SC stops watch-list order vs Mike Arroyo
MANILA, Philippines – The Supreme Court has stopped a government order to put former First Gentleman Jose Miguel Arroyo on its watchlist, Voting 13-0, the high court granted a petition by Arroyo for a temporary restraining order on the directive issued by Justice Secretary Leila de Lima.
Former First Gentleman Jose Miguel Arroyo. INQUIRER FILE PHOTO
At the same time, the high court gave Justice Secretary Leila De Lima and Immigration Commissioner Ricardo David 10 days to comment on the petition filed by Mr. Arroyo.
“The Court took into consideration the lack of a pending case against Arroyo as well as the fundamental principle that a restriction on rights should at least have the imprimatur of a court of justice; otherwise, an official of the Executive Department will have the power to determine who will or will not be allowed to exercise his constitutional right to travel,” Chief Justice Renato Corona said in a statement.
In a separate press conference, lawyer Gleo Guerra, deputy information official, said the high court issued the restraining order due to the possibility that the right of the former first gentleman may be violated by the watch-list order issued last August 4.
Associate Justice Maria Lourdes Sereno did not participate in Tuesday’s deliberation as she was on sick leave while an appointment has yet to be made on the position vacated by newly appointed Ombudsman Conchita Carpio-Morales. Newly appointed Associate Justice Bienvenido Reyes who took his oath this morning participated in the discussions.
On August 12, Arroyo went to the high court and questioned the watch-list order issued by De Lima against him after he was implicated in the anomalous purchase of second-hand helicopters by the Philippine National Police.
In a 19-page petition, Arroyo said the order violated his constitutional rights to travel, due process and equal protection.
Through lawyers Poncevic Ceballos and Inocencio Ferrer Jr., Arroyo argued that the order violated section 6, Article III of the Constitution which provides that the “right to travel shall not be impaired except in the interest of national security, public safety and public health, as may be provided by law.”
Arroyo’s lawyers said the former first gentleman was not facing a criminal investigation.
The watchlist was issued by the DoJ based on the request by the Senate that was investigating the sale of the used helicopters, allegedly owned by Arroyo.
Originally posted at 12:41 am | Tuesday, Aug, 23, 2011
