MANILA, Philippines – After former first gentleman Jose Miguel “Mike” Arroyo got a restraining order on the implementation of the watch-list order issued against him, now it’s the turn of former Philippine Amusement and Gaming Corporation (Pagcor) Efraim Genuino to ask for the same relief before the Supreme Court.
In his 27-page petition for certiorari and prohibition, the former Pagcor chief asked the high court to stop the Department of Justice from implementing the hold departure order (HDO) against him and his children Erwin, who ran for the mayoralty race in Makati City and Sheryl Genuino-See, the representative of Batang Iwas Droga (Bida) partylist.
They also asked that the high court declare as null and void circular no. 041-10 for being unconstitutional because it violated the people’s right to due process.
The DoJ circular issued June 7, 2010 is the consolidated rules and regulations governing the issuances and implementing of hold departure orders, watchlist orders, and allow departure orders.
The circular, among others allows the Secretary of Justice to issue HDOs “against any person, either motu proprio, or upon the request by the Head of a Department of the Government; the head of a constitutional body or commission; the Chief Justice of the Supreme Court for the Judiciary; the Senate President or the House Speaker for the Legislature, when the adverse party is the Government or any of its agencies or instrumentalities, or in the interest of national security, public safety or public health.”
Genuino said in their petition that the circular “is an exercise of arbitrary power, enforcing its edicts to the injury of the persons and property of the citizens. This cannot be considered as valid law.”
“It is respectfully submitted that Circular No. 041-10 is a tool for abuse as an HDO can be issued by the mere filing of a criminal complaint even in the absence of a finding of probable cause or a showing that there exists a threat to national security, public health or public safety,” he added.
In their case, Genuino said they were not informed that an application for an HDO was filed against them, neither were they given an opportunity to be heard.
The Genuinos and several others were included by the Immigration in its hold departure order list after several complaints were filed against them before the DoJ.
Genuino is facing a string of plunder cases before the DoJ – the first over the alleged illegal disbursement of about P26.7 million for the production of the 2008 movie “Baler”; the second about the anomalous release of funding assistance worth P34 million to the Philippine Amateur Swimming Association, Inc. (Pasa) beginning 2007; the third, the alleged misappropriation of at least P186 million that benefited the Batang Iwas Droga (Bida) foundation and other entities from 2003 to 2010; and the last on the alleged malversation of funds intended for rice donations to typhoon victims for electioneering activities.