Genuino questions DOJ hold order before SC

Taking his cue from the successful bid of former First Gentleman Jose Miguel Arroyo, former Philippine Games and Amusements Corp. (PAGCOR) chair Efraim Genuino challenged before the Supreme Court the Department of Justice's hold departure order against him and his children. The three Genuinos are facing plunder charges and a string of graft and malversation complaints at the Justice Department. In a 27-page petition filed through his lawyers Thursday, Genuino asked the SC to issue a temporary restraining order (TRO) against Justice Sec. Leila de Lima's order placing him, his children Erwin Genuino and Sheryl Genuino-See, on the Bureau of Immigration's hold departure list. On Tuesday, the SC issued a TRO against the DOJ's watch list order against Mr. Arroyo in the absence of a pending case against the former First Gentleman. The SC held that Mr. Arroyo's constitutional right to travel may have been violated. Individuals who have a hold departure order against them are automatically barred from leaving the country. On the other hand, those placed on the Immigration's watch list must first seek a government clearance before going abroad. In his petition, Genuino said the hold departure order, issued by virtue of DOJ's Department Circular No. 41, should be struck down for violating his and his children's rights to due process. He said De Lima's application of the department circular in issuing hold departure orders was "an exercise of arbitrary power, enforcing its edicts to the injury of the persons and property of the citizens. This cannot be considered as valid law." “It is respectfully submitted that Circular No. 041-10 is a tool for abuse as an HDO can be issued by the mere filing of a criminal complaint even in the absence of a finding of probable cause or a showing that there exists a threat to national security, public health or public safety," Genuino added. The Genuinos have earlier asked the DOJ to lift the order because it violated their right to due process and their constitutional right to travel. They asserted that the DOJ can only issue a hold departure order on matters of national security, public safety, and public health. "A tool for abuse" The Genuinos also said that Department Circular No. 41 could open the floodgates of HDOs against other respondents in criminal complaints filed with the DOJ. "Your Circular, we submit, is a tool for abuse as an HDO can be issued by the mere filing of a criminal complaint even in the absence of finding of probable cause or that there exists a threat to national security, public health, or public safety," said the Genuinos. "The Circular opens the door to the indiscriminate issuance of HDOs causing prejudice, if not misery to the parties affected," they added. They said the order was issued against them and seven other respondents even if a total of 27 respondents were impleaded in a criminal complaint filed with the DOJ. "This is pure discrimination and a blatant defilement of our clients' basic constitutional right to equal protection," the Genuinos said. Wave of criminal suits Since June, the current PAGCOR leadership under incumbent chair Cristino Naguiat Jr. has filed a wave of criminal suits against Genuino, his relatives, and former officials of the state-owned gaming firm. The first graft and malversation complaint, filed with the DOJ, stemmed from the alleged misuse of P26.7 million to fund the production of the movie "Baler." PAGCOR shouldered the production cost of the movie, which was supposed to have been paid by BIDA Productions, where Genuino's son, Erwin, was an executive producer. The second set of graft and corruption complaints was filed last June before the Office of the Ombudsman. The current PAGCOR leadership said Genuino and former officials of the state-owned gaming firm misused about P34 million in financial assistance meant for Filipino athletes. Meanwhile, the third complaint consisted of plunder, graft, and malversation charges. Filed last July, the complaint questioned the P186 million used to fund the anti-drug campaign of BIDA Foundation Inc., whose officials were also former PAGCOR officials. BIDA Foundation also ran as a party-list group in the May 2010 elections and had Genuino's daughter, Sheryl, as first nominee. In the fourth complaint, Genuino was accused of using rice donations for the mayoral bids of his two sons in the May 2010 elections. PAGCOR alleged that of the 300 metric tons of rice donated by Japan's Aruze Corp., 105 metric tons were received and used by PAGCOR as campaign giveaways. — VS, GMA News