Arroyos dared to stay for final High Court decision
Tuesday, November 15, 2011
SENATE Minority Leader Alan Peter Cayetano challenged Pampanga Representative Gloria Macapagal-Arroyo and her husband to stay until the Supreme Court (SC) makes a final decision on the watch list order that the court issued an injunction against earlier Tuesday.
He said since oral arguments on the Arroyos’ consolidated petition are set for next Tuesday, the couple can wait for the final decision.
“What if the Supreme Court lifts the (Temporary Restraining Order) on Tuesday and says the government can keep them from leaving? What if they’ve already left?” he said.
He added the SC should find a balance between an individual’s rights and the nation’s right to seek justice.
“If they want to clear their name and prove that they did not lie, cheat, and steal, then I suggest that the Arroyos should not try to escape just yet and wait for the final decision of the Supreme Court,” he said.
The senator also doubted that conditions set by the SC to allow the Arroyos to travel, which include payment of a P2-million bond and to report to Philippine consulates abroad, can keep the Arroyos, allegedly involved in plunder and election fraud, from fleeing if they decide to.
“All throughout history, what has man been willing to give for freedom?” he said.
Senator Francis Pangilinan, in a text message to Sun.Star, said the SC’s credibility and integrity will be damaged if the conditions it set fail to compel the Arroyos to return.
“If they do not (return), then the Supreme Court must be prepared to take the flak from a public disgusted with abuse and corruption in government,” he said.
Pangilinan supported the Department of Justice (DOJ) decision to deny Arroyo’s request to leave the country, saying the drive against corruption will suffer a big blow if the Arroyos evade complaints filed against them.
Senator Miriam Defensor-Santiago, an expert on Constitutional law, meanwhile, welcomed the SC decision, saying despite the political aspect of the issue, it is actually very simple.
“Does a person have a right to travel? Answer: Yes, as a general rule,” she said, adding national interest is not among the exceptions on restricting travel allowed by the Constitution.
Under the Constitution, travel can only be restricted for national security, public safety, and public health.
“I am very glad that this is the decision of the Supreme Court not only because I predicted it, but also because I believe that here we find the Supreme Court impervious to political considerations,” she said.
Senator Francis Escudero, chairman of the Senate committee on justice, also called the decision reasonable and fair.
He has been critical of the DOJ for using an Arroyo-era memorandum to put Arroyo, her husband, and others on a travel watch list that effectively acts as a hold-departure order. Under that memorandum, people on the watch list need clearance from the DOJ to leave the country.
Escudero said although he believes the former President has to answer for accusations of corruption and poll fraud, she should be made to do so under the Constitution.
Arroyo, and Escudero himself, questioned the legality of the memorandum, saying it violates the right to travel.
“An illegal and unconstitutional circular issued during (Arroyo’s) time remains the same even if used against herself now. If her administration resorted to tactics like this then, something should set the present administration apart from its predecessor by going through and recognizing due and legal processes,” he said.
He said the only way to keep the former President from leaving the country is to file charges in court and ask the court to issue a proper hold departure order.
Pangilinan, also a lawyer, told Sun.Star earlier Tuesday that an arrest warrant is needed to keep Arroyo in the Philippines.
“What is important is that the legal processes are respected and observed as both government and the Arroyos assert their respective legal positions,” he said.
Cayetano said, however, that there should be no “fault-finding” on the lack of court cases against the Arroyos.
“I join the other senators in calling for the cases to be filed immediately. But remember that it is also important that the cases to be filed are foolproof and are backed up by strong evidence. We cannot blame the others who plan to file cases but took time to make sure witnesses are present and evidence is intact,” he said. (Jonathan de Santos/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/11/15/arroyos-dared-stay-final-high-court-decision-190746
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