DOJ told to comply with TRO allowing Gloria Arroyo travel

Court Administrator Jose Midas Marquez said the Supreme Court will ask the Department of Justice to explain why it did not act on its temporary restraining order (TRO) allowing former President and Pampanga Rep. Gloria Arroyo to go abroad and seek medical treatment. The SC spokesman said the high court may also issue a “Show Cause and Comply" order to the DOJ, as he noted the TRO is immediately executory.

"We will ask Justice Secretary Leila de Lima and the department officials why they did not comply with the order," Marquez said in an interview on dzBB radio. But Secretary De Lima on Wednesday continued to defy the order and said she is ready to face contempt charges that may be filed against her by Mrs. Arroyo’s camp. “I will look at the TRO and then file a motion for reconsideration with the high court. Our position is that since there is a motion for reconsideration, the high court’s TRO should not yet be implemented," she said in a separate interview on dzBB radio. When Marquez was asked if they consider the TRO as being violated with DOJ's move, he said, “Tama yan (That is correct)." "But of course before we can say with finality there is a violation, we have to observe due process," he added. In a later interview on GMA's News To Go Marquez said that while anyone is free to file a motion for reconsideration, that will not stop the implementation of the TRO. Marquez said that under the Rules of Court, defying the high court’s order could get one penalized with a fine of up to P30,000 or imprisonment of up to six months, or both. On Tuesday night, the DOJ through the Immigration Bureau blocked Arroyo from leaving the country despite the TRO the high court issued against the DOJ’s watch list order on the former Philippine leader. Mrs. Arroyo spent Tuesday night at the St. Luke’s Medical Center in Taguig City, which is less than 30 minutes away from the Ninoy Aquino International Airport (NAIA). Her camp threatened to file contempt charges against the DOJ for defying the high court. But Marquez said that even if Mrs. Arroyo’s camp does not file contempt charges, the high court can have the DOJ comply with its TRO with a “show cause and comply" order. "You are directed to show cause why you should not be held in contempt and to comply with the TRO," he said. Only SC can lift TRO He also reiterated only the Supreme Court can lift the TRO it issued, and not anyone else. “Hindi pwedeng dumepende sa action or inaction ng isang party (The TRO is immediately executory and does not depend on the action or inaction of a party)," he said. Marquez noted that the high court announced its ruling on Tuesday at 3 p.m. although it came out with the hard (printed) copy of the TRO past 5 p.m. “Ang TRO mismo, ang hard copy lumabas sa ating Office of the Clerk of Court past 5 p.m., binigay namin ang kopya sa DOJ pero di ito tinanggap, lampas 5 p.m. na yan (The Office of the Clerk of Court issued the TRO past 5 p.m. but the DOJ refused to receive it, saying it was served past office hours)," he said. On the other hand, he said the Arroyos have already deposited a P2-million bond. He said the high court will again serve a copy of the TRO on the DOJ Wednesday morning. Fears of flight, no basis Marquez said fears that Mrs. Arroyo might escape from the law once abroad is not a basis for defying the TRO. Besides, he said there are many remedies the executive department can take if Mrs. Arroyo does indeed flee, such as cancelling her passport and seeking help from the International Police (INTERPOL). "Those are just fears. The high court decided on the facts of the situation. As for the fears of Arroyo taking flight, there are many remedies to bring her back to the country to face charges," he said. “I’m sure the executive department can think of ways and means to get them back here," he added. On the other hand, Marquez noted it has been more than a year since Mrs. Arroyo was accused of poll fraud but no charges have been filed against her yet. "We must respect the constitutional rights of the petitioners. If there is no charge filed against her, the Constitution allows her the right to travel and we must respect it," he added. — LBG/MRT/RSJ, GMA News