“Watchlist Orders” have been in use for 39 years, Arroyo’s ex-Justice Secretary Raul Gonzalez says – My exclusive
By Raïssa Robles
PART 1:
A piece of paper called the “Watchlist Order” is all that’s keeping ex-President Gloria Macapagal-Arroyo and her husband from traveling overseas. They have asked the Supreme Court to scrap Watchlist Orders altogether because these violate their constitutional right to travel. They pointed out that no case has been filed yet in court against them.
But their motion has angered Yogie Martirizar, who has been prevented from traveling abroad for the last four years by a similar Watchlist Order imposed on her by the government of former President Gloria Macapagal-Arroyo.
Her requests to scrap the Watchlist Order were repeatedly turned down by the Arroyo government, Martirizar’s lawyer Nena Santos told me in an interview.
Martirizar’s case is particularly interesting because she suffers from a similar endocrine disorder as Mrs Arroyo. Santos said:
Martirizar suffers almost the same calcium deficiency absorption sickness as that of GMA. She has doctors in the Philippines that treat her for the same sickness as Arroyo.
Like the Arroyo couple, Matirizar is also charged with electoral sabotage. And like them, her case is still also under preliminary investigation and has not reached the court.
UPDATE: I’ve elaborated on Yogie Martirizar’s case in a recent post entitled – Gloria Arroyo’s downfall actually started in July
And contrary to what some commenters have pointed out to me, I want to repeat that to this day Martirizar’s case has remained under preliminary investigation at the Pasay City Regional Trial Court, the same place where Mrs Arroyo is now charged with the same crime of electoral sabotage.
Martirizar and Arroyo might even meet in court because she is now one of the witnesses for the prosecution against Arroyo.
Martirizar’s lawyer Nena Santos said:
When they were not affected, it was okay for them to affect ordinary citizens like my client with the Watchlist Order and let her suffer. Now, it’s karma. They want it removed.
Arroyo should be treated same as Martirizar, pursuant to Justice Secretary Alberto Agra’s Watchlist Order. Martirizar was not allowed by immigration to travel; GMA should likewise be treated the same with her own administration department order that curtailed Martirizar’s right to travel.
The Supreme Court will meet Tuesday on Arroyo’s plea. Santos said she might intervene because an SC ruling in Arroyo’s favor would prejudice her client:
I want to tell the Supreme Court that before, when my client was prejudiced (by the Watchlist Order), they did not complain. Now that they are affected they want it declared illegal and unconstitutional. Are they admitting now – that even before – they knew it was unconstitutional and illegal and yet they used it against my client?
Santos said they had never questioned the Watchlist Order because:
When a government agency issues an order, there is a presumption of regularity and validity.
Santos estimated that several thousand Filipinos have been similarly affected by Watchlist Orders imposed during Arroyo’s nine-year presidency. [The present Watchlist itself is unavailable online. But you can get an idea of how extensive it is by viewing the historical list of “lifted” Watchlist Orders”. To do that, click on this link.]
From the Philippine Bureau of Immigration website
Santos said that if the SC rules in Arroyo’s favor, the other “victims” of Watchlist Orders could use the court ruling to file a damage suit against Mrs Arroyo and her former justice secretaries who had prevented them from traveling abroad even though they knew that Watchlist Orders violated the Constitution. She said that after all, the Justice Secretary is the alter ego of the President and acts on her behalf.
PART 2:
Wanting to know more about Watchlist Orders, I turned to a reliable expert – Arroyo’s former Justice Secretary Raul Gonzalez.
He was her Justice Secretary for five of nine years. Besides, I noticed on the Bureau of Immigration website that Gonzalez had been “lifting” numerous Watchlist Orders during his watch, which made me curious about how those orders are imposed and lifted.
This is what Gonzalez told me:
The use of the Watchlist dates back to the Martial Law years (imposed in 1972). I (myself) was in that watchlist before, during Martial Law.
I asked him whether the Justice Secretary had the power to put names on the Watchlist Order. He said:
Yes. The watchlist in effect is an order to prevent criminals or violators of the law from just flying in and out of the country without any alert.
I asked him whether he could put on the Watchlist the names of people who are still under preliminary investigation and who have not been charged in court. He said:
As far as I’m concerned at that time (I was Justice Secretary) – yes – but that has got to be used with discretion.
If I’m on the watchlist, for example, the immigration will stop me from leaving.
Normally,what really should be done is if you suspect you might be in the watchlist you check with Immigration first before you go to the airport. That is the more prudent thing to do.
The government has to protect the integrity of processes in the country.
During the course of the interview, I asked Gonzalez thrice the same question – Just to clarify, Sir, are you saying that people who are under preliminary investigation with no case filed yet in court can be placed on the Watchlist?
Thrice, Gonzalez replied:
Yes.
He explained that –
When there is a preliminary investigation, at least there is already a case. Medyo may basis na – kasi may kaso na ending before the prosecutors. (There is somewhat a basis because there is already a case ending before the prosecutors.) But that is not something that will take the place of a court order. The Constitution speaks of a court order.
In my time, when somebody was in the watchlist and when his lawyer would call me and complain, that gave me the chance to make an appreciation of his case and status.
You see, a watchlist may be the result of a rumor. There are people who may be envious of somebody. Let’s take the case of the husband – who wants to leave – the wife asked for him to be on the watchlist because the husband is taking all his children, things like that.
This is not something that has to be abused.
There is really a fundamental right to travel. A humanitarian right and a constitutional right.
I asked Gonzalez if the legal basis for the Watchlist was really the 1987 Administrative Code.
