Read for yourself the Temporary Restraining Order issued by the Supreme Court today allowing former President Gloria Macapagal-Arroyo to travel.
One of my Facebook friends – @Danilo Vallescas Adorador III – noted that the Supreme Court TRO “enjoined the Department of Justice from enforcing DOJ Department Circular No. 41 and” the Watchlist Orders pertaining to the Arroyo couple.
He said –
Interestingly, it says that DOJ is prevented from enforcing the entire portion of the department order on watch lists.
If this is the case, does this mean that the Supreme Court has just stayed the effectivity of the entire circular?
Does this mean that all those now under Watchlist Order, by virtue of DC41, can now travel abroad?
I hope the Supreme Court clarifies this soon.
UPDATE : Read the dissenting opinion of Supreme Court Associate Justice Antonio Carpio
Read below the Temporary Restraining Order issued by the Supreme Court:
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german says
its high time to rethink /reorganize the judiciary…………. i am concern on sen. chiz commentary on do not invent new theory because as we travel in time context and environment changes we must open up for changes that go with modernity because the old laws and jurisprudence maybe useful as reference, it may not be in concurrence with what is happening in our time. and at worst it is is simply used as cover by those who have criminal intent in mind
pepperos says
I’m with you, judiciary must be reorganize, the SC in particular. So I am appealing to our honorable congressmen to draft a bill regarding this matter and ask PINOY to prioritize it.
nona says
run rabbit, run rabbit, run, run, run
ROMAN RAMA GUERRERO says
With the looming constitutional crisis, we the People, as PNoy’s BOSS should move to deliver the “booster shot” into the arm of the PNoy Presidency. We can do this be correcting Par. 5; Sec. 4; Art. VII of the Constitution which shall have the effect of turning PNoy’s mere plurality presidency into a MAJORITY one. Such shall be the consequence of installing RUB OFF ELECTION as the final way of determining who gets elected MAJORITY PRESIDENT in keeping with the basic Principle of the Rule of the Majority in a republican democracy such as ours that practices multi-party electoral system.
From the present:” The person having the highest number of votes shall be proclaimed elected; but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately” INTO “The person having the direct majority vote of the people shall be proclaimed elected , but in case no candidate garners the majority vote, a RUN OFF ELECTION shall be held until the person having the majority vote i.e. 51% of all the registered voters throughout the country shall be elected President”.
loreto ventura jr says
dapat lang na di makaalis
peter sipsiiip says
dapat gumaling c glo para makasagot ng tama sa mga akusasyon sa kanya. kung patay na o disable na c glo at di na makasagot paano pa kaya. baka un ang gusto ng gob natin.
JB says
its funny how put words into your replies… unfo but glo is not sick, FYI.
JB says
CORRECTION, not yet dying… as for her sickness, it can be maintained by certain meds.
peter sipsiiip says
matagal ang magiging kaso na to. baka patay na c glo di parin tapos , lalo na ngaung may sakit sya. sa pagsampa pa lang ng kaso di pa nasisimulan lalo kung kaso na. pasensya na kayo kung ang sa akin ay dapat masunod ang batas natin. di ako maka glo di rin ako maka noy. cool lang tayo para masaya.
Jan says
This is just a TRO and not a decision on the main case. The SC has yet to rule on the constitutionality of the DOJ Department Circular No. 41. The TRO only applies to the applicants in this case.
peter sipsiiip says
noong panahon ni marcos, cory, ramos, erap, glo, nobody is above the law. ngaun kay pangulong noy sec delima is above the law. sarap sarap pakinggan yan ang katotohanan.
raissa says
Ah, a Gloria lover.
peter sipsiiip says
no, a democracy lover, not a martial law lover.
peter sipsiiip says
tama ka walang sakit sya ! malakas pa sya sa kalabaw ha ha ha!
