Arroyos seek legal remedy at SC

MANILA, Philippines - Former president and now Pampanga Rep. Gloria Macapagal Arroyo and her husband, Jose Miguel Arroyo, today filed petitions before the Supreme Court, questioning the watchlist order issued by the Department of Justice (DOJ) against them.

In her 41-page petition, Mrs. Arroyo asked the SC to nullify the watchlist order issued by Justice Secretary Leila de Lima. The order prevents Mrs. Arroyo from travelling abroad.

Mrs. Arroyo told the high court that the watchlist order violated her constitutional right to travel.

She also asked the SC to nullify DOJ Circular No. 41, which gives the secretary of justice the authority to order the inclusion of an individual in the immigration watchlist. The watchlist order requires an accused to seek the DOJ's permission before travelling abroad.

"Department Circular No. 41 issued by the DOJ which is not a law enacted by Congress restricts the right to travel, is, on its face, void for being in violation of the Constitution," Mrs. Arroyo, who was represented by lawyer Estilito Mendoza, said in the petition.

The former president also said thta despite her camp's doubt on the validity of the Circular, she complied with the DOJ's request to submit additional documents to support her plea for an Allow Departure Order (ADO) so that she could seek medical treatment abroad.

De Lima had said that she will issue her decision on Mrs. Arroyo's request this week. De Lima went to Malacañang early today and reports said that she was submitting her recommendation on the matter to President Benigno Aquino III.

Arroyo's camp said that because of the alleged "inaction" of the DOJ on her request, her confirmed appointments for October 24 and 31, November 4 and 8 with doctors at the Mt. Elizabeth Hospital in Singapore have been canceled.

"The inability of petitioner GMA to leave for abroad to alleviate or at least, prevent the aggravation of her hypoparathyroidism and metabolic bone disorder has given rise to the danger that the said conditions afflicting petitioner GMA may become permanent and incurable…The matter is of extreme urgency and petitioner GMA will suffer grave injustice and irreparable injury if the enforcement and implementation of the [watchlist order] are not restrained," the petition said.

Ex-FG's separate plea

Meanwhile, Mr. Arroyo's lawyer, Ferdinand Topacio, told philstar.com in a phone interview that they will also file a petition on the DOJ's watchlist order this afternoon.

Topacio said he, in behalf of the former first gentleman, will file a petition for certiorari and prohibition asking the high court to nullify the DOJ’s Circular 41 which he claims as vague.

"The foremost ground of our petition is the illegality of the DOJ circular simply because it violates the travel clause in the Constitution," Topacio said.

He argued that the DOJ circular should also be voided "for its vagueness."

"It is void for vagueness because it has no standard for persons who would be placed for PI (preliminary investigation). It is the absolute discretion of the Secretary of Justice who should and should not be placed in the watchlist," he said.

De Lima placed the Arroyo couple in the watchlist order for their alleged involvement in the 2007 election fraud. A separate watchlist order was also issued by the DOJ against Mrs. Arroyo for the plunder complaints against her before the department.

A preliminary investigation on the electoral sabotage case by the joint panel of the DOJ-Commission on Elections is now underway.

Aside from the Arroyo couple, also accused of electoral sabotage were several former election officials, including then Comelec chairman Benjamin Abalos and poll Commissioner Nicodemo Ferrer.

Topacio earlier said that he will also question before the high court the legality of the creation of the DOJ-Comelec fact finding body.

He maintained that the Comelec is an independent constitutional body which should not be cowed by another government agency such as the DOJ.

Legal arena

Mrs. Arroyo's spokesperosn, Maria Elena Bautista-Horn, earlier said that their camp is "shifting our battle into [the] legal arena."

Horn said they feel that there have been several opposition to the request of the Arroyos for a checkup outside the country.

She said the former president has been diagnosed with a metabolic bone mineral disorder, but doctors failed to pinpoint the type of the ailment.

"Which kind yun ang di natin alam," Horn added.

Mrs. Arroyo underwent three operations at the St. Luke’s Medical Center-Global City in Taguig since the middle of this year.

Her doctors had said that she has been recuperating well, which is the same findings of Health Secretary Enrique Ona.

Horn, meanwhile, slammed the statement of the Philippine Medical Association that there are many bone specialists in the country who could look at and treat Mrs. Arroyo's condition.

"Ginagawang very simplistic ng PMA ang condition ng former President... Alam natin na gumagawa ng regular bone biopsy dito pero ito ay metabolic bone mineral disorder. Minerals ng buto ang problema so we are asking them for a list of specialists and the protocols they will do. Ibigay na lang ang mga pangalan at ‘wag nang mangampanya sa media," she said.

Horn also stressed the urgency of Mrs. Arroyo’s treatment abroad, saying that the four parathyroid glands of the former president have not been functioning properly.

"Gusto nating masubukan paandarin uli ang gland na ito. May critical aspect ang timeline. The sooner they regenerate the gland the better," she said.