He said:
I think so. I’m not very sure of that now.
I asked him – Is the Secretary of Justice ultimately responsible for putting people on that Watchlist?
He said:
Of course.
Then I added, but can the Secretary of Justice delegate this function?
He said yes but the Secretary of Justice ultimately remains responsible:
When the Secretary of Justice accepts a request for somebody to be placed under the watchlist, you do not always have time to examine that (request). So you phone the complainant to let that person justify it. The prudent Secretary, if there is such a thing, will try to make some preliminary findings that this request is true or not.
A very close friend of my wife wanted somebody to be placed on the watchlist. He has abandoned a daughter of this friend of ours – you watch out for cases like those, somewhat flimsy.
I asked him if anybody ever questioned the constitutionality of Watchlist Orders during his time. He said:
No, because there is a presumption of good faith.
Do you think GMA should be on the Watchlist, I asked him. Gonzalez replied:
I don’t want to discuss the case of Mrs Arroyo. That’s sub judice. I was one of those who asked her to file this, to go to the courts. About a week ago I had lunch with her.
How was she? I asked
She is sick. You can see. I have been with her for more than five years. She’s weak. I had lunch with her. You could see her appetite is not good.
Will you help her, I asked. He said –
If they will ask me. Although the president considers me as an adviser in these legal things. I asked her about her lead counsel. I said Maam if you need me just let me know. She’s in very good hands with Titong Mendoza.
I just want to tell you – during Martial Law at the cruelest period of our history – Ninoy (Aquino, the incumbent President’s father) was convicted, by Military Commission Number 2. I was one of his lawyers.
(When Ninoy fell sick and needed operation abroad) Imelda (Marcos) even escorted Ninoy to the plane at that time. Not only Ninoy, (Senator Jose) Diokno was also allowed (to go abroad). He was an inmate to Ninoy in Laur. Diokno was also allowed to leave for the US.
(Jovito) Salonga was also allowed to go. And Salonga never came back until the end of Martial Law.
Do you think Arroyo will return if allowed overseas, I asked him. Gonzalez replied:
She will return, I’m sure of that. She will return. I don’t think she will leave her name in the mud I don’t think she’s (Senator Panfilo) Lacson.
He added that in Arroyo’s case,
The use of the Watchlist is obviously being abused now.
When I asked him to elaborate, he said,
I would not like to discuss it.
Of the current Justice Secretary Leila de Lima, Gonzalez had this to say:
Obviously, while she is the one making the order, she is under orders herself. How many times has she said she will make a decision already. She and Ona (the health secretary) were called to the Palace.
Now we know each other. Her father is a close friend of mine. We were both governors of IBP (Integrated Bar of the Philippines) during Martial Law years. Her Auntie Lilia – the one in the EPZA (Export Processing Zone Authority) is also a friend of mine.
Why she doesn’t bend, she’s afraid she might lose her job.
I asked Gonzalez again whether a Justice Secretary could delegate the Watchlist function. He said:
At the end of the day, it will be the Secretary to determine.
I had a political enemy before – in Iloilo – na watchlist siya – he was leaving for Europe. I allowed him to go. I let him go. You have to do this always with a degree of fairness. Of legality.
And so I asked Gonzalez – do you think placing GMA on the Watchlist is unfair? He replied –
I think you can read it (my answer) already.
_______________________________
Related Stories
Gloria Arroyo’s downfall actually started in July
How Gloria Macapagal-Arroyo got caught in her own mousetrap – halo vest and all
GMA photo wearing “halo vest” released by lawyer of last resort
Filipino endocrinologist calls GMA spokeswoman “funny”
The only cure for ex-President Gloria Macapagal-Arroyo
Willy says
Have her Dr. Bill Murray (convicted Michael Jackson’s physician) take a look at her, prescribe Profanol and let her wither away.
zaldy says
LOL:xD
Crischellyn Abayon says
I am especially pleased with this article. I was never a fan of ex-PGMA. This article gave a face to the injustices that she and her cronies have done in the past and how funny it is that they are actually suffering the adverse effects of their own evil doing.
It is funny how Gloria could still come and beg her appointees in the justice system to move the way she wanted them. Do these people even have the nerve to flinch or bat an eyelash on what their “Goddess” wants them to do?
One of her lawyers even said he would bet his balls into this issue? How pathetic of them!
They could simply get treated here in the country and Pnoy is right, fly in the best doctors if they are not convinced of our doctors here.
Thank you for a brilliant article like this one.
Jacob says
I have an idea, lets use this as a HUGE WAKE UP CALL to modernize medicine in the Philippines so that GMA (who had many years to modernize the RP) could get treatment in her own country. How sad is it that she is basically advertising the inability of Filipino doctors to treat her. SHE LED THE COUNTRY FOR HOW MANY YEARS AND NOW CANT FIND A DOCTOR? Who doesnt see the problem there? Maybe she should admit to stealing tons of money that should have gone into basic things like medical training, medical schools, and hospital programs.
So many things are wrong here to me….first of all, isnt she serving in Pampanga? And shes sick? Who would vote a sick woman into office? (I smell election fraud there too)
I went to the Philippines in Feb. 2008, and as an American I must say, that she is guilty of many things if not electrion fraud. (ZTE SCANDAL) for one. I passed by Makati on EDSA only to see the entire city hanging flags and handing out bumper stickers saying “Moderate your greed, exterminate your breed.” Well, looks like Karma is trying to answer that.
I hope she comes to USA, I will show her a piece of my mind.
raissa says
Yes. Let’s.
