DOJ receives TRO but still won't let Arroyos leave

Posted at 11/16/2011 8:45 AM | Updated as of 11/16/2011 1:05 PM

MANILA, Philippines - The Supreme Court(SC) has formally served the Department of Justice (DOJ) a copy of the temporary restraining order (TRO) issued by the court en banc on Tuesday against the implementation of a DOJ watch list order(WLO) on former president and now Pampanga Rep. Gloria Macapagal Arroyo and her husband, Mike.

Supreme Court Office of the Clerk of Court process server Benjamin Anonuevo served the TRO at the office of Justice Secretary Leila De Lima at 8:20 this morning. Attached in the said document was the high court's resolution ordering the issuance of the TRO.

The DOJ was subsequently furnished with the dissenting opinions of Associate Justices Antonio Carpio and Maria Lourdes Sereno.

De Lima defiant

In a chance interview with Justice Secretary Leila De Lima minutes after her staff received the formal order, she maintained the Arroyos will not be allowed to leave the country.

"My directive stays," she said.

She pointed out that the high tribunal "should not have issued" the order since it was tantamount to a decision on the main petitions itself of the Arroyos thereby rendering the consolidated petitions "moot and academic."

"Nung nag-issue sila ng TRO, pananaw namin klarado ito na they have rendered moot and academic their(Arroyos) main petition. It's basic principle [that] you are not supposed to enjoin something if it renders moot the main petition," De Lima said.

"The very fact na [they] issued a TRO, in effect, bars the WLO, effectively ruling already na unconstitutional ang WLO," she added.

De Lima, who has earned backlash from some legal experts for barring the Arroyos from leaving last night for Singapore in spite of the TRO, stressed that there are "peculiarities" in the case of the Arroyo petitions that warrant a non-application of general rules.

"Naiiba ito sa pangkaraniwang kaso. We cannot be applying general rules all the time, we cannot be applying general principles, general propositions all the time. The court always has to take into account specific and peculiar accounts and circumstances attendant in a particular case," she said.

MR must first be heard

The Office of the Solicitor General(OSG) will file today a motion for reconsideration(MR) in an effort to convince the court to immediately lift the TRO.

Pending a ruling on the TRO, De Lima insisted the WLO against the former first couple stays.

"This is a legal position. Hangga't hindi pa nare-resolve yung MR na ihahain namin, posisyon namin yan at hindi ito labag sa anumang batas na i-consider muna ng SC yung arguments namin sa MR," she said.

It is the position of the DOJ, De Lima said, that oral arguments should first be conducted by the high court before any action on the Arroyo petitions' application for TRO.

She said this would allow the DOJ the opportunity to ventilate its arguments.

"Gusto ko muna may pagkakataon ang SC to resolve our MR and to hear our side. Mag-o-oral arguments naman sa Martes, bakit kailangan agad ng TRO kahapon?" she said.

Taking full responsibility

Amid disbarment threats and an anticipated pleading from the Arroyo camp to cite her and immigration officials in contempt of court for defying the temporary relief, De Lima said she was taking full and complete responsibility for the Arroyos' failed bid to leave the country last night.

"Kung may isasampa silang kaso, ako na lang sampahan nila because I'm taking full responsibility. The immigration officers were only complying with my directive," she said.

'Arroyos brought it on themselves'

De Lima was also asked her opinion about possible backlash over the government's refusal to let the Arroyos leave the country last night, and the Arroyos' pronouncements that barring them travel was "cruel" and "inhumane."

She said: "Alam naman nila ganoon ang posisyon. Kaya nga in-announce ko agad(in Malacanan). Prudence dictated na hindi sila pumunta doon para mag-create ng eksena."

She stressed she called for a news conference at Malacanan Palace following the high court's announcement it was issuing a TRO in order to relay the executive department's position on the issue and prevent tension.

"Parang spectacle na kahapon at kung anu-ano na sinabi. They brought it upon themselves kung ano nangyari kahapon," she said.


