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SC junks Mike Arroyo petition over DOJ watch list order


The Supreme Court (SC) has dismissed the petition filed by former First Gentleman Jose Miguel “Mike" Arroyo questioning a Department of Justice (DOJ) order last month placing him on the Bureau of Immigration’s watch list for his alleged involvement in the "anomalous" choppers purchase of the Philippine National Police in 2009. In a four-page resolution issued Friday, the SC lifted the temporary restraining order (TRO) it issued stopping the DOJ from issuing a watch list order (WLO) on Mr. Arroyo, noting there is no more legal issue to settle because the "supposed violation of his right" to travel no longer exists. “With the lifting of Watch-list Order No. 2011-410 and the removal of Arroyo from the BI watch list, the petition presents no actual case or controversy for resolution by the court," the resolution said. "The subsequent supervening official actions by the Senate Committee Chairperson and by the DOJ Secretary left this court with no official action to prohibit or enjoin. Effectively, no factual basis likewise exists for a ruling on the constitutionality of DOJ Circular No. 41-2010," the Court resolution added. On September 1, the DOJ removed the watch list order (WLO) on Mr. Arroyo, after the Senate Blue Ribbon Committee, which initiated the request to put him on the watch list, revoked its request as it will no longer require his presence in its inquiry on the PNP chopper purchase controversy. The SC opted not to resolve the merits of the case anymore despite calls for it to rule on whether or not DOJ Circular No. 41, which provides for motu proprio issuance of WLO by the DOJ secretary, violates the constitutional right to travel, to due process, and to equal protection of the subjects of the order. “The rule is settled that no question involving the constitutionality or validity of a law or governmental act may be heard and decided unless there is compliance with the legal requisites for judicial inquiry, foremost of which is that there must be an actual case or controversy," the SC said. Last week, the DOJ, through the Office of the Solicitor General, submitted its manifestation to the SC seeking to dismiss Arroyo’s petition on the ground of its being moot. It also submitted a copy of DOJ Sec. Leila de Lima’s order last Sept. 1 lifting the WLO against Arroyo based on a letter from the Sen. Teofisto Guingona III, chair of blue ribbon committee, informing her that Arroyo’s presence is no longer needed in their investigation. In his petition filed last Aug. 12, Mr. Arroyo asked the SC to void the WLO and DOJ Circular No. 41 because these supposedly violated his constitutional right to travel, to due process, and to equal protection. Initially granting the petition, the SC issued last Aug. 23 the TRO – a provisional remedy that could still be lifted - through a unanimous vote of 13 justices due to “probable violation" of petitioner’s constitutional right to travel. Mike Arroyo has been dragged into "choppers controversy" for allegedly being the previous owner of the used multi-million-peso helicopters that were sold as brand new to the Philippine National Police (PNP) in 2009. — LBG, GMA News

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