or ordinary person, to seek treatment or doctor of her choice, but we are duty-bound to make sure that preliminary investigation proceedings will not be derailed because of her absence. I want to know exactly the real intent of the former first couple,” she said.

Meanwhile, Sen. Panfilo Lacson said the Supreme Court should now rule on the constitutionality of whether the DoJ has the authority to stop Mrs. Arroyo from leaving the country.

Lacson, a staunch critic of the Arroyo administration, said he is pleased that De Lima has deferred giving her final decision on Arroyo’s request to seek medical treatment abroad.

“It is good reason that Secretary De Lima has expressed skepticism on GMA’s planned trip. Traveling to five countries doesn’t sound like her health condition urgently needs medical treatment,” Lacson said.

“Also, the initial disapproval should trigger a petition before the SC which is the legal authority to interpret the constitutionality of the implementation of the watch list order,” said the senator.

Rey Panaligan, Manila Bulletin