Justice Secretary Leila de Lima is seriously considering placing former President Gloria Macapagal-Arroyo on the immigration watch list because of the mounting cases filed against her.
At the House, Majority Leader Neptali Gonzales II said Arroyo, now a Pampanga representative, could be cited for contempt if she snubbed congressional hearings on allegations of election fraud during her presidency.
“I guess, yes, because she is now the subject of several investigations not just in the DOJ (Department of Justice) but also with what had come out with the PCSO (Philippine Charity Sweepstakes Office). Her name is being mentioned. I am in fact seriously considering that (placing Arroyo on the watch list),” De Lima told reporters.
A watch list is issued by the justice secretary and does not prevent a person from traveling. The person is included on the list to be monitored by the Bureau of Immigration.
In contrast, a hold-departure order is issued by a court and prevents someone from traveling abroad.
“She has to record an explanation (for travel) and she has to move formally to have it lifted,” De Lima said when asked if Arroyo could still go in and out of the country if and when she is placed on the watch list.
De Lima said she had thought about the possibility of placing Arroyo on the watch list earlier except that the former President was then still abroad.
The justice secretary said she could place Arroyo on the watch list either on her own initiative or just wait for a request from any of the complainants of the cases filed against her.
“(With the watch list) I have greater leeway and I have motu propio prerogative… I can always issue that anytime,” she said.
Plunder charges
Arroyo is facing plunder complaints.
Last week, two Bayan Muna representatives filed a plunder complaint in the Office of the Ombudsman against Arroyo in connection with the alleged misuse of at least P325 million in intelligence funds of the PCSO.
The former President is also facing a P550-million plunder complaint filed against her by former Solicitor General Francisco Chavez over the alleged misuse of overseas Filipino workers’ funds.
Arroyo is also accused of cheating in the 2004 presidential election, among other irregularities.
House probe
Gonzales said the House of Representatives could cite Arroyo for contempt if she refused to answer questions from her colleagues on allegations of fraud in the 2004 presidential and 2007 senatorial elections.
“If the question is, can a committee summon a member of Congress? The answer is yes. Why not? If we can summon an ordinary citizen, why not a member of Congress?” Gonzales said at a joint press conference with Speaker Feliciano Belmonte Jr. when they were asked what Congress would do if Arroyo snubbed the hearing.
Gonzales said a member of Congress could be cited for contempt. “If the committee decides in its wisdom to cite (a House member) for contempt, why not? Any member being investigated in the House can be compelled to attend and can be cited for contempt,” Gonzales said.
Zaldy Ampatuan
The majority leader said Arroyo or anyone for that matter could not invoke the right against self-incrimination unless the answer would incriminate her or him because there was “a pending (criminal) case against him or her.”
A resolution filed by the Bayan Muna party-list group seeking an inquiry into allegations of election irregularities in the Autonomous Region in Muslim Mindanao (ARMM) as claimed by former ARMM Gov. Zaldy Ampatuan and former Maguindanao Election Supervisor Lintang Bedol will be referred to the committee on suffrage and electoral reforms, according to Gonzales.
Ampatuan and Bedol accused Arroyo of manipulating the results of the two elections to benefit her and her political allies.
While the House can invite various people, including House members, to its hearings, the basis and the evidence for the invitation should be first determined, Belmonte said.
“I don’t think she (Arroyo) said ‘she doesn’t want to appear.’ It’s in her best interest that her side is known because if you say you have no comment on that, people might think the charges are correct,” Belmonte said.
Ramos precedent
The Speaker later said in an interview that he had not talked with Arroyo about the impending House investigation of the 2004 and 2007 elections since the latter returned from Europe on Saturday.
Asked if he would compel Arroyo, a former President of the Republic, Belmonte said there was a precedent when former President Fidel Ramos himself attended a Senate inquiry.
The Speaker said it would not be wise to assume that irregularities had taken place just because somebody who happened to be there said so.
“Let’s find out first if there is basis for investigation. So, before you start inviting anybody to come here and so forth, there should be basis. We have to lay the basis,” Belmonte said.
The Speaker said he would not want the House to proceed with the inquiry into electoral fraud because House investigations were in aid of legislation.
Comelec, DoJ turf
Belmonte said any charges of poll fraud should be best be handled by the Commission on Elections or the DoJ.
He said it would be too early to talk about the possibility of citing Arroyo in contempt should she refuse to attend a hearing or answer questions from a committee.
“Theoretically, yes (you can), but it would take a long process before we come to that. Also, is there really a need (to invite) or is her testimony really essential here?” he said.