MANILA, Philippines—Don’t be choosy about which court orders to follow.
A lawyer and a high official of the Integrated Bar of the Philippines reminded the government’s executive branch to be consistent and not selective in following court directives in the light of the events leading to the arrest of former president Gloria Macapagal-Arroyo.
IBP executive director for operations Jose Cabrera called on Justice Secretary Leila de Lima at a news forum on Saturday to set a good example “to those who do not know the law” following her “defiance” of the Supreme Court.
He pointed out that De Lima, as secretary of the Department of Justice, was “a symbol of the law” in the executive branch and that the DOJ should support the Supreme Court and not weaken it by defiance.
“The executive branch must be very consistent in carrying out the orders of the court. It must not choose which orders to follow,” Cabrera said.
According to Cabrera, the DOJ should not have defied the Supreme Court’s temporary restraining order against De Lima’s watchlist order barring Arroyo from leaving the country.
He noted while the DOJ continued to implement the watchlist despite the TRO, the police, also part of the executive branch, dutifully served an arrest warrant right after it was issued by a lower court.
“The courts should be followed, from the lower courts up to the Supreme Court. And after the Supreme Court, there is no higher power,” the lawyer added.
He said the TRO and the arrest warrant concerning Arroyo’s case are two different issues independent from one another although both should be complied with.
Arroyo was placed under arrest on Friday evening after she was slapped with a charge of electoral sabotage in a Pasay City court on Friday.
Judge Jesus Mupas of the Pasay City Regional Trial Court’s Branch 112 issued an arrest warrant for Arroyo, former election official Lintang Bedol and former Maguindanao governor Andal Ampatuan Sr. on Friday afternoon.
According to Cabrera, the rule of law must prevail and that the executive branch should not weaken the Supreme Court with its “open defiance.”
“If the executive branch defies the high court, it is a defiance of the fundamentals of democracy. Everybody suffers,” the lawyer said as he called for the adherence to law and the Constitution.
He added: “As long as there is the rule, we must follow it…. We cannot follow the rule of public opinion.”
The lawyer said he has no problem with prosecuting those who are criminally charged but noted that the TRO was issued before charges were actually filed against Arroyo.
With the issuance of the arrest warrant and Arroyo’s arrest, the former President has now been placed under court jurisdiction, Cabrera explained.
On the other hand, the justice secretary’s actions can be also construed as having been made “in good faith.”
“They could say there was no intention to ridicule the court and that the actions were made in good faith to protect the interest of the state,” Cabrera replied when asked what arguments the justice secretary could raise in the face of a looming contempt charge.
The lawer added: “They could also point out that while an error may have been possibly committed, they only wanted to protect the interest of the state in holding those liable (for the case).”
Asked to comment on allegations that the Arroyo camp did not fulfill all the conditions set in the TRO, Cabrera said: “It should be the Supreme Court to determine if there was compliance.”