JPE scores defiance of TRO

DAVAO CITY ,Philippines  – Senate President Juan Ponce Enrile has scored the government’s defiance of the Supreme Court’s temporary restraining order on the travel ban on former President Gloria Macapagal-Arroyo.

Enrile yesterday said the separation of powers among the executive, legislative and judiciary should prevail at all times, with the three branches of government respecting each other’s position.

The Department of Justice had earlier barred the Arroyos from leaving the country despite the High Tribunal’s issuance of a TRO allowing the former president to seek medical treatment abroad.

“I cannot allow it to continue. It must stop. I must do everything in my power as Senate president and not let such a situation prevail,” said Enrile, who arrived in Davao City Friday night to guest in the “Give Us This Day” TV program of evangelist Pastor Apollo Quiboloy of the Kingdom of Jesus Christ the Name Above Every Name congregation.

Enrile explained that the manner by which the government handled Arroyo’s case smacked of a mockery against the country’s judicial system, adding the SC should be the final arbiter of legal cases.

According to Enrile, the executive should not control both the judiciary and legislative departments.

“The legislative and the judiciary should not be at the mercy of the executive in terms of budget. What is due the judiciary and the legislative should be given to them by the executive,” he said.

The Senate president said he personally visited Arroyo and saw for himself her medical condition.

“Look if Mrs. Arroyo would really want to abscond, she could have done it while she was still fit and in good health and not while she is already sick. I am sure she would return because she would not be that stupid to have built her stature now and just lose everything by running away and leave the country just like that,” Enrile added.

While the warrant issued by a Pasay court for the arrest of Arroyo broke the impasse between the Aquino government and the SC, the latter should consider it an “insult” that the executive followed an order by a lower court while it ignored the TRO issued by the High Tribunal, an official of the Integrated Bar of the Philippines yesterday.

 Lawyer Jose Cabrera, national executive director for operations of the IBP, said there was an “open defiance” by the executive of the TRO issued by the SC on the watchlist order of the DOJ against Arroyo, but (it) instantly followed the warrant of arrest issued by the Pasay City Regional Trial Court for a non-bailable offense of electoral sabotage.

 “The executive must be consistent. It must not choose which order to follow. It must set an example, especially that (Justice) Secretary Leila de Lima is the symbol of the law in the executive branch,” he added.

The IBP official, however, admitted that while the arrest warrant and the TRO on the watchlist order should be treated as two separate issues, the Pasay court’s order prevented a “constitutional crisis” from happening.

 “In one perspective yes, we were able to prevent a graver scenario wherein two branches of government are asserting their powers,” Cabrera said.

 He added that the executive branch should not weaken the judiciary with its defiance of the SC’s order.

“Once you weaken the Supreme Court, everybody suffers… We are inviting a revolt and civil war here,” he said.

 Cabrera stressed that the government cannot just defy the orders of the High Tribunal.

 “Still, the rule of law must be the rule and not the rule of men,” he added.

Sigma Rho backs SC

Members of the Sigma Rho fraternity are calling on law deans, professors, students and other stakeholders to support the SC’s ascendancy amid the continued defiance of the government on its directive.

“If the executive led by President Aquino will not order [Secretary De Lima] to follow the TRO of the SC, it will lead the country to destruction,” Sigma Rho Council secretary-general George Briones said.

Briones, former president of the IBP-Quezon City chapter, said he agrees with the decision of the high court allowing Arroyo to leave the country for medical purposes.

“There is no judge who ordered them not to leave the country. An ordinary law student would know that Arroyo should be allowed to leave,” he said.

The fraternity’s position was contrary to the stand of Justice Antonio Carpio, one of the five justices who voted against the issuance of the TRO.

“He’s entitled to his dissent, but they are only five. If he was with the majority, I will follow,” Briones said.

Carpio and Briones are compadres and both former Grand Archons of Sigma Rho fraternity.

Briones said he acknowledged the sentiment of the people against Arroyo, but the rule of law should be upheld at all times.

He added that the DOJ “is a political office and will push for political agenda. But that is not the IBP way. That is not the Sigma Rho way. We are not into politics.” – Reinir Padua, Edu Punay