Gloria Arroyo 'indicted' by hubby's lawyer during oral arguments

A counsel for former First Gentleman Mike Arroyo on Thursday admitted that the Arroyo administration erred when it allowed the issuance of some 5,000 watch list and hold departure orders.   During the second day of oral arguments on the watch list orders against Mr. Arroyo and wife, former President Gloria Macapagal-Arroyo, on Thursday, lawyer Ferdinand Topacio said only the courts should be allowed to issue such orders.   The Arroyo camp is questioning the legality of the Department of Justice’s Department Circular 41, which was used as basis for the issuance of watch list orders against the Arroyo couple. Topacio claimed that through illegal executive orders or circulars, "small encroachments [that] we have to look out for" get committed. "[These encroachments may] creep in and before we know it, all our rights have been violated," he said.   When asked how come other administrations were able to issue watch list order, Topacio said: "That was during less enlightened times.”   “And we were hoping [through] the 1987 Constitution, those [problems] would have disappeared already," he added.   Associate Justice Ma. Lourdes then asked him: "Your words are indicting the former administration of Mrs. Arroyo, aren't they?" Topacio answered in the affirmative. "[The issuance of watch list orders during Arroyo term] is wrong then. It is wrong now and SC should do something about it," Topacio stressed.   Topacio insisted that DC 41 is not supported by any law and insisted that a watch list order "is actually a hold departure order," the issuance of which he said was strictly reserve to the courts.   He said the Supreme Court should be wary of a “creeping authoritarianism” that he said is evident with DC 41.   "There is a creeping authoritarianism which this court should address if we want to remain a republican state," Topacio told the magistrates.   During the first day of oral arguments last Tuesday, it was revealed that more than 5,000 watch list and hold departure orders were issued during Mrs. Arroyo’s nine-year term as president.   Mrs. Arroyo's lawyer, Anacleto Diaz, admitted that the watch list orders issued under the Arroyo administration by then Justice Secretary Alberto Agra — through DC 17 and 18, which DC 41 superseded — were a "mistake."   On Thursday, Topacio insisted that all watch list orders issued not only during the Aquino administration but also in the past administration should be lifted.   Topacio assured the court that the absence of DC 41 would not make it harder for the Department of Justice (DOJ) to conduct individuals who are subject of a preliminary investigation.   Topacio said it would be like transforming the Philippines into a "police state" if the DOJ would be allowed to wantonly issue watch list orders. - KBK, GMA News