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SC stops implementation of watch list orders vs Arroyos


(Updated 4:35 p.m.) The Supreme Court on Tuesday temporarily stopped the implementation of the watch list orders against former President and now Pampanga Rep. Gloria Macapagal-Arroyo and her husband, Jose Miguel "Mike" Arroyo, who are restricted from traveling abroad due to electoral sabotage complaints filed against them. Eight justices voted in favor of the temporary restraining order (TRO), including Chief Justice Renato Corona, Jose Perez, Diosdado Peralta, Presbitero Velasco, Roberto Abad, and Arturo Brion, SC spokesman and court administrator Jose Midas Marquez said at a press briefing Tuesday afternoon.
Lawyer: Arroyo couple to go to Singapore, then Spain
With the watch list order against them indefinitely suspended by the Supreme Court, former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo and her husband Jose Miguel “Mike" Arroyo are now poised to fly to Singapore "as soon as possible." Mr. Arroyo's lawyer Ferdinand Topacio on Tuesday said the Philippines' neighboring country was the first on the couple's agenda to seek medical treatment for Mrs. Arroyo's bone disorder. Topacio said Mrs. Arroyo will depart for Singapore at 5 p.m. From Singapore, the couple might fly to Spain next, he said. "Kung sa Singapore pa lang ay ayos na ang findings, baka hindi na sila tumuloy sa Spain," Topacio said. Asked when the couple plan to be leave, Topacio said: "ASAP [as soon as possible]." [Read more.]
Justices Antonio Carpio, Jose Mendoza, Lourdes Sereno, Bienvenido Reyes, and Estela Bernabe issued a dissenting opinion. Two magistrates — Mariano del Castillo and Teresita de Castro — were on leave. "The five who dissented said the case should first be heard before they would decide whether to issue a TRO or not," Marquez said. "But then again the majority thought the issuance of a TRO is consistent to the constitutional presumption of innocence." Marquez said he was not at liberty to divulge who was the justice-in-charge during Tuesday's en banc session. He also said the TRO only covers the Arroyo couple and not the other remaining individuals included on the watch list. The high court consolidated the two petitions filed by the couple challenging their inclusion on the watch list order, Marquez said. The Arroyos had claimed the order violated Article III, Section 6 of the 1987 Constitution guaranteeing the liberty of travel. In a statement, Mr. Arroyo thanked the SC for its decision, describing it as "a triumph of justice." "Upholding the right of an individual to travel is guaranteed by the Constitution, the fundamental law of the land. At least, she [Mrs. Arroyo] can now seek the treatment she needs. Praise God," he said. Three conditions Marquez said the magistrates issued the TRO under three conditions:
  • the Arroyo couple will have to pay combined cash bond of P2 million;
  • the Arroyo couple will also have to appoint a legal representative who should receive all legal documents
  • the Arroyo should either call or report in person to a Philippine consulate to inform the government of their arrival in a certain country. Marquez said the TRO is "immediately executory." "Upon filing these conditions or once they are able to comply with these conditions, they can fly already," he said. Marquez stressed that the effectivity of the TRO was "indefinite until lifted by the court itself... meaning the SC can lift it anytime." The magistrates also required the respondents — Justice Secretary Leila de Lima, Commission on Elections (Comelec) chairman Sixto Brillantes, and Immigration chief Ricardo David Jr. — to comment on the ruling within a "non-extendable" period of three days. An oral argument will be held Tuesday next week to tackle the merits of the Arroyo couple's consolidated petitions against the watch list orders, as well as the legality of a department circular authorizing the Department of Justice (DOJ) to issue watch list orders.

    Complaints vs Arroyos The DOJ had placed the Arroyo couple on the Immigration watch list in connection with the complaints filed against them. Mrs. Arroyo is facing plunder and electoral sabotage complaints while Mr. Arroyo is facing electoral sabotage complaints in connection with alleged anomalies during the 2007 polls. The DOJ had denied Mrs. Arroyo's request to seek treatment abroad for her bone mineral disorder. A person on the Immigration watch list must seek permission first from the government before he or she could leave the country. The Arroyo camp has repeatedly said that the former president and her husband have no plans of fleeing from the complaints filed against them, and that their plan to travel abroad is purely for medical purposes. Mrs. Arroyo is suffering from a bone mineral disorder and hypoparathyroidism while her husband has undergone cardiac surgery. Palace to continue legal fight In Malacañang, Ricky Carandang, head of the Presidential Communications Development and Strategic Planning Office, said they will appeal the Supreme Court decision. "Most likely we will file an MR (motion for reconsideration) or a motion to lift TRO (temporary restraining order)," Carandang said in a text message to reporters. Lawyer Harry Roque, for his part, said he will pursue and hold accountable Mrs. Arroyo for her alleged crimes wherever she goes. "This is distressful to the nation," said Roque in reaction to the Supreme Court’s decision. "But the Concerned Citizens’ Movement (CCM) will not sit idly by and do nothing." The citizens’ group is exploring with the Center for International Law the possibility of filing an international claim against Mrs. Arroyo. Roque has close ties with both organizations, which had been actively campaigning to hold the former President accountable for human rights violations, electoral fraud, corruption and plunder. - with Amita O. Legaspi and Andreo Calonzo/KBK/RSJ, GMA News
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