Jose Genaro L. Catolico says
Salamat sa pagmamahal mo sa bansa natin. During their times they destroyed the image of our country and now they destroyed the images of our doctors in the Philippines by telling that our doctors are not best or incompetent. Nakakahiya po ito sa aming nasa ibayong dagat. Sobra na po they were still powerful and a harm to my bansang pinakamamahal.
hungynhandsome says
Ang Issue ba dito ay ” The Tight to travel” …. pero ang gustong mangyari ni Arroyo is the right to “eskapo”… takbo na arroyo… takbo na…. eto na yung gusto mo… Tumakbo kana…hanap ka na ng matataguan mo.. kaya pag labas ng TRO eksena agad…takas na…. kung naging mabuting tao ka lang sana… nandaya kana sa eleksyon (pekeng pangulo) nang gulang ka pa…ayaw mo pa umalis noon.. huh !..Karma!…Karma!.. pati yung mga nakinabang sayo ma karma din sana…
what da? says
naku naman bakit naman gustong umalis agad ni Madam Arroyo eh meron namang maaaring gumamot sa kanya dito sa Pinas. lalo yatang nagkakasakit iyang si Madam dahil sa konsensiya niya (psychosomatic). ang karma eh me cumulative effect –kung sobra ang pagka corrupt mo the more din ang psychic pain na maramramdaman mo at ito ay nagmamanipesto sa katawan sa pamamagitan nang karamdaman. haaay naku dapat wholistic approach ang pag gamot kay Madam Arroyo; simula sa konsensiya hanggang sa talampakan.
Tarpulano says
Gonzales remains Arroyo’s puppy.
Edong2 says
I’m confused. So Martirizar did not secure a TRO?
raissa says
Never.
BUilder says
Ma’am Raissa, this is a good article. I learned a lot from it. But I have a question, I am not a Lawyer, I’m an Engineer. How’s the SC justices selected or appointed? May process ba na sinusonod dito? Sa tingin ko lang ha, pwedeng gamitin ng isang appointing official ang SC sa kanyang pansariling kapakanan lalo na kung siya ang ng appoint sa position.
Thanks and more power.
raissa says
Mahabang usapin yan.
Recall that the Chief Justice was a midnight appointee.
leonardo de luna says
hindi ba ginawa na ng mga arroyo yung mga paraan na naka saad sa watchlist order bago pa sila tumungo sa SC? marami silang hinihinging mga papeles na binibigay naman ng mga arroyo, but the DOJ sec did not bother to grant there request to seek medical attention abroad,,,, secretary gonzales said na marami ng nnangyari na may nagapply sa kanya na malift yung wlo nila para makalabas na pinagbigyan naman ng secretary gonzales,,,pero si de lima ginawa nyang baboy ang constitution dito,,,,
zaldy says
mas importante ang taong bayan kesa interpretasyon ng supreme court sa konstitusyon. kaya nga ibinoto si pinoy dahil gusto ng taong bayan na magbayad sa mga kasalanan nya si gloria.
Jose Genaro L. Catolico says
Tama po igan… dami nilang kasalanan nagawa sa sambayanan pilipino at kelangan nila itong harapin at pagbayaran. naghahanap ng hustisya ang bansa kong pinakamamahal na sinalaula ng nakaraan administrasyon. Sa dami nang nagtangol sa inang bayan ko na hindi na mabilang lahat ng yan ay binalasubas nila at pinanaig ang kadiliman sa kanilang panahon. Medyo paaliwalas na ang panahon at nagbubukang liwayway na sa ating bansa…. wag po natin hayaan sirain pa ito ng mga tinagurian evil society na gustong maghasik ng kaguluhan sa atin bansa. Maawa po kau, Pinakamamahal ko po bansa ko.
Vic says
Subrang sakto ang ginawa ni De Lima… Useless lang ang pag alis ni Arroyo kung maiihain agad ang Warrant of arrest just like yesterday. Yan ang habol ni De Lima. Ang TRO is independent sa Case ng Electoral Sabotage. Alam ng Arroyo na walang pyansa ang kaso nya, kaya nagmamadali syang nagpa book sa ibat ibang Airlines. Very obvious ang ginawa nya. Isa pa, alam na alam ng mga arroyo na VERY SOON may warrant of arrest sya kaya nagmamadaling mag attempt lumabas ng bansa.
frian says
salamat naman at hindi nakaalis ang Arroyo family or else saan tayo pupulutin, saan natin hahabulin ang mga hina….na yan, sa dami ng kinulimbat na pera na mga yan kahit saan sila magpunta sabuong mundo man o sa buwan kaya nila. So wag na kayong mag taka kung sya ay nakakulong ngayon,
Jerry Ocampo says
Miss Raissa Robles, if you are really so keen in being fair, why have you not published the responses of Abnoy Chronicles to your blog? Is there a particular reason why the response is still in “moderation” after 5 days? Or are you just so afraid that the lapses and misconceptions that you propagate through your blog will be soon found out? Of course, nothing less could be expected from an apologist of Noynoy Aquino.
