Source: sun Star Manila
MANILA (7th Update, 9:20 p.m.) — Immigration officers blocked Tuesday former President Gloria Macapagal-Arroyo and her husband from leaving the country upon the instructions of Justice Secretary Leila de Lima.
De Lima’s order came despite a travel clearance issued by the Supreme Court (SC) for the Arroyo couple. The Justice chief said she received reports that the Arroyos booked at least five different flights to Singapore on Tuesday.
The first two flights were scheduled at 4 p.m. via Philippine Airlines (PAL) and 5 p.m. via Singapore Airlines but these flights were cancelled because the former First Couple did not appear.
Three other bookings were supposedly made via PAL and Singapore Airlines scheduled at 7:35 p.m., 7:55 p.m., and 9 p.m., respectively.
The Arroyo couple arrived at the Ninoy Aquino International Airport (NAIA)-Terminal 1 through an ambulance around 8 p.m. They are supposed to leave at 8:50 p.m. via Dragon Air flight 0932 bound for Hong Kong.
They missed the flight, however, after they were barred from entering the gate of NAIA.
Arroyo’s spokesperson Elena Bautista Horn said, however, that they will try their best to go to Singapore, their first stop before moving to Germany and Spain.
“This is a sad day for the country…but we will try our best to fly out tonight,” Horn said.
De Lima maintained in a television interview, however, that she ordered the Bureau of Immigration to direct the Civil Aviation Authority of the Philippines and the Ninoy Aquino International Airport “to exhaust all actions to implement the watchlist orders.”
She said the watchlist orders will stay until the government receives a copy of the decision of the SC.
She said the order could still not be implemented until the High Court decides on the appeal that the Office of the Solicitor General will file upon receipt of the ruling.
But SC spokesperson Midas Marquez begged to disagree as he warned those who will actually defy the order that they may face contempt charges.
“I hope they will realize that this was issued after a full court deliberation, there were concurring votes, and there were dissenting votes. It has to be respected and accepted, that’s the rule of law. But let’s see. I don’t think there’s no actual defiance yet,” he told reporters.
De Lima clarified that the Arroyos will not be arrested when spotted in the airport but only be barred from leaving.
She also insisted that there is “no life and death situation” in Arroyo’s medical condition.
The 64-year-old former President is facing a string of plunder and electoral sabotage cases as she asked the court to allow her to travel after suffering from hypoparathyroidism and bone mineral disorder.
Arroyo’s husband also benefitted from the injunction order after the court consolidated the separate petitions filed last week by the lawyers of the ex-First Couple, according to Marquez.
Marquez said the court voted 8-5 in favor of Arroyo’s request but she can only leave the country after fulfilling some requirements.
These include the payment of P2-million bail bond, appointment of legal representatives who can receive legal documents such as subpoena, orders, and other legal processes while the Arroyos are out of the country.
Both these requisites were fulfilled by the former First Gentleman’s legal representative Ferdinand Topacio, who paid the cash bond to Araceli Layuga, SC collection and disbursement officer around 6:30 p.m. Tuesday.
Upon arrival at their chosen destination, the SC said the Arroyo couple should also inform the Philippine embassy or consulate about their whereabouts “at all times” either by personal appearance or by phone.
Topacio said Arroyo will immediately see her doctors in Singapore after failing to show up three times.
“She really needs to have a medical check-up. I think she has an appointment tomorrow (Wednesday),” he said, adding the former presidential couple had no plans of evading prosecution.
The DOJ was asked to give comment in three days as the court scheduled an oral argument on the watchlist orders against the Arroyo couple on November 22 at 2 p.m.
Conspicuously, three out of five justices who opposed the issuance of a TRO are appointees of President Benigno Aquino III.
They are Justices Maria Lourdes Sereno, Bienvenido Reyes, and Estella Perlas-Bernabe. Senior Associate Justice Antonio Carpio and Jose Mendoza joined those who opposed Arroyo’s request.
Chief Justice Renato Corona, meanwhile, led the eight justices who ruled in favor of Arroyo’s petition. He was supported by Justices Roberto Abad, Jose Perez, Diosdado Peralta, Lucas Bersamin, Presbitero Velasco, Arturo Brion and Martin Villarama.
