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Daily Archives: November 18, 2011

Arrest warrants issued vs Gloria Arroyo, Abalos, and Bedol

This day must have felt like a roller coaster for the former President turned lawmaker. This morning, the Commission on Elections, voting 5-2 in an emergency closed-door en banc session, ruled in favor of filing electoral sabotage charges against her as well as Benjamin Abalos, Sr. (former COMELEC Chair) and Lintang Bedol (former Maguindanao election supervisor).  

Will the ailing Gloria Arroyo spend the coming holiday season under hospital arrest?

The charges were later filed at the Pasay Regional Trial Court. The filing of charges and the issuance of an arrest order, accomplished in less than 9 hours, was obviously designed to render the Supreme Court order for the Aquino government to let GMA travel abroad to seek medical abroad moot and academic. As DZMM’s Dexter Ganibe reported, electoral sabotage is a non-bailable offense, but DOJ “will not object to a hospital arrest” for the leader.  

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(GMANews.tv’s Amita Legaspi filed this report.) A Pasay City regional trial court on Friday afternoon issued arrest warrants against former President Gloria Arroyo and two others hours after the Commission on Elections filed an electoral sabotage case against them.

A report on GMA News TV’s Quick Response Team (QRT), Pasay City Regional Trial Court Branch 112 under Judge Jesus Mupas, said that apart from Mrs. Arroyo, arrest warrants were also issued against former Maguindanao Gov. Andal Ampatuan Sr. and former Maguindanao election supervisor Lintang Bedol.

Electoral sabotage, when evidence of guilt is strong, is a non-bailable offense.

Promptly in a radio interview, the camp of Mrs. Arroyo likened to a “bullet train” the issuance of the arrest warrant against the former Philippine leader for poll fraud.

Mrs. Arroyo’s legal spokesman Raul Lambino, said the issuance of the warrant was so soon and smacked of undue haste, radio dzBB’s Allan Gatus reported.

At a press briefing in Malacañang, Justice Secretary Leila de Lima said they would not object if Mrs. Arroyo’s camp would ask for a hospital arrest.

De Lima said she asked President Benigno Aquino III’s guidance on the matter and the latter told her to treat the former president “with utmost respect in consideration of whatever condition she has.”

Aquino is now in Bali, Indonesia attending the 19th ASEAN Summit.

“Hindi kami mago-object sa hospital arrest pero wala sa amin yan, ang desisyon does not lie with us, the complainant, nasa korte yan. Kailangan humingi sila, I think they should get court approval,” De Lima told reporters.

She added that as long as Mrs. Arroyo stays in the hospital or at her home they would not arrest her.

As of posting time, Mrs. Arroyo remains confined at the St. Luke’s Medical Center in Taguig City.

Although Mrs. Arroyo is now a congresswoman representing the second district of Pampanga, she can still be arrested even when Congress is in session because under the 1987 Constitution, congressmen can be arrested for crimes punishable by imprisonment of more than six years such as electoral sabotage which is punishable by life imprisonment. — with Amita Legaspi/LBG/MRT/RSJ, GMA News

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Supreme Court TRO allowing Gloria Arroyo to travel abroad – FULL TEXT

In this TRO, Supreme Court is enjoining the DOJ from implementing the hold departure order against the Arroyos

GLORIA MACAPAGAL-ARROYO,

Petitioner,

-versus-

Hon. LEILA M. DE LIMA, as Secretary of the Department of Justice and

RICARDO A. DAVID, JR., as Commissioner of the Bureau of Immigration,

Respondents.

X- – – – – – – – – – – – – – – – – – – – – – – -X

JOSE MIGUEL T. ARROYO,

Petitioner,

-versus-

Hon. LEILA M. DE LIMA

RICARDO V. PARAS III

RICARDO A. DAVID, JR.

Respondents.

X- – – – – – – – – – – – – – – – – – – – – – – -X

G.R. No. 199034

G.R. No. 199046

TEMPORARY RESTRAINING ORDER 

TO: Hon. LEILA M. DE LIMA

Secretary

RICARDO V. PARAS III

Chief State Counsel

Department of Justice (DOJ)

Padre Faura St., Ermita, Manila

 

RICARDO A. DAVID, JR.

