Genuino asks SC to lift hold order

Former Philippine Gaming and Amusement Corp. (Pagcor) chair Efraim Genuino has asked the Supreme Court to nullify the hold departure order (HDO) imposed by Justice Secretary Leila de Lima on him and his two children in connection with criminal complaints they are facing in the Department of Justice (DOJ).

Apparently emboldened by the favorable response former first gentleman Jose Miguel Arroyo received from the high court, Genuino petitioned the tribunal to declare as unconstitutional DOJ Circular 41 that De Lima cited as the basis for preventing him, his son Erwin and daughter Sheryl from leaving the country.

He also asked the court to issue a temporary restraining order blocking the implementation of De Lima’s directive.

Circular 41 was signed by Justice Secretary Alberto Agra during the Arroyo administration.

In his petition for certiorari and prohibition dated Aug. 25, Genuino accused De Lima of arbitrarily issuing the hold order without giving him and his children a chance to challenge it, thus, violating their right to due process.

“(The circular) is an exercise of arbitrary power, enforcing its edicts to the injury of the persons and property of the citizens,” Genuino said in his 27-page petition.

“(The circular) is a tool for abuse as an HDO can be issued on 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,” Genuino said.

The current Pagcor board has filed, among others, a plunder case against Genuino for allegedly funneling P186 million of the state-owned gaming agency’s funds to bolster the unsuccessful election bid of the Bida party-list group in the 2010 elections.

The group had Genuino’s daughter Sheryl for its first nominee.