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Master plans for Metro Manila: What to ask and what to look for - Part 1
InterAksyon.com
The online news portal of TV5
MANILA, Philippines - (UPDATE 5, 3:27 p.m.) Voting 8-5, the Supreme Court on Tuesday issued a temporary restraining order against a government travel ban on former president Gloria Macapagal-Arroyo and her husband Jose Miguel Arroyo, SC spokesman Midas Marquez announced Tuesday.
The TRO clears the way for the ex-president to seek medical treatment abroad, but comes with the following conditions: the Arroyos must post a cash bond of P2 million, appoint a legal representative that will receive summons in their behalf, and call or personally report to the Philippine embassy or post in the country where they are going.
The Aquino government is trying to put in place a slew of criminal cases against the Arroyos, including charges for plunder, graft, and electoral fraud.
"The TRO is in line with the constitutional presumption of innocence," Marquez said, even as he acknowledged that the conditions are in response to the government's fears that the Arroyos are “exaggerating” the former president’s medical condition to escape prosecution.
"There is no case yet, (but) because of the government's allegation that they are going to flee, we just have to put some measures just to let the court know that really they are in the place they say they are," Marquez said, adding that the court will have the final say whether or not the TRO stays.
"The TRO issued by the court is indefinite until the TRO is lifted by the court," Marquez said. "If the court requires them to appear before the court and they don't, that could be a case for the forfeiture of the bond."
He added that the TRO also applies to 37 other persons who joined the Arroyos in their petition.
Marquez said the oral arguments on the case will be on Nov. 22.
Arroyo, now a Pampanga representative, asked the Supreme Court to stop the implementation of the watchlist order after the Department of Justice denied her request to be allowed medical treatment abroad.
The government cited her possible flight from justice because the countries she said she wanted to travel to have no extradition treaties with the Philippines. They include Austria, Spain, Singapore and Germany.
The DOJ issued a watchlist order against Arroyo in connection with the election sabotage case filed against her before the DOJ.
The eight who voted to allow Arroyo to leave the country were: Chief Justice Renato Corona, and Associate Justices Diosdado Peralta, Presbitero Velasco, Lucas Bersamin, Roberto Abad, Martin Villarama, Jose Perez, and Arturo Brion
Dissenting were Associate Justices Estela Perlas-Bernabe, Maria Lourdes Sereno, Antonio Carpio, Bienvenido Reyes, and Jose Catral Mendoza. Bernabe, Sereno, and Reyes are appointees of President Benigno Aquino III.
Marquez said the five wanted the case heard first before deciding on whether to issue a RTRO or not.
The two who did not vote were: Teresita Leonarde de Castro (on leave) and Mariano del Castillo (abroad). With reports from Joseph Ubalde, InterAksyon.com, and Fiona Rozario, TV5