ayayayay says
awww come off it—-jerry; why do you call Noynoy as Abnoy. that is soooo juvenile (some may concur infantile). have some respect for the Office of the President. and by the way check your grammar :))
Jose Genaro L. Catolico says
Sama ako jan kasi tama ka jan igan… nakikita yan at nahuhuli sa pananalita na talagang myembro ng isang evil society itong si jerry et all kasi hindi alam ang katotohanan at ayaw baguhin ang imahe ng bansa natin sinalaula ng nakaraan administration. Naiintindihan mo ba na laking kahihiyan ang naidulot ng amo mong si GMA dito sa aming nasa ibayong dagat at amoy na amoy ang kabahuan nagawa ng GMA evil society club na pinagtatangol mo? Ang tao nga naman nagbubulagbulagan kelanman hindi papanig sa katotohanan di po ba jerry? Maawa naman kau sa pinakamamahal kong pilipinas at para ito sa susunod pang saling lahi natin. Bumangon ka Pilipinas sa mga dating nanikil at sumalaula sau at ating tulungan ang ating mga bagong liderato ng ating bansa.
zaldy says
hahahaha makukulong na gloria!
ayayayay says
I’m with you Zaldy and Jose Genaro L. Catolico
–Let’s jump for joy. Sana yung selda niya ay decorated nang mga graphic photos nung mga Ampatuans’ victims. Ipagpatuloy natin ang paglilinis nang ating Inang Bayan.
Vic says
Don’t criticize the Blog of Miss Raissa Robles.. Read and understand the whole thing Miss Jerry. I knew how you feel. Trust your mind, not your feelings to GMA.
1234 says
That’s fine. At least Gloria did something good for the country unlike our vindictive, apathetic, incompetent “Presiident.”
Are you implying that two wrongs make a right? The mistake has been made already that Constitutional right was infringed upon by GMA before but why repeat it? So much for the only Christian country in Asia, puno lang ng mga galit at vindictive na tao.
Make another article telling the truth about Pe-Noy’s failures and the hellhole he’s leading this country to then maybe I’ll believe that this isn’t biased.
raissa says
LOL.
Read Associate Justice Sereno’s dissenting opinion.
http://raissarobles.com/2011/11/17/gloria-arroyo-told-supreme-court-we-have-an-extradition-treaty-with-spain/
zaldy says
something good to her pocket!!! ano kaya kung may mangyaring krimen sa iyo o sa pamilya mo…. ok lang ba sayo? sasabihin mo ba sa kriminal “ok lang ha, huwag mo lang uulitin” ganyan talaga, pag may ginawa kang katarantaduhan… dapat harapin mo
anon says
Theres already a immediate executory TRO on the WLO on GMA so lets move on and focus on economics. 2007 is different from 2011. And I believe that President Aquino’s incompetence wont make the Arroyos cases run.
raissa says
Why is your e-mail address – Barack Obama – sa totoo lang.
Feeling heights of grandeur?
zaldy says
ows!
newbeginning says
The President is trying to clean the system and is doing his best to move the country forward. I believe he is succeeding. So, support the President and let us all move together for a better Philippines.
Danika says
Arroyo is a former president. She knows how the WLO works. And she is a public figure. She knows how to play with the media.
What I see is she deliberately tries to travel without clearance from Immigration and lets the media “peek” into the scene of them not being allowed to so on board. And we know how video quality looks whenever we zoom the lens too many times: skin looks too pale, too grainy, too “sick”.
It’s a media circus & the Establishment loves it. It’s a day for 100+-peso banana cues in Congress, a field day for news outfits, and a stage for politicians-cum-actors.
MARIPET VILLANUEVA says
ordinaryong tao lang po ako,pero sa abot ng aking pagiisip…basura po ang tawag jan sa WLO…di po ba ang BASURANG TINAPON MO NGAYON AY BABALIK DIN SA IYO BUKAS…SI GMA PO ANG NAGTAPON NG BASURA NOON KAYA NGAYON AY BUMABALIK SA KANILA…AT SINASABI NILA NA SILA NGAYON ANG”INAAPI”…UMAALINGASAW NA ANG “BAHO” NG MGA PINAG-GAGAWA NILA NUNG SILA ANG NASA PUWESTO,HAYAAN NATIN SAMBAYANANG PILIPINO AMUYIN NILA AT PANDIRIHAN NILA ANG MGA GINAWA NILANG MGA BASURA….PAG ANG MGA ARROYO ANG NANGAAPI NOON AY PWEDE,PERO NGAYON SILA NA ANG ARGABYADO,UNCONSTITUTIONAL PARA SA KANILA AT SILA NA ANG KAWAWA…APING-API NA NGA SILA TSK TSK TSK….
Vic says
TAMA…. Like ako dito.
ParanoidLoid says
Huh. Just when I was about to pity GMA. Good job on this article.
raissa says
Thanks for reading.
twistedchild says
Hmmm, we have removed two presidents from power by popular revolution… wonder if we could do the same to the Supreme Court Justices? lol…
ayayayay says
naku kung pwede nga lang Twistedchild eh –mauuna na ako sa people power march against these appointed SC Justices
twistedchild says
hmmm, people power to remove the Supreme Court Justices… could probably be done
…
ROMAN RAMA GUERRERO says
Yes, a People Power to remove the SC justices can be done by (a) recalling the power of the appointing authority in GMA whose 9 1/2 years presidency was ab initio NULL AND VOID AND (b) recall whatever mandate she now possess as congresswoman. For (a) we need to undertake – pursuant to RA 6735 – the corrective amendment of Sec. 4(3); Art. VII that shall effect of NULLIFYING AND VOIDING her authority
; and (b) by the amending Sec.4(2); Art. VII such that it shall read: ” The President shall not be eligible for any reelection no qualify for any lower elective position retroactive 1987 ratification of this Constitution”. With this amendment, Erap shall also be barred from running for Manila Mayor in 2013.
