No TRO on GMA poll sabotage case

MANILA, Philippines — The Supreme Court (SC) Tuesday held in abeyance its ruling on the plea for a temporary restraining order (TRO) or status quo ante (SQA) on the electoral sabotage charges filed against former President Gloria Macapagal Arroyo until the comments of the Department of Justice (DoJ) and the Commission on Elections (Comelec) are submitted and oral arguments are held on November 29.

SC Spokesman and Court Administrator Jose Midas P. Marquez said the DoJ and the Comelec are given a non-extendible period of five days to submit their comments.

Tackled by the SC in its full court session Tuesday were the petitions challenging the constitutionality of the creation of the joint DoJ-Comelec panel that conducted the preliminary investigation of the electoral sabotage case and the filing of the criminal case itself.

The petitions against the joint panel were filed by former First Gentleman Jose Miguel Arroyo and former Comelec Chairman Benjamin Abalos Sr. The petition challenging the filing of the criminal case before the Pasay City Regional Trial Court (RTC) was filed by former President Arroyo.

All the three petitions pleaded for either a TRO or an SQA as an immediate relief.

A TRO, if issued, would have stopped the Pasay City RTC from proceeding with the criminal case against Mrs. Arroyo. It may also order the lifting, temporarily, of the arrest order issued against the former President, now a member of the House of Representatives representing the second district of Pampanga.

But if an SQA was issued, the filing of the criminal case, the issuance of the arrest order, and the order for the detention of Mrs. Arroyo would be temporarily invalidated. This is because a status quo ante is the condition prevailing before the controversy, which is the filing of the criminal case before the Pasay City RTC.

10-4 vote

Marquez said the three petitions were ordered consolidated into one case in a 10-4 vote by 14 justices who participated in Tuesday’s full court session.

He said it was also a 10-4 vote that decided that the SC should take cognizance of the three petitions instead of remanding the cases to the Pasay City RTC for resolution.

Marquez could not immediately give the names of the 10 justices. He said only 14 of the 15 SC justices participated in the deliberation of the three petitions because Justice Arturo D. Brion is on sick leave.

“The court (SC) is aware of the facts and of what is happening,” said Marquez in explaining the action of the court on the three petitions without elaborating.

Earlier, Justice Secretary Leila de Lima issued watch list orders (WLOs) against the former First Couple and those undergoing preliminary investigation on the election fraud complaints in the 2004 and 2007 elections in Mindanao.

But on November 15, the SC issued a TRO against the WLOs of the DoJ under Circular No. 41. However, the DoJ did not heed the TRO and instead filed a motion to lift TRO that was denied by the SC.

But on November 18, the Comelec filed with the Pasay City RTC electoral sabotage charges against Mrs. Arroyo and an arrest warrant was subsequently issued on the same day.

While the TRO against the WLO issued by the SC is still standing, its efficacy – as far as allowing Mrs. Arroyo to go abroad for medical treatment – was lost with the issuance by the Pasay City RTC of an arrest order last Friday.

In his petition to nullify the filing of a criminal case against her wife, Mr. Arroyo told the SC that “all the acts so far performed by Respondent Joint Committee, as well as all proceedings emanating and arising therefrom, including the Resolution of the Comelec en banc authorizing the filing of information for electoral sabotage, as well as the said information themselves be declared null and void and without any legal effect whatsoever.”

GMA asserts right to travel

At the oral argument Tuesday, former President Arroyo told the Supreme Court that her right to travel and seek medical treatment abroad cannot be impaired by a mere issuance of the executive department because these rights are protected by the Constitution.

Speaking through her lawyer Anacleto Diaz during Tuesday’s oral arguments, Mrs. Arroyo, now a member of Congress representing the second district of Pampanga, said that DoJ Circular No. 41, the basis of the WLO issued against her, violates Section 6, Article III of the Constitution.

The SC heard Tuesday oral arguments on the petitions seeking to declare unconstitutional DoJ Circular No. 41.

“DoJ Circular No. 41 impairs a person’s constitutional right to travel and it is not even a law. It’s a mere administrative circular,” Diaz argued before the SC justices.

He pointed out that the circular “gives the Secretary of Justice an unbridled discretion in issuing WLOs which has the effect of a hold departure order (HDO) which only the courts can issue.”

Defiance lacks House support

At the House of Representatives, staunch allies of Aquino lost their bid to convince their colleagues to support a resolution seeking to uphold government’s decision to defy the SC TRO that would have allowed former President Arroyo to travel abroad for medical treatment.

Instead, a compromise version of the resolution was passed around and this time, won a resounding support from Aquino allies.

With no less than Speaker Feliciano Belmonte Jr. as one of the principal authors, House Resolution No. 1918 counted at least 120 congressmen-signatories barely two days after its filing last Monday. The resolution underscores the Lower House support for Aquino in “upholding the tenets of good governance and public accountability”.

While the TRO defiance lacked House support, Sen. Aquilino Pimentel III and former President Joseph Estrada fully support De Lima, commending her display of courage to pursue the prosecution of former President Arroyo.

“I unequivocally support Secretary De Lima for she had prevented Arroyo from leaving for abroad and escaping prosecution. She should be commended instead of reproached for upholding justice and the rule of law,” Pimentel said.

On calls for Mrs. Arroyo to resign as congresswoman, Speaker Feliciano Belmonte Jr. said the move should be left to the discretion of the former President.

The call also elicited angry reactions from congressmen supporting the administration.

Reps. Tobias Tiangco (NP, Navotas) and Rodolfo Valencia (LP, Mindoro Oriental) were among those who assailed the demand for Arroyo’s resignation.

Like Belmonte, Reps. Winston Castelo (LP, Quezon City), Juan Edgardo Angara (LDP, Aurora), Nur Anna Sahidulla (LP, Sulu), Alfredo Benitez (NPC, Negros Occidental), Rodolfo Antonino (NUP, Nueva Ecija), and Romeo Acop (NP, Antipolo City) said the decision to resign should be left to the discretion of Arroyo.

Despite the congressmen’s stand, Bayan Muna party-list Rep. Teddy Casiño proposed a special election to replace Mrs. Arroyo, rejecting moves to put her under the protective custody of the House of Representatives.

Inhumane treatment

Close allies of embattled Pampanga Rep. Arroyo described the actions of De Lima and the Aquino administration as “inhumane and vindictive.”

Candaba Mayor Jerry Pelayo, president of the Pampanga’s Mayors’ League, said De Lima’s actions are clear indications of her “grudge” and “disrespect” for the former President who appointed her Chairman of the Commission on Human Rights (CHR) during her term.

“President Arroyo is very sick. She does not deserve to be treated like this. The haste and railroading of her case are incredible. These actions are inhumane and vindictive,” Pelayo said.

“Their (the Aquino Administration) actions send signals of authoritarian leaders. If they cannot respect the rights of a former President and even the decision of the Highest Court of the land, whom will they respect?” asked Guagua Mayor Ricardo Rivera.

Angeles City Mayor Edgardo Pamintuan said the issue of treating Mrs. Arroyo abroad and her electoral fraud case has gone beyond the former President.

“President Aquino and [DILG] Secretary [Jesse] Robredo had said that being a former President, she (Arroyo) should be shown some respect. But are they doing that?” asked Pamintuan.

Reynaldo Panaligan, Manila Bulletin