Senator warns of constitutional crisis
By Virgil B. Lopez
Wednesday, November 16, 2011
A CONSTITUTIONAL crisis is looming after Justice Secretary Leila de Lima ignored a Supreme Court (SC) decision allowing former President Gloria Macapagal-Arroyo to seek medical treatment abroad, a lawmaker said Wednesday.
Senator Francis Escudero said the Department of Justice (DOJ) should stop coming up with “absurd ideas” about the laws of the land just so it can be experimented at the SC.
He was referring to the government’s request on Wednesday to lift the temporary restraining order (TRO).
“They are handling this case with braggadocio to the point of dragging the entire nation into a constitutional crisis,” he said, adding a TRO cannot be questioned through a motion for reconsideration.
The senator earlier expressed his opposition to the implementation of the DOJ Circular 41, which was used by de Lima to bar Arroyo and her husband Jose Miguel from leaving the country while criminal charges against them are under preliminary investigation.
For his part, Senator Vicente Sotto III said Tuesday’s issuance of a TRO proved Malacañang’s legal experts wrong and showed that most senators were right in citing the flaws of the moves of the Executive Department.
“I’m sure they (government) can devise of ways in forcing her to come back and face the charges in court. But what charges are we talking about in the first place?” he said.
Meantime, Chief Justice Renato Corona will hold a special en banc session to discuss the pleadings and issues regarding the court’s decision to allow Arroyo and her family from leaving the country.
Minus Justices Teresita Leonardo de Castro and Mariano del Castillo who are still on leave, the rest of the 15-member court will meet at 11 a.m. Friday, SC spokesperson Midas Marquez said in a briefing late Wednesday.
Among those that will be discussed in the meeting is the Arroyo camp’s request to reset the oral arguments originally scheduled on November 22 (Tuesday) and the government’s decision to block the former President’s flight to Singapore last Tuesday night.
In a three-page motion, Arroyo’s lead counsel Estelito Mendoza said he could not attend the oral arguments on the watchlist order issued against his client because he will have a speaking engagement at the University of the Philippines College of Law on the same day.
“This lecture has been scheduled several months ago and invitations have already been sent,” Mendoza, who finished law as cum laude in 1952, said.
Mendoza, who served as justice minister from 1984-1986, is asking the court to hold the debates between Friday and Monday next week.
He also asked de Lima to attend the hearings.
The government’s motion to nullify the TRO against the watchlist orders will be tackled in the en banc session, Marquez said.
“The TRO stays. That’s the position of the Court. It’s immediately executory and continuous to be effective until lifted or suspended by the court. The court is concerned, of course, on the compliance with this order,” Marquez said.
Voting 8-5, the SC approved Arroyo’s travel request since she is still presumed innocent in plunder and electoral sabotage charges.
This privilege was also applied to the former First Gentleman, who has since denied allegations that he benefitted from supposed onerous government transactions. (Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/11/16/senator-warns-constitutional-crisis-190945
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