Pickers in Markham says
You can’t go th the streets each time. The president has to deal with the political reality without sacrificing the rule of law. He is the president of all filipinos including those who did not vote for him.
ronniea34 says
Solicitor General should use this in their oral argument next week. Anyway, the issue of TRO is moot since GMA was arrested already. This is the problem in any institution that composed of appointees. There’ll be no TRO if majority of justices were appointed by PNoy. Same goes with Comelec, it was advantage for PNoy because majority was appointed by him.
In other note, Ombudsman and COA head should be an elective position to maintain its independence.
What do you think Raissa?
raissa says
Puwede rin.
We can make our own rules.
NOthing to prevent us.
Pickers in Markham says
Not sure about electing those on top of the legal foodchain otherwise popularity will trump fairness.
jamesgeorge barcelona says
Even now it’s not fair! Gloria”s medical bills would be paid for by the government. She gets the best doctors and the best technology! The final punishment would be from God the almighty!
To Ms Yogie martirizar, God is with you don’t worry! Some were saying Ms. martirizar’s lawyer was stupid not to file for a TRO but you know, the lady is no ex-President and no plunderer who can afford a topnotch lawyer. And by assumption, the ex- President arroyo should have known that her actions should be thought of carefully and diligently not to harm the ordinary citizen. But you know the ex-President Gloria, she’s what you may call “ruthless”!
newbeginning says
Raissa, I just have one question. I admired Sec. Delima’s action in preventing GMA from leaving the country despite the issuance of a TRO by the Supreme Court against the WLO. However, from the legal community, the same was construed as an act of defiance. Here comes the dissent of Justice Sereno saying that the TRO was not yet effective since one the conditions was not met. I am particularly referring to the condition where the Arroyos must assign a legal representative. Although they did but defective due to some – I don’t know if we can call it clerical error. Since it is erroneous, in effect, the TRO was not operative at the time Sec. Delima barred the Arroyos from living the country. So, therefore, SC cannot cite Sec. Delima for contempt? Am I right? Sorry, I am not a lawyer, I just want your opinion. I love Sec. Delima. I know she is doing her best. The Aquino government is cleaning the system. Way to go, Mr. President!
raissa says
Not everyone in the legal community felt that way.
Ex-Sen. Rene Saguisag did not. And i value his opinion kasi hindi siya nagpakayaman sa puwesto.
eye says
A dilemma by De Lima …
Sen. Rene Saguisag must have been rolling in his seat, San Bedista din kasi siya like De Lima.
Oh my good God … Raissa … the whole world was watching the arrogance and belligerence of a mere DOJ secretary take on the SUPREME COURT of the land … that was not the most infiltrating hours I had to watch with my foreign clients. Dumbfounded was I, when I was asked: “What happens to the Rule of Law?”
nismo says
This incumbent magistrates have no real power because they do not have the moral authority. All these Arroyo appointees should have abstained from deciding on that TRO, moreso, resign fom their current position as justices.
Pickers in Markham says
The pope has moral authority as the Philippines is majority roman catholics but am not sure he has ‘real power’.
jessie cortez says
..until and unless we’ll find a way to improve our justice system especially, the way the supreme court justices are being chosen or appointed…fairness towards a resolution of a case would always be in a balance…most likely, favoring the person which in this case is the president who appointed them…it’s in our culture that we observed “utang na loob”…so obvious that the justices who favors GMA were her appointees…and sad to say, the number is on their favor…!!!
eye says
It’s no longer about CGMA … its about doing the right thing with respect and dignity … regardless … THE RULE OF LAW MUST PREVAIL for without it … we have nothing… anarchy will reign and all hell will break loose.
Obviously, the government does not have the best legal minds in the country, which accounts for their despicable blunders one after the other. The DOJ has stacks of chips enough to charge the CGMA camp with not one but a whole lot of charges.
Just how difficult is it, to take up from where the numerous Senate Blue Ribbon Committee hearings left it. Surely, there was enough there that just needed to be properly consolidated and filed according to the due process.
But given the disposition of our DOJ Sec who would rather spend her time chasing and entertain the press with her repulsive nature, the PNoy government had to resort to these questionable, humiliating, underhanded maneuvers.
Now, our country with this leadership has created a vacuum in the judicial system by taking on the highest court of the land, the Supreme Court.
If businesses pull out, who will they tax … the marching activists on the streets? With that, will they be able to fed us all? PNOY zoom out and see the bigger picture … get smart.
Pickers in Markham says
A dilemma indeed! But action is better than inaction. Perhaps the prez just have to handle not only the reaction but over-reaction which feeds the frenzy.
eye says
We all want the very same thing and that is to put away the plunderers … corrupt government officials. In order to do that, proper procedures MUST be applied according to the RULE OF LAW. Otherwise, there is a very great possibility that none of it with will hold any water and they will all get off. Surely, none of us want that … I don’t.
My issue here is simply that had De Lima done her job diligently, we won’t be in this dilemma. No foreign bad publicity, no bully acts, no question of law/s.
She is not the DOJ but just a term representative of it. The DOJ has and has had it own set of guidelines way before her tenure. She should mind the manner and way she speaks.
Val says
Watch List Order is according to the RULE OF LAW, and De Lima applied it according to the RULE OF LAW. It is clear that De Lima done her job diligently.
eye says
WLO is not an exercise of judicial power! WLO is only a departmental code and not a law! It’s very existence is unconstitutional and is in fact one of the motions up for enbanc ruling this week, just like the DOJ/Comelec body that aspirated out of the despicable blunders of the DOJ.
However, the HDO (Hold Departure Order) is part of our judicial due process … if and only if … a judicial court issues it, not the DOJ. It is a law and so ONLY a Judicial Court can order it.
