House arrest plea an admission Arroyo ailment not life-threatening

MANILA, Philippines—As far as Justice Secretary Leila de Lima is concerned, the latest move by the lawyers of former president Gloria Macapagal-Arroyo to have their client placed under house arrest instead of hospital arrest was an “implied admission” that her condition was “improving” and not life-threatening.

“To me, that’s an implied admission that her health is really improving. Even in her medical abstracts [it was already indicated] … That’s why my finding or conclusion that there is nothing in her medical abstract stating that her condition was worse at the time she asked for an allow-departure order. That’s why I denied it (her request for ADO),” De Lima told reporters Friday in an ambush interview.

She said the silence of the Arroyo camp on the former president’s alleged life-threatening condition was also noteworthy, adding, “That’s why we really know that her condition is really improving so they’re now asking for house arrest.”

De Lima added that she had also received reports that Arroyo’s doctors were being “harassed” by her (Arroyo’s) lawyers.

She said divulging Arroyo’s “true medical condition” would not be a violation of the doctor-patient privilege the former president’s lawyers had claimed.

“If the medical condition is something that’s very material and central to a particular issue before a court, then that should be disclosed. The doctor-patient privilege is not absolute and there are qualifications under the Rules of Court,” she said.

She added that one situation where the confidentiality rule might be invoked is when the medical information to be provided by the doctors “would tend to blacken the reputation of the patient,” saying, “If the divulging of the ailment will have that effect, for example sexually transmitted diseases, that can be covered by the privilege.”

De Lima went on: “But in this case, why do we want the doctors to testify? To know exactly what is her health condition. Because if the doctors confirm that it’s not really life-threatening, if she really does not have a serious ailment … So what does that prove? That they’ve been lying and that’s not what is contemplated in the Rules. The act of lying then affects their reputation.”

She also stressed that Arroyo’s health condition was “a matter public interest,” and this was one of the reasons the Department of Justice expressed in its latest pleading before the Supreme Court to also have Arroyo’s doctors summoned.

The Supreme Court is expected to deliberate on the DOJ’s request on Tuesday.

Chief Justice Renato Corona said that if the tribunal grants the request, the doctors would be asked to appear on Thursday at the resumption of the oral arguments for the suit filed by Arroyo against the government for the travel restriction against her.

Meanwhile, De Lima said she was leaving it up to the Pasay court to decide if Arroyo would be placed under house arrest.

She said the government’s backing of a house arrest for Arroyo might be perceived by the public as giving her “special treatment.”

“If it’s a house arrest, the judge should study it. It’s also difficult because there’s a perception of special treatment since she is a former president. Can’t she be detained in a facility where there are amenities comfortable enough for her rather than house arrest? That’s what the administration is trying to avoid, to have a perception of special treatment, but then again, the issue is really before the RTC now and it’s really the judge’s discretion but it should be based on substantive consideration,” De Lima said.

The Secretary said that aside from a house arrest, other options available for Arroyo’s detention include a “private arrest” in a government or public hospital, or detention at an “appropriate jail facility.”