Rochie says
my God, you were really born yesterday. didn’t you hear about the impeachment cases filed against her before which were blocked by her ass lickers in congress. that could have been the perfect venue for her to answer the charges hurled her way then… if the footages of the high drama last night didn’t convince you that she was sick in the mind, i don’t know what could!
John says
I agree with you JB. GMA’s sickness is not life-threatening.
peter sipsiiip says
ang gusto ko magpagamot c glo kc naniniwala ako na delikado sa kanya ang sakit nya! urgent na talaga na makapagamot c glo! at sa pagbalik nya dito sa pinas ay maclear nya pangalan nila. hindi ako makaglo at maka noy! naniniwala ako walang kasalanan c glo!
raissa says
Pero babalik kaya siya?
yob says
TRO nga ata gusto. THE RAMONA OPTION
peter sipsiiip says
absolutely!
mando rugas says
o ano raissa? di ba bumalik agad c gloria!
ashes grant says
Kung mamatay man si gloria may pananagutan ang mga humadlang sa kanya at ligtas na sya sa kaso nya dito sa mundo. Pero sa kabilang dun sya lilitisin at di mo sya maipagtatanggol pa PETER SIPSIIP!!!!!!!!!
peter sipsiiip says
tama ka ashes doon sya lilitisin ng fair, ikaw ay lilitisin din doon ng fair dahil sa mga paratang mo sa kanya na mga hearsay lang!
charlie says
The Arroyo’s mad rush to the airport reveals their mental state of minds…. to escape the ever tightening noose
around their necks (no pun intended for GMA). They knew that the Supreme Court that they front loaded with
their midnight appointments can be counted upon to repay them.;..what a shameless bunch. They have created
an atmosphere of uncertainty on the way the present government can deal with the previous admnistration’s
history of massive corruption. This is a mockery of justice at the highest level..
The Supreme Court must be exposed for what it truly is… another corrupted institution left behind by the
Arroyo’s to cover their tracks and protect them from prosecution. IMPEACH THESE SCOUNDRELS!!!
peter sipsiiip says
lagot kayo tatakas na c glo! abangan nyo agad sa airport!
JV Velarde says
What can we expect from a former spokesperson & presidential chief of staff who owes his chief SC position to the most despised former Philippine president in recent years? Lolo even abruptly left his grand child in the US who underwent surgery, to take care of the bitch in neck brace back home.
John says
the 8 justices are the real culprit, mayroon pang oral arguments sa Nov. 22, 2011 bakit nilabas agad nila ang TRO…it means they are racing against the clock dahil sa malapit na rin isampa ang kaso ng mga arroyo. sinabi na nuon ng palasyo by November baka masampahan na ng kaso ang mga arroyo, kaya nag kukumahog na maka labas ng bansa gamit ang the magnificent “8 Justices ” Corona and the magnificent 7 justices sana lang nakakatulog pa kayo….Go Sec. De Lima we are with you…….
zahraff says
The bond is the most important guarantee, but the amount of 2 million pesos is peanuts for the ARROYOS. For GLORIA MACAPAGAL ARROYO to come back, the bond should be in BILLIONS ( at least 10 billion pesos). With this amount, Gloria will think twice, but if she does not come back, at least there is the 10 billion pesos that the Philippine government can get. Believe me this is all purely show, the Filipino people will never buy any amount of drama that Gloria will do. The bottom line is the Filipino people really does not care whatever happens to GLORIA. That’s what happens when you have committed so much crimes. DOJ Secretary De Lima and President Aquino, don’t be fooled by this actress GMA. stick to your decision of not allowing GLORIA to go overseas for medical reasons. THE FILIPINO PEOPLE ARE BEHIND YOU. BOTH OF YOU ARE JUST DOING YOUR JOB TO PROTECT THE FILIPINO PEOPLE.
ROMAN RAMA GUERRERO says
zaraff: Let take a step further by delivering that “booster shot” into the arm of the PNoy presidency by transforming it into MAJORITY PRESIDENCY instead of mere plurality one that it is now. Please refer to my post.