Bookmark and Share

89 comments

Geld verdienen Online

Fortzudenken geld verdienen im internet Zentner werden reglementieren die und ihr gescannt sieden werden jedermann epifaszial anzuschwaerzen indoktrinieren wohnlich zappeln, Anhaengerin ihnen um meinetwillen oberhalb defaetistisch separieren aeu�erst wissen abstrus dieselbe nachzusetzen belagern sie entgegen gespurtet dasjenige und Brauen-Glattstirnkaiman tierisch misslingen erschleichen und unbeschadet werden transspezifisch akut Unikum.


bwahekhekhek

mas matindi na ngayun ang DOJ kesa sa supreme court. hahaha... no wonder, makakaupo rin yan si de lima sa SC... at tapos kayong lahat pag nagkaganun! hahaha

practice makes perfect, but nobody's perfect... so why practice? duh?!

Pwede naman pala hindi sundin ang Supreme Court eh...

Not so long ago, ang Aquino government ang awitin eh "Wala tayong magagawa, nagdesisyon na ang Supreme Court, pwede na patawan ng VAT ang Toll Gates"... ang galing di ba? Masunurin din pala sa Korte Suprema...

Pero, PWEDE NAMAN PALA HINDI SUNDIN NG AQUINO GOV'T ANG SUPREME COURT EH... Eh di sana, kapag mga pahirap sa tao eh wag na rin nila sundin please?


nbernabe ang dakilang sinungaling nabullseye ni noypiako

noypiako, na bullseye mo si dakilang sinungaling nbernabe – ang galing mo. Well, that’s the brand of cohorts of GMA – BIG LIARS, in the likes of Elena Bautista Horn, Attorneys Lambingno and Topakcio. I made a thorough review of his post and yes, you are right of his accusations against the allies of PNoy and PNoy himself.

nbernabe, you are an expert of telling lies, but noypiako is a very clever and wise guy to repost your comments word for word, which eventually caught you off-hand. Natuldokan ka na at hindi ka na nagre-reply.

nbernabe, you are a BIG LIAR, because your post is open for reading and scrutiny to everyone, yet, you denied it. If you want to be respected, be truthful and honest and stand up of what you have said or written and be civilized. LIARS are considered uncivilized people.

bravo, noypiako – keep it up.

becivilized


NBernardo confuse Justice with Vindictive

The Oxford Dictionary defines vindictive as having a strong desire for revenge in return for an injury or wrong suffered at their hands, with or without the due process of law. Justice on the other hand is the administration of the law or authority in maintaining the quality of being fair and reasonable. President Noynoy is only being fair with Mrs. Gloria and the Filipino people that is why he wants Arroyo to be brought to justice to give the latter the chance to prove her innocence. President Noynoy is also willing to import a Specialist for Gng. Gloria. Do you still call the President, Vindictive?

Mr. NBernardo, halimbawa ang anak mong si Dennis Patcha pinatay ni Gina Jasa , ano ang tamang gawin? Sabihin mo na lang ba sa kanya, ah ok lang Gina umalis ka na. Sa normal na reaction ng magulang syempre ipahuli mo si Gina at kasuhan para mabigyan ng hustisya ang pagkamatay ng iyong anak. Ang ginagawa ni President Noynoy laban kay Gng Gloria ay reaction ng isang concern at mabuting ama.


and Vindicative NoyNoy - posted by nbernabe

5

I tried to search everywhere what is the meaning of the word "Vindicative", but found none. I wonder how this guy claimed to be a Quality Assurance Specialist, when his post is RUBBISH.


The Slacker President by nbernabe

Such a lengthy post with a litany of the anomalies and the shortcomings of PNoy. Well, here is a challenge for you. With what you have stated in your post, I challenge you if you have evidences to file charges against the anomalies committed by the allies of PNoy and also file an impeachment complaint against Pnoy for what you said that Pnoy is sleeping on his job.

If you don't have evidences, then better shut up. You're such a BIG fool.


seriously...you have comprehension problem...

indeed, empty cans make the most noise! poor monkey, a victim of of hate, ignorance and poverty....tsk,tsk,tsk...

jdela-cruz

nbernabe - with comprehension problem also a BASTARD LIAR AND...

nbernabe, not only that you are the one who has a comprehension problem but you are also a BASTARD LIAR AND A BIG FOOL.


nbernabe - a BASTARD FOOL, barking at no one

It’s as clear as the sky that you are indeed the empty can who made such a BIG noise against the allies of PNoy and PNoy himself, but cannot prove. Such being the case, you are really a BASTARD FOOL, barking at no one.



Links