Department Circular 41 – is what it says, a departmental circular, nothing more nothing less, but not a law.
The deprivation of liberty [deprivation of right to travel] must be by the authority of the courts and not by the DOJ.
When the Supreme Court issues a TRO regardless of whether the DOJ received a copy or not, it is immediately executory and effective immediately and continuing until further orders of the same court (Supreme Court) as so stated.
Anyone presented with a certified true copy it should follow it because it is issued by the high court of the land, otherwise we will have anarchy.
Any lawyer knows this … or rather … should know this!
Pickers in Markham says
Quite close. The cabinet are acting on delegated authority from a co-equal branch of the gov’t – the executive While dep’t orders are not law by itself, they are lawful orders neverthelless unless declared unconstitutional by the SC. By way of analogy, if a policeman asks for your license due to an alleged traffic infraction, his order has a force of law yet not a law by itself.
eye says
Sec. 4. Sec 13 of Republic Act No. 6975
“Sec. 13 Creation and composition – A National Police Commission, hereinafter referred to as the Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the CONSTITUTION and provided in this Act.
The Mission of the PNP is : TO ENFORCE THE LAW, to prevent and control crimes, to maintain peace and order, and to ensure public safety and internal security with the active support of the community.
Pickers in Markham says
This is an “enabling act” where the main purpose was to grant legitimacy to the police UNDER the Interior and Local Govt dept (which is an extension of the executive branch). The same act specifically says that the police is a “collegial” body, which by definition means such does not wield “the”authority for policing to the exclusion of other similarly legitimized and authorized agencies of the govt. It merely shares the authority. Perhaps there may be issues on protocols but that is another story.
eye says
Nonetheless, a law is enacted by the Legislative, executed by the Executive and judged by the Judiciary … according to our Constitution …
Pickers in Markham says
Totally agree. Just cut P-Noy some slack if you will. I think he is good but just have a lot of stuff on his plate, and balancing acts to do. We can’t be purist from a legal stanpoint and judge him on a big picture.
eye says
What a delight … most certainly … P-Noy may have all the slack he needs from me BUT only him and he alone.
This is perhaps my very point exactly and I do thank you for bring it out of me … I don’t have any issues with P-Noy as I do realize his plate is quite full. And, yes he and only he may be forceful, arrogant, belligerent, and spiteful and all those other stuff … but he never is. Oh, but the people around him … begs a lot to be desired for.
My issues are with the people around him … the people that speak for him and act in his stead. Never mind, how they look and dress but they are just so unkempt, unprofessional, antagonistic and uncouth … hostile pa.
So much so, that I find myself threading on that very thin ice of seemingly defending GMA … which is NOT and was NEVER my intention. I want her accountable and persecuted for her every crime but NOT at the expense of our Constitution and in any errant way that could be dismissed on a technicality. RULE of LAW must always prevail.
If only, he had someone like you, who can deal with his critics and the pressing issues of the country graciously, proficiently, courteously and calmly … then, you’d have me silent and still.
Pickers in Markham says
Thanks, but I don’t deserve the credit as I’m out of the kitchen. You guys are. Chill up as Raissa has a good report about a glimmer of hope in the Customs.
eye says
There … is all the slack he will get from me. In one clean swept he manage to wipe out all that I was willing to give him.
Philippines hold on tight … for yesterday marks the sifting of the government from a democracy to an authoritarian rule.
constance says
I agree with you Pickers in Markham Pnoy is a good. Compared to the last Pres.
Johnny Two III says
Final and immediately executory was given a new meaning by the Supreme Court itself in a series of flip-flops. Atty. Marquez made a big ‘clarfication on this when the SC flip-flopped on the FASAP case. It has only itself to blame when such orders are requested by the affected parties for further clarification. In tgis case, Sec.. De Lima, who did not honor it immediately and did not consider it final, much less executory,
constance says
Tumpak ka Val — she did her job diligently and a job well done at that !!! Arroyo has to face the music–ika nga. The sooner she fronts up to all the allegations of corruption and improprieties done by her administration the faster the Nation can move forward. Ang hirap ay kung ano ano ang ini-introduce na mga rason kung bakit hindi siya puwedeng kasuhan. Nakakarindi na kung wala siyang kasalanan eh di wala siyang ikakatakot. The usual response of individuals not guilty of the crime being attributed to them is to welcome the opportunity to have their day in court so as to clear their name; ang nakapagtataka eh she is putting up all the barriers para hindi matuntun ang katotohanan. Ano ba yan? If she doesn’t have a hand on the election fraud in the case of the Ampatuans, then this is her chance to vigorously defend herself in court. I’d say embrace this chance Madam Arroyo, silence your detractors with the TRUTH.
Carlos says
Eto pa isang kawatan Mr. President. Paki imbestigahan lang Pnoy para talagang makulong ang lahat na kawatan…walang favoritism:
The TRUTH about SCTEX (Subic-Clark-Tarlac Expressway, that runs through Hacienda Luisita) is that Hacienda Luisita or the Cojuangco’s was paid by the government P80 million for the right of way for 83 hectares of land that was made part of the expressway. The issue is also one of overpricing, because the P80 million translates to P100 paid by the government to Luisita for every square meter of land ROW, at a time when the selling price of farm land in Tarlac was only from P6 to P8 per square meter. Therefore, the Luisita land paid for by the government was overpriced by at least P92 per sq.m
On top of the P80 million, government also used P170 million of taxpayers’ money to construct a road interchange that connected Luisita’s private road to SCTEX. Other private companies like Mamplasan, Asia Brewery, Greenfields and Southwoods paid the government so their properties would be connected to the South Luzon Expressway. These companies paid the Philippine National Construction Corp. (PNCC) P241 million each for the interchanges that connected their properties to SLEX. So how come it is the opposite with Luisita? Instead of Luisita paying the government for the interchange that connected Luisita’s private road to SCTEX, it was the government that paid Luisita. The overpricing has been confirmed by the Department of Agrarian Reform (DAR) during a congressional hearing.