Rochie says
the bottomline of these recent events is the rule of a decadent, corrupt, dishonorable and defiled leader who now wants to run away from the consequences of her criminal acts. whether one is a plurality president or a majority president is insignificant to the issue at hand.
peter sipsiiip says
kung 10 billion ang hingin mo….. ikaw ay di makatao. isipin mong mabuti!
juvel says
makatao din ba yung ginawa nyang pagnanakaw sa bayan ng higit pa sa 10 bilyon…. magisip ka nga….
Mark Anthony Bolivar Andrade says
eh di mga 50 billion… pwede na ba yun..? ahehehe. . .
peter sipsiiip says
baka ok na ung 50 billion! ang problema walang 10 billion at 50 billion c glo, baka kayo meron?
peter sipsiiip says
kung nagnakaw sampahan na agad ng kaso para maparusahan , hindi ung puro dakdak at paratang. gusto ko maparusahan ang magnanakaw. ikaw kung may ibedensya ka sampahan mo sya kaso hindi ung puro dakdak ka lang at paratang hindi makatao ang ginagawa mo. isipin mo mabuti. mahigit isang taon na ang gov ni noynoy wala pa rin kaso. baka wala o mabina ang ibidensya nila. magisip ka ng mabuti para umasenso bayan natin.
peter sipsiiip says
kung kulang sa yo ung 10 billion,eh di dagdagan mo pa para masaya ka, ha ha ha!
John says
peter, were you born yesterday so as not see clearly the whole picture? or are you the same as the so called magnificent “8 justices”?
peter sipsiiip says
ang criminal ay dumaan lahat sa tamang processo ! lahat !!!! di ba pwede sa inyo na kailangan dumaan lahat sa tamang processo bago maparusahan!
mando rugas says
ikaw juvel ang magnanakaw sa bayan ng higit pa sa 10 billion!
balat sibuyas says
tama magnanakaw c juvel at plano na naman nya na magnakaw ulit!
yob says
10 BILLION DOLLARS dapat.
peter sipsiiip says
desperado na si pangulong noy at delima, kahit lapastanganin ang mga batas natin matupad lang ang gusto nila, ayaw na ayaw kase nila na mawala c glo kasi pag nawala dito c glo e di na sya sikat, sigurado babagsak ang kasikatan nya. mabibisto na sya ng mga tao na wala syang nagagawa para sa bayan. ngaun laganag na ang kahirapan sa ating bansa. isipin at mag observe kayong mabuti sa ating kapaligiran. sakit ay lalong dumarami. dakdak lang ng dakdak. tumaas lahat ng mga presyo sa lahat lahat,.
Mokalid B. Diagao says
We are shouting and urging the government for reform through Matuwid na Daan. However, with the recent development the TRO issued by SC I am convince that it is very deficult to implement the reform we are dreaming because of unjust justices of the Supreme Court. I am calling and urging the upright
Filipino people to be morally guided by their concience. Let us be united to help the government for the removal of those crooked justices who are obstructing the government in prosecuting the corrupt official in the previous administration including the first couple
peter sipsiiip says
wag kang hot! nasa due pracess ang gingawa ng supreme court natin, puro duda kayo! babalik dito c glo dahil yan ang babaeng may bayag! noong people power 3 di umalis c glo, di tumakas! kaya ganyan pa rin ang gagawin nya ngaun!
rey says
napakalaking mong tanga peter.
peter sipsiiip says
tingnan na lang natin kung sino sa atin ang malaking tanga. ha ha ha!
ARMM says
baka kainin mo yang sinabi mo peter.
peter sipsiiip says
lagot ka tatakas na syaaa! pagbalik nya may pasalubong tayo sa kanya promise!
mando rugas says
o, ngaun di ba bumalik sya agad, ang labandera. airport pa lang bumalik na sya. sino ngaun ang tanga? si rey ang napakalaki at sobrang tanga!