Justices Teresita Leonardo de Castro and Mariano del Castillo took no part since they are on official leave, Marquez said. (Virgil Lopez/Jill Beltran/Jonathan de Santos/Kathrina Alvarez/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/11/15/arroyo-couple-blocked-airport-190702
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SC allows Arroyo treatment abroad
MANILA, Philippines – The Supreme Court (SC) issued today a temporary restraining order, preventing the implementation of the Department of Justice’s (DOJ) watchlist order (WLO) against former President and now Pampanga Rep. Gloria Macapagal-Arroyo.
SC spokesman Midas Marquez said that eight justices voted for and five voted against the issuance of the TRO. He said that only 13 of the 15 justices participated in the voting because two were on leave.
The five dissenters were justices Antonio Carpio, Jose Mendoza, Maria Lourdes Sereno, Bienvenido Reyes and Estela Perlas-Bernabe.
The eight justices who voted for the issuance of the TRO were Chief Justice Renato Corona, justices Presbiterio Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin, Roberto Abad, Martin Villarama and Jose Perez.
Justices Mariano del Castillo and Teresita Leonardo-De Castro were on leave.
Marquez said that the TRO issued by the high court is “indefinite” and can be lifted anytime.
He said that majority of the justices voted for the issuance of the TRO because the Arroyo couple was able to show in their petitions, which have been consolidated, that their inclusion in the immigration watchlist was “probably an injustice to them” as no cases have been filed against them by the government in any courts.
He added that the TRO prevents the DOJ from implementing the Circular No. 1, which was the basis for the issuance of the WLOs against the Arroyo couple.
Marquez said that all parties concerned are required to submit their comments to the decision in three “unextendable” days. The high court is also calling for oral arguments, which was scheduled on November 22 (Tuesday next week) at 2 p.m.
Arroyos will return
Marquez said that the Arroyo couple can leave only after their compliance of three conditions set by the high court.
The three conditions include:
In an interview with Philstar.com, lawyer Ferdinand Topacio said that they will try to immediately comply with all the requirements of the TRO.
Topacio, who represents the former first gentleman, said that they have to speed up their compliance of the three conditions as “the former president is really in bad shape.”
Meanwhile, Topacio assured that his client and the former president will return to the country to face the charges that have been filed against them.
“We assure them that the Arroyos will return and submit to the judicial process,” said Topacio.
Mr. Arroyo said in an initial statement that the SC’s decision was a “triumph of justice.” Mrs. Arroyo’s spokesperson, declined to immediately issue a statement as they have yet to receive a copy of the SC’s decision.
The Arroyo couple is being investigate by the joint panel of the DOJ and the Commission on Elections (Comelec) for their alleged involvement in the massive cheating during the 2007 mid-term elections.
The two Arroyos are also separately facing plunder charges in the DOJ and the Office of the Ombudsman.
In denying the travel request of Mrs. Arroyo, De Lima said she was not convinced that there is an “exceptional reason” and “immediate and compelling necessity” for Mrs. Arroyo to seek treatment abroad.
President Benigno Aquino III had said he supports De Lima’s decision, adding that medical experts have assured that Mrs. Arroyo’s bone ailment can be treated in the country.
Aquino has also offered to fly in foreign specialists and to shoulder the medical expenses of Mrs. Arroyo in the country, which the former president immediately turned down.
De Lima and Aquino had both expressed suspicion over the Arroyo camp’s constantly changing list of countries of destination in their travel requests.
The two also said that they could not allow the former president to travel to countries where the Philippines has no existing extradition treaties, saying that Mrs. Arroyo can decide not to return to the country to face the charges against her.
In her requests, Mrs. Arroyo included her husband, spokesperson Elena Bautista-Horn, and several others in the entourage.
De Lima said that based on the latest application of Mrs. Arroyo, the former presidents intends to seek treatment in Singapore, Germany and Austria.
The Philippines has no extradition treaties with the three countries.
The Arroyo couple’s son, Ang Galing Pinoy party-list Rep. Juan Miguel “Mikey” Arroyo has also been allowed to leave the country.
The younger Arroyo, who is facing several counts of tax evasion charges, was allowed by the Quezon City regional trial court to travel to the United States from November 14 to December 7.
He was scheduled to meet with members of the Filipino community in Southern California to solicit donations for his constituents’ medicines. – Dennis Carcamo
http://www.philstar.com/Article.aspx?articleId=748397&publicationSubCategoryId=63
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