But it was not the government alone that got a raw deal from the SCTEX project. The poor farmers who had been toiling at Luisita for decades also got a raw deal. As the supposed owners of 32.5 percent of Luisita, the farmers should have gotten at least P25 million of the P80 million ROW payment. Instead, they were only given dividends ranging from 50 centavos to P1.
A House committee investigation established that Noynoy used his influence as a congressman in 2004 to have the original route diverted to Luisita which at that time was largely inaccessible. In fact, Noynoy served as the proponent of the SCTEX project that directly benefited his family.
The congressional hearings elicited the fact that Noynoy used his influence as a legislator not only to push the SCTEX project, but specifically the inter-connection of Hacienda Luisita to it, at a huge cost to the government and the taxpayers. The net effect of Noynoy’s machinations is that from its original estimate of P18.7 billion in 1999, the SCTEX project cost was adjusted to P21 billion in 2004 and, by the time it was finished, the cost had ballooned to a whopping P32.808 billion, or twice its original price.
Noynoy made sure he was present in most meetings related to the construction of SCTEX. To show their disdain for the congressional committee investigating the SCTEX scandal, Noynoy and the Cojuangcos ordered Luisita’s security men to bar congressmen from making an ocular inspection of the Luisita road interchange. The government funded the P170-M interchange, but the representatives of the people were prevented from visiting the site.
While all this was going on at Manila Hotel’s Roma Ristoranti, Noynoy was somewhere else in the hotel with Manila Mayor Alfredo Lim, having just come from the unveiling of his mother’s monument nearby. In fairness to him, Somebody was sent to look for him so he could reply to these accusations, but the messenger was unsuccessful.
raissa says
Carlos, why is your post the same WORD FOR WORD as Windy’s – except for the last paragraph?
Are you and Windy one and the same person?
And Winy is the same as Blanche?
Do you have a multiple personality disorder?
Let’s just assume that PNoy did this. You made no mention here of the principal – GMA – the President who surely knew about all these since we’re talking huge amounts here. Could you complete the story, pls?
Johnny lin says
Rehashed issue!
Try connecting Carlos, et al to the staff of Manny Villar or his campaign manager, Remulla, in which this accusation emanated but contradicted in 2009 by Rep. Danilo Suarez, a staunch GMA ally.
Baltazar says
In a positive point of view regarding SCTEX, the project will in time pay off for itself. I have driven via its stretch to Baguio City with my family last summer and I can’t deny the convenience and the time savings realized. And many motorists are taking this route. Back to the topic, when you are selling a piece of land, the two parties- the seller & the buyer – agree on the price for the sale to proceed. I surely agree with Raissa to put GMA’s role on the land purchase also under scrutiny. But an exhaustive write up from our prolific blogger will blow some dust on the real issue. What about this Ms. Raissa? :-)
eye says
At the high cost of bad publicity and with the hullabaloo at rest … and now, that the Supreme Court has declared the Watch List Order illegal and unconstitutional can someone please make a move and have it completely abolished from the Department of Justice … lest, some of us find ourselves on it … again.
raissa says
The Supreme Court hasn’t. Yet.
eye says
Had the DOJ and this administration done its job well, we would not have these lurking dooms upon us.
In a fastbreak attempt to keep GMA in the country, the DOJ teamed up with the Comelec and formed yet another unconstitutional body to charged GMA in a RTC with a very colorful Judge.
The ever so willing court that is trying CGMA is one with many skeletons in its closet … RTC Pasay Branch 112 sala of Judge Jesus Mupas has some 11 cases of which 4 are of allegations of grave misconduct, GROSS IGNORANCE OF THE LAW, violation of the Code of Judicial Conduct and violation of the Anti-Graft and Corrupt Practices Act. In 2008 Mupas was slapped with a P10,000.00 fine and given a “stern warning that a repetition of the same or similar act in the future shall be dealt with more severely” by the SC.
His wife, also a judge in Dasmarines Cavite [Judge Lorinda B. Toledo-Mupas] was found administratively liable for gross ignorance of the law. Being that it was her fourth offense, she was meted the supreme penalty of dismissal from the service, with all the accessory penalties appurtenant.
Now, the Congress has stepped in. A total of 188 congressmen as of this writing has reached out to save their pork barrels and signed an impeachment complaint against the Chief Justice of our Supreme Court … mind you all these just over the weekend. Isn’t another fastbreak?
Pickers in Markham says
Impeachment is a purely political process but so is the appointment itself. The fact is, the CJSC is a political appointee without even delving into how he was appointed in the first place. Neither side can claim a monopoly of fairness except their own take of the “rule of law”. As spectacular as it may seem from a tabloid readership perspective is, the people should not be enamored and passionate on how events will unfold as there is a snowball chance in hell this whole exercise will affect their lives. Realistically speaking CJ Corona will most likely be removed and he knows that. If he drags his feet until it happens, he deserves it as it only proves one thing – the utter lack of statemanship on his part. If he resigns in humility, he should be given the proper respect and honor because nothing is proven yet such act spared the country from a constitutional crisis.
eye says
We are all in these. To think that we are not is very naïve. If CJ Corona is convicted, our judicial system will be compromised to say the very least. If CJ Corona is acquitted, our executive branch will be humiliated. So, where does that leave us …
Guess, if anything at all … we will know more, much much more about the quality of our elected officials, the CONGRESSMEN, who couldn’t even wait to read and review the complaint and thus attach a ‘verification’ to their signatures to it, as is required by law when anyone files a complaint, our SENATORS, whether they will judge according to the strength of the evidence ALONE or their popularity rating and finally the PRESIDENT, if he can accept an acquittal or will he force the hand of the law and grab it for himself.