Johnny lin says
President Truman said, “the buck stops here”.
Under Philippine Constitution, there are 3 separate branches of government. The Legislative create laws, The Executive signs or vetoes the laws. The Judiciary or Supreme Court give the final Orders but the Executive implements them. the Constitution also guarantees individual freedom or rights including travel.
Unfortunately the case Is against the Executive branch by individual plaintiffs, the Arroyos.
The Supreme Court is wrong two ways under it’s own rule.
1. It has a standing rule of Motion for Reconsideration in all it’s Orders which should not be on TRO.
2. It scheduled an oral argument on Nov 22, then issued a TRO. It should have not done so.
Executive issued WLO and HDO. Since the Executive implements Judiciary Order, it is within it’s right not to follow because of Supreme Court rules above, Executive right to veto. When all Executive legal rights have been exhausted and the Supreme Court ruled in finality without any MR anymore, then the Executive has no recourse except to implement SC order.That’s Constitutional Way! Even Midas Marquez could not contest these facts.
While waiting, the Executive could file plunder and electoral sabotage against Arroyos, then SC TRO become irrelevant. Their strategy is working legally and cinstitutionally.
Pnoy and De Lima are in a win win situation, however we look at it. Mabuhay Tuwid Pilipinas!
JB says
I so liked this…
line of flight says
We can see that the Supreme Court has a long way to go to regaining its credibility and reputation for competence and impartiality.
First, there is no discussion about the standards for which the TRO was issued. What is the imminent irreparable harm? I understand that GMA is saying there is harm, but a TRO is an extraordinary remedy to an extraordinary situation. The imminence and irreparability are further lessened by the government’s commitment to fly medical personnel of GMA’s choosing to the country.
Then, the second aspect of issuance of a TRO is that it must be limited to that imminent irreparable harm. But it looks as though the entire administrative law on the watchlist process has been enjoined. There is nothing proportionate to the imminent irreparable harm. It’s like killing an ant with a nuclear warhead.
This leads us to the consequences of having such a court. Because it lacks credibility and it has obscured its reasoning for its decision, it can more easily be ignored. The DOJ has several choices. It has rightfully ignored the Supreme Court until it has received official copy of the TRO — regardless of Midas Marquez’s armchair opinion of things. The DOJ could then simply enact a new circular and new watchlists since those would not be covered by this TRO if it felt the need. Or alternatively, it could just ignore the order.
This would be a good time to reorganize the judiciary. The Supreme Court should NEVER be the court of first instance in these cases (and to the extent the constitution requires it, it should be changed). What is the point of having trial courts and courts of appeal if famous people can always just by-pass them for the Supreme Court? This unnecessarily politicizes the Supreme Court since it is least capable of developing a full and meaningful record upon which to decide the law. The writs that are given original jurisdiction to the Supreme Court should be highly limited in scope and used for extraordinary purposes when the normal legal process is insufficient.
Courts spokepersons should be fully restrained in talking to the media. Their only talks with the media should be procedural: courts will open 15 minutes later now, the court has started an electronic filling system, courts will begin accepting credit and ATM card payments for a fee, etc., Not their own personal assessment of Supreme Court decisions. If the media wants a legal opinion of the meaning of the Supreme Court’s actions, they can pay for their own legal experts to give opinions. That is the whole point of having a multimember court, that the opinions and rulings of the court speak for the Court.
Win says
First, not the entire DC 41 was enjoined but only those orders dated August 9, 2011, Sept. 6, 2011 and October 27,2011.. second, the oral arguments are for the merits of the case.. TRO are issued to reiterate the constitutional presumption of innocence until proven guilty.. the law may be harsh but still, it is the law
raissa says
Are you sure? Pls. read TRO again.
