Mike Arroyo questions legality of DOJ-Comelec probe panel

(Updated 6:22 p.m.) The camp of Former First Gentleman Jose Miguel Arroyo on Friday questioned the legality of the joint Department of Justice and Commission on Elections (DOJ-Comelec) team probing alleged poll fraud during the 2007 elections. Through a 67-page petition for certiorari prohibition with prayer for the issuance of a temporary restraining order, Mr. Arroyo's lawyer Ferdinand Topacio asked the court to declare as illegal and unconstitutional Joint Order No. 001-2011, titled, "Creating and Constituting a Joint DOJ-Comelec preliminary Investigation Committee and Fact-Finding Team on the 2004 and 2007 National Elections Electoral Fraud and Manipulation Cases." Created last August 15, the joint committee, through its fact-finding arm, found probabale cause to subject former President Gloria Macapagal-Arroyo and 40 others to preliminary investigation for alleged electoral sabotage. Mr. Arroyo, meanwhile, was to be further investigated. Topacio said filed the petition past 2 p.m. Friday. Named respondents were Justice Secretary Leila de Lima, Comelec chairman Sixto Brillantes, and members of the fact-finding and preliminary investigation teams. Trial by publicity? Topacio accused President Benigno Aquino III and his allies of "acting suspiciously synchronously" to start a "massive trial by publicity... and making prnouncements as to the veracity of the Arroyo couple’s involvement in the supposed election fraud." The lawyer slammed the President and several officials of Malacañang, the DOJ, and Comelec for making a number of public pronouncements against the Arroyo couple even before the joint DOJ-Comelec team was created. "The creation of the joint committee via the joint order is at war with the due process and equal protection clause of the Constitution, having been created with the sole end in view of investigating and prosecuting certain persons and incidents only," the petitioner said. Calling the joint investigating panel as being "persecutory," Mr. Arroyo's camp said the former First Gentleman's right to a fair proceeding by an independemt and impartial tribunal was being trampled upon.
Topacio also claimed that no rule or law authorizes the creation of the joint committee to conduct a preliminary investigation. He added that the independence of the Comelec was "demolished" when it teamed up with the DOJ - "a political agent of the executive" - for the joint probe. Topacio said the court should determine whether 1) the order was "valid, lawful, and constitutional; 2) respondents committed grave abuse of discretion since they allegedly do not have jurisdiction in issuing the orde; and 3) respondents should be prohibited and enjoined from performing tasks under the order. Oral arguments Topacio also asked the high court to hold oral arguments on the issue "to fully ventilate all issues of Constitutional dimension." "After hearing, and the submission of all required pleadings and memoranda, judgment be rendered for Petitioner and against respondents, declaring Joint Order 001-2011 and all proceedings thereof NULL AND VOID for being unconstitutional and illegal," Topacio said. At the same time, Mr. Arroyo's camp asked the court to issue a TRO to prevent members of the joint panel from discharging duties and acts under Joint Order No. 001-2011. Days before the preliminary investigation of the Arroyo couple, they were placed on the Immigration watch list, which is currently being contested by the Arroyos in separate petitions also before the Supreme Court. — RSJ, GMA News