The people’s voice is only clearly heard through an election, a plebiscite and a revolution. Not and never in a survey!
I have never been part of any survey, nor do I know of anyone who has partaken of one. Might not know of a whole lot of people but it appears to me that this so called survey is only for that very selected chosen few.
Pickers in Markham says
The entire process they have taken to was clearly an embarassmnt, Regardless,the CJ and his spouse should see the wisdom to step down.
eye says
Right again … unfortunately, this administration doesn’t have any concept of statesmanship, humility, respect or honor … how could they then afford that to any one! It’s for this very lack of it that has brought us here. What could have been so wrong with diplomacy instead of the outright affront attack on the person? Hindi nga kasi maronoog limigaw eh… does know to woe …
If only one, any one of them would back off but then who … the more probable one would be CJ Crorona, given that he is more poised and is on the chopping block BUT he won’t based on these flimsy issues in the complaint … for to do so, would only let loose the fury of hell from the administration … and then NO ONE WILL BE SPARED … absolutely no one … not you nor I, if we should ever cross their path.
Johnny Two III says
This is now a ‘no win’ situation for CJ Corona. If his impeachment is upheld in the Senate, he will be disgraced forever in history. If he is acquitted, he will still be ineffective and the SC will never gain back the confidence of the people with him at the helm. There are more people who believe that he is guilty of at least one or two of the charges leveled against him and therefore, also think he should go. The moral and ethical benchmarks, more than the legal ones, are higher for CJ than ordinary mortals like us. Maybe, even higher than the President of the republic, the CJ and the SC being supposed to be the final arbiter in a democracy.
Pickers in Markham says
I am not sure if an acquittal will clip his wings. If he walks, he will potentially become the most powerfull CJ in the Philippine history worthy of “Teflon Crown” moniker. I say the Senate will bear the brunt and will most likely be voted out in the next election. With a fresh crop of Senators, Pnoy will have ran out of time or options to give it another try. The judiciary is the only branch of the gov’t that is not directly accountable to the people so they can afford to be unpopular, and with the acquital that could act as a shield against “double jeopardy” cases, CJ Corona can “interpret” the law without fear of any consequences and play carrot-and-stick so others can toe the line as he hold the purse of the judiciary. If he was the lone nominee of GMA, there’s not much at stake if he stays. But he is the leader of the pack. In a country where progress is being stymied by the church, it will realy be a long while before the country can get out of the woods,
eye says
o … diba … patay tayo diyan … where will we the people be when it is all said and done … with a authoritarian rule?
The palace would have us, the public believe that this is about Pnoy vs GMA. With that in play, of course by a hands down decision the country will be with Pnoy … BUT in actuality, it is not so. May have started that way but has gone way beyond that with the faulty pleadings of the DOJ, one after another. (Dapat air tight pleadings with no loopholes so that the Justices would have had no recourses but to rule in their favor. Gano lang ka simple yon.)
It is now about the in dependency of the two equal factions of the government [executive and judiciary) … exceeding on to with a very subservient Congress to be finally cupped by the Senate.
This I ask: Can Pnoy accept an acquittal?
Or, will he then impeach the Senate? Talks are already circulating that if Enrile fails to get the conviction, he too will loose the Senate Presidency.
Then, if Corona is convicted, will De Lima then will be allowed to make true on her threats to impeach all of the GMA appointed Justices and replace them with Pnoy’s appointee?
What the heck would the difference be then? Judge Mupas of Pasay RTC will be becomes a Supreme Court Justice …
Pickers in Markham says
Eye, it’s probably a bit of a stretch but the bottomline is the same. Both conviction and acquital portends an ugly scenario. This is why the CJ should resign. If there is one thing good the church can do for the country for once this is their chance. And that is to exert their influence over him to have the courage to step down. The Philippines is probably the only country where the church does more harm than good to the people.
Pickers in Markham says
A good piece written by Raul Pangalangan of the inquirer. Check it out http://opinion.inquirer.net/19229/%e2%80%98save-the-constitution-from-the-court%e2%80%a6%e2%80%99
raissa says
If I recall right, Dean Pangalangan was my dad’s student.
What my dad’s student did not know was that my dad entrusted to me the adding up of all the students’ scores in their test papers :)
So I knew who was flunking and who was doing well.
joselin kobayashi says
I really enjoyed reading your articles. Kindly update me of your new posts.
Sinceerely,
Joselin
raissa says
To get updates by e-mail, you can enter your e-mail address on the left-hand side.
Or just log in to my site.
I try to update almost daily :)
nol banzon says
great to have individuals who’s got guts.
we need all of your kind.
may your tribe increase!!!
nol
Teresita says
Ako rin nabiktima ng isang taong may koneksyon sa gobyerno at ako ay naiplagay sa WLO na walang basehan. Sa records section nila ay walang dokumento na maaring makapagsabi kung bakit ako nas WLO simula noong Sep 2007.
raissa says
Sino kaya ang may pakana sa WLO mo?