MANILA, Philippines—Senators were divided over the implications of the electoral sabotage charge against former President Gloria Macapagal-Arroyo even as the Supreme Court made it clear that its temporary restraining order allowing her to leave the country remained in “full force.”
Sen. Edgardo Angara on Friday said the case filed by the joint Commission on Elections and Department of Justice panel in Pasay appeared as an “afterthought” in the face of the legal argument Arroyo could not be barred from leaving without being formally charged in court.
The panel was hoping that the Pasay Regional Trial Court would immediately issue an arrest warrant against the ex-President, who is facing a nonbailable offense.
“You cannot cure an unauthorized ban simply by filing a case after. It may be interpreted as an afterthought,” Angara told reporters.
Sen. Panfilo Lacson welcomed the filing of the case against Arroyo, who was accused of electoral sabotage during the 2007 senatorial elections.
“While the timing of the filing is suspect, it cannot be said that the case was railroaded by the Comelec,” he said. “Be that as it may, let us not forget that the 2007 election was blatantly fraudulent at the behest of (Arroyo) and the Comelec.”
Lacson noted that he himself—together with President Aquino, then a senatorial candidate—was a “victim” of cheating. “It is but right to make (Arroyo) and (former Comelec chairman Benjamin) Abalos et al accountable,” he said.
Sen. Francis Escudero said the raging issue of the DOJ’s defiance of the high tribunal’s TRO would be rendered “moot and academic” in the event that the Pasay RTC issued a warrant of arrest.
In the meantime, he said Justice Secretary Leila De Lima should comply with the TRO.
Said Sen. Franklin Drilon: “It is accepted and unwritten, that once a case is filed and the Regional Trial Court will issue the warrant of arrest, the court will now have full jurisdiction and can issue the hold departure order, which will make the case in the Supreme Court academic.”
Asked if the RTC judge could issue a hold departure order on Arroyo on the same day that the electoral sabotage case had been filed, Angara said in Filipino: “I think it would be much of a harassment already if that happens.”
Majority Leader Vicente Sotto III hailed the SC en banc decision affirming its TRO and requiring De Lima to show cause why she should not be cited in contempt for defying its order.
“The decision in favor of the right to travel is an affirmation of the rule of law for all, without fear or favor,” he said. “I salute the Supreme Court. I’m sure the executive department was expecting that. In basketball, the DOJ is committing a violation called forcing through.”