Commissioner

Bureau of Immigration (BOI)

2nd Floor BOI Building

Magallanes Drive, Intramuros, Manila

GREETINGS:

WHEREAS, the Supreme Court, on November 15, 2011, adopted a resolution in the above-entitled cases, to wit:

G.R. No. 199034 (Gloria Macapagal-Arroyo vs. Hon. Leila M. De Lima, in her capacity as Secretary of the Department of Justice and Ricardo A. David, Jr., in his capacity as Commissioner of the Bureau of Immigration) and G.R. No. 199046 (Jose Miguel T. Arroyo vs. Hon. Leila M. de Lima, in her capacity as Secretary, Department of Justice, Ricardo V. Paras III, in his capacity as Chief State Counsel, Department of Justice and Ricardo A. David, Jr., in his capacity as Commissioner, Bureau of Immigration).- Acting on the Special Civil Actions for Certiorari and Prohibition with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction, and mindful of the underlying issues in the cases – the right to life (which is the highest right under the Constitution) and its supporting rights, including the right to travel – the Court Resolved to

(a) CONSOLIDATE the above-entitled cases;

(b) REQUIRE the respondents to COMMENT on the consolidated petitions NOT

LATER THAN NOVEMBER 18, 2011;

(c) ISSUE a TEMPORARY RESTRAINING ORDER in the consolidated petitions, enjoining the respondents from enforcing or implementing DOJ Department Circular No. 41 and Watchlist Order Nos. ASM-11-237 dated August 9, 2011, 2011-422 dated September 6, 2011 and 2011-573 dated October 27, 2011, subject to the following conditions:

(i) The petitioners shall post a cash bond of Two Million Pesos (P2,000,000.00) payable to this Court within five (5) days from notice hereof. Failure to post the bond within the aforesaid period will result in the automatic lifting of the temporary restraining order;

(ii) The petitioners shall appoint a legal representative common to both of them who will receive subpoena, orders and other legal processes on their behalf during their absence. The petitioners shall submit the name of the legal representative, also within five (5) days from notice hereof; and

(iii) If there is a Philippine embassy or consulate in the place where they will be traveling, the petitioners shall inform said embassy or consulate by personal appearance or by phone of their whereabouts at all times; and

(d) SET the consolidated cases for ORAL ARGUMENTS on November 22, 2011, Tuesday, at 2:00 p.m. at the New Session Hall, New Supreme Court Building, Padre Faura, Ermita, Manila.

The Court further Resolved to NOTE the

(a) Very Urgent Manifestation and Motion dated November 9, 2011 filed by the Office of the Solicitor General (OSG) for respondents Hon. Leila M. De Lima, in her official capacity as Secretary of the Department of Justice and Ricardo A. David, Jr., in his capacity as Commissioner of the Bureau of Immigration in G.R. No. 199034;

(b) Manifestation and Motion dated November 10, 2011 filed by the OSG for respondents Hon. Leila M. De Lima and Ricardo A. David, Jr. in G.R. No. 199034;

(c) Supplemental Petition dated November 13, 2011 filed by counsel for petitioner in G.R. No. 199034;

(d) Comment/Opposition (on/to the Very Urgent Manifestation and Motion dated November 9, 2011) dated November 14, 2011 filed by counsel for petitioner in G.R. No. 199034;

(e) Very Urgent Manifestation and Motion dated November 9, 2011 filed by the OSG for respondents Hon. Leila M. de Lima, in her capacity as Secretary of the Department of Justice, Ricardo V. Paras III, in his capacity as Chief State Counsel and Ricardo A. David, Jr., in his capacity as Commissioner of the Bureau of Immigration in G.R. No. 199046; and

(f) Urgent Manifestation filed by counsel for petitioner in G.R. No. 199046.

The temporary restraining order shall be immediately executory. Justices Antonio T. Carpio and Bienvenido L. Reyes have reserved the right to submit their dissenting opinions. Leonardo-De Castro, J., on official business. Del Castillo, J., on official leave. (adv156 & 157).

NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, Respondents, your agents, representatives, or persons acting in your place or stead, are hereby ENJOINED from enforcing or implementing DOJ Department Circular No. 41 and Watchlist Order Nos. ASM 11-237 dated August 9, 2011, 2011- 422 dated September 6, 2011 and 2011-573 dated October 27, 2011.

GIVEN by the Supreme Court of the Philippines, this 15th day of November 2011.

ENRIQUETA E. VIDAL, Clerk of Court

By:

FELIPA B. ANAMA, Deputy Clerk of Court En Banc

Copy furnished:

Attys. ESTELITO P. MENDOZA, IVY D. PATDU, and HYACINTH E. RAFAEL

Law Office of Estelito P. Mendoza & Associates, Counsel for Petitioner in G.R. No. 199034

Attys. ANACLETO M. DIAZ, MARIA ROSARIO Z. DEL ROSARIO, CHRISTIAN B. DIAZ, and ANALENE V. BALISONG

Law Firm of Diaz Del Rosario & Associates, Co-counsel for Petitioner in G.R. No. 199034

Attys. FERDINAND S. TOPACIO and JOSELITO O. LOMANGAYA

Topacio Law Office, Counsel for Petitioner in G.R. No. 199046

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village, Makati City


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