Hold departure order vs Teehankee sought

MANILA, Philippines – A prosecutor who handled the case against Claudio Teehankee Jr. has asked Malacañang to issue a hold departure order against the convicted murderer now that the pardon granted by President Arroyo is being questioned before the Supreme Court.

Lawyer Ernesto Francisco Jr., in a letter to Executive Secretary Eduardo Ermita, said his petition before the Supreme Court also sought a writ of preliminary mandatory injunction to recommit Teehankee to the New Bilibid Prisons in Muntinlupa.

“So as not to render moot and academic the reliefs that I am seeking in the aforesaid petition, a hold departure order against Teehankee should be issued pending final adjudication of the petition,” read the letter.

“The issuance of a hold departure order against Claudio J. Teehankee Jr. is a precautionary measure to prevent him from leaving the Philippines and to likewise ensure that in the event the Supreme Court grants the reliefs prayed for in the said petition, he can easily be taken into custody and recommitted to prison.”

Francisco said his appeal to Malacañang is provided for under Department of Justice Circular No. 17 or the rules and regulations governing the issuance of hold departure orders.

The circular states that a hold departure order may be issued upon the order/instruction of the President in the interest of national security, public safety or public health, he added.

Francisco said while Justice Secretary Raul Gonzalez can issue the hold departure order, his pronouncements regarding the case of Teehankee showed “utmost bias against the family of one of the victims.”

The Executive Secretary has the discretion to take precautionary measures to ensure that Teehankee “will be within the reach of the arms of the law in the event the Supreme Court rules that his release is not valid,” he added.

Francisco said no other agency or court can issue the hold departure order because court rules dictate that only the regional trial courts handling the criminal cases may issue it.

Since the criminal case against Teehankee has long been terminated, only the justice secretary and the President can now issue a hold departure order, he added.

In his petition before the SC, Francisco said Mrs. Arroyo committed “a grave abuse of discretion amounting to lack or excess of jurisdiction” when she granted pardon to Teehankee. – Marvin Sy