Genuino fails to get TRO vs DOJ hold departure order

Contrary to its action on former First Gentleman Jose Miguel Arroyo's petition, the Supreme Court did not issue a temporary restraining order (TRO) against the implementation of a hold departure order against Philippine Games and Amusements Corp. (PAGCOR) chair Efraim Genuino and his two children. Instead, the high court ordered the Department of Justice and other government agencies involved to answer Genuino's petition against the hold order. In a resolution promulgated last week, the high court gave Justice Secretary Leila de Lima, DOJ chief state counsel Ricardo Paras, the Bureau of Immigration and incumbent PAGCOR chair Cristino Naguiat Jr. to file their comments within 10 days upon receipt of the SC's resolution. In the case of Mr. Arroyo, the SC issued a TRO simultaneously with the order on De Lima and Immigration commissioner Ricardo David to file their comments. The SC explained that Mr. Arroyo's constitutional right to travel may have been violated because there is no pending case against him. Genuinos For his part, Genuino asked the Supreme Court to issue a TRO to prevent the DOJ from enforcing the hold departure order issued against him, his children Erwin and Sheryl-Genuino See, and other personalities implicated in PAGCOR corruption scandals. The three Genuinos alone are facing plunder suits and a string of graft and malversation complaints at the Justice Department. To prevent them from leaving the country, De Lima issued a hold departure order against them—a move that Genuino claimed was beyond the powers of the Justice chief. In his 27-page petition, Genuino said the hold departure order, issued by virtue of the 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. The criminal suits against the Genuinos stem from the following: