GMA asks SC to stop gov’t from preventing her travel

MANILA, Philippines (1st UPDATE) - Former President Gloria Macapagal Arroyo filed with the Supreme Court (SC) this morning yet another pleading to compel the Department of Justice (DOJ) and Bureau of Immigration (BI) to allow her to travel abroad in compliance with a temporary restraining order(TRO) issued by the high court on a travel ban against her.

In a 12-page urgent motion filed at 11:12 this morning, Mrs. Arroyo stressed that she is "without any other plain, speedy and adequate remedy" but to ask the high tribunal to direct the DOJ and BI to cease and desist from preventing her from leaving the country.

Mrs. Arroyo intends to travel to various countries to seek further medical treatment for her hypoparathyroid disorder, cervical spine problem, and bone mineral deficiency.

Last Tuesday, despite the issuance of the TRO, immigration officials barred her and her husband, Mike, from leaving for their first destination, Singapore. This, after Justice Secretary Leila De Lima gave marching orders for immigration officials to bar the Arroyos from flying pending a ruling on a motion for reconsideration (MR) government intended to file then. The MR was filed on Wednesday.

Mrs. Arroyo stressed theTRO is immediately executory, and lambasted the DOJ and BI for its "defiance."

"By thus continuing to enforce and implement the assailed orders (watch list order and DOJ Department Circular No. 41) and directing the attached agencies of the DOJ to stop petitioner GMA (Mrs. Arroyo) from leaving the country, the respondent DOJ Secretary openly defied the immediately executory TRO issued by this honorable court in blatant disobedience of and resistance to a lawful order of this honorable court," the motion read.

The motion claimed the "defiance of a lawful order" of the high court is "without any justification."

"[I]t would be unthinkable if the decrees of this honorable court are left to the mercy and caprice of a party who does not feel bound by it, even if he were so impelled by the most worthy of motives. If, as here, the Filipino people could see with their own eyes the sad spectacle of an order of the highest court of the land being flouted and disregarded, without action for such an odious breach, then, not only this High Tribunal, but the law itself, stands in disrepute," the Motion read.

The motion stressed Mrs. Arroyo was able to comply with the court's conditions for the temporary relief, namely:

- a cash bond of P2 million;
- a Special Power of Attorney appointing her duly authorized legal representative to officially receive summons and processes on her behalf while she is abroad; and
- a formal undertaking that she will report to the Philippine consulates and embassies in her countries of destination.

The motion also named immigration Acting Executive Director Eric Dimaculangan, Legal officer Atty. Rodulfo Pio III, and a certain "Mr. Vizconde" as the ones who stopped Mrs. Arroyo from boarding her plane Tuesday night.

"When asked to produce the document pertaining to respondent DOJ Secretary's directive, the named BI officials failed to show any. Moreover, they gave no heed to the certified true copy of this court's TRO shown to them as proof of the 'existence' of the TRO and refused to even read the same, again on the basis of respondent DOJ Secretary's verbal directive," the motion read.

The justice department issued a watch list order(WLO)against Mrs. Arroyo, her husband, Mike, and several others last October 27 in connection with electoral sabotage charges pending before a joint DOJ-Commission on Elections preliminary investigation committee. The charges alleged Mrs. Arroyo was behind massive vote-rigging in the 2007 midterm elections on behalf of candidates under her Team Unity ticket.

Mrs. Arroyo questioned the constitutionality of the travel ban before the high tribunal.

Mrs. Arroyo's latest motion, along with other pleadings earlier filed with the high court in connection with the Arroyo travel ban case, is expected to be tackled in tomorrow's special full court session called by Chief Justice Renato Corona. Court spokesman Atty. Jose Midas Marquez said the special session was called because the court was "concerned" about ongoing tensions between government and the Arroyo ca
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Posted in: (TRO), (WLO), DOJ, MANILA, Online Traveling, Philippine