It says DC 41 AND…
In plain English, this would mena – DC 41 PLUS Watchlist orders
It did not say –
DC 41, ONLY INSOFAR AS THE FOLLOWING Watchlist Orders are concerned.
saxnviolins says
Raissa, the TRO has conditions, which is, the Petitioners’ posting of the bond. So the prohibition on implementation of the circular refers only to its implementation insofar as petitioners are concerned.
The order must be read in its entirety. True, it could stand some editing.
raissa says
Is that how a TRO is supposed to be interpreted?
That the generalization at the bottom is effectively narrowed by the particulars cited? Is that part of statutory construction?
Pinoyster says
Wiki Law Project PH on Statutory construction
Construction “is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the law.”
Courts may not, in the guise of interpretation, enlarge the scope of a statute and include therein situations not provided nor intended by the lawmakers. An omission at the time of the enactment, whether careless or calculated, cannot be judicially supplied however after later wisdom may recommend the inclusion. Courts are not authorized to insert into the law what they think should be in it or to supply what they think the legislature would have supplied if its attention has been called to the omission.
Courts should not, by construction, revise even the most arbitrary and unfair action of the legislature, nor rewrite the law to conform with what they think should be the law. Nor may they interpret into the law a requirement which the law does not prescribe. Where a statute contains no limitations in its operation or scope, courts should not engraft any. And where a provision of law expressly limits its application to certain transactions, it cannot be extended to other transactions by interpretation. To do any of such things would be to do violence to the language of the law and to invade the legislative sphere.
Wikipedia on Judicial Interpretation aka choose your poison
“The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute, unless a statute explicitly defines some of its terms otherwise. In other words, the law is to be read word for word and should not divert from its ordinary meaning.
The main aim of the “mischief rule” is to determine the “mischief and defect” that the statute in question has set out to remedy, and what ruling would effectively implement this remedy.
The golden rule allows a judge to depart from a word’s normal meaning in order to avoid an absurd result.”
raissa says
Thanks.
Pinoyster says
The TRO has to be specific and narrow otherwise the TRO would effectively strike down DC41 by default which is a judicial decision on its own.
rexcris says
hayaan na nating mga abogado ang mag-interpret nitong TRO na inissue ng SC o sumagot sa mga katanungan mo, Raissa. unless otherwise gusto lang nating pahabain ang discussion ng walang katuturan, i.e., discussing for discussion’s sake?
hay buhay pinoy!
raissa says
Walang katuturan?
Bakit?
rose says
raissa, a law is a law.. we should respect it! The reason why SC granted the TRO is due to the failure of the administration to file charges against GMA, all of the alleged wrongdoings, scams and fraud of GMA shall remain hearsays until the DOJ file charges against her, I mean in the court.
I’m sure, you’re supporting de lima, can you also tell her to follow the due process? I believe, if she will continue to do such things, all of the cases to be filed against GMA will be eventually dismissed due to technicalities.
I am wondering, does the DOJ secretary know this? Or she’s just playing ignorant. I am not pro Arroyo, but it’s my opinion as a tax payer and a voter of Pnoy.
raissa says
I’ll answer you in a piece.
Promise.
frian says
Hay buhay pinoy, NOOOOO we must be a true pinoy, if we are going to based on Arroyo lawyers walang mangyayari, unless na umalis o mag resign ang mga appointed ni Gloria Lavanderia, walang mangyayari sa supreme Court.
balat sibuyas says
binay should replace aquino! he is just and can be trusted by all filipino!
raissa says
How?
Pinoyster says
In answer to your question … Does this mean that all those now under Watchlist Order, by virtue of DC41, can now travel abroad?
Not all, please refer to 2nd to the last paragraph of the Order, “… DOJ Department Circular No. 41 AND Watchlist Order Nos. ASM 11-237 dated …, etc. etc.
So, only those covered by the DC41 and the specific ASMs mentioned are actually covered by the TRO.
Celine says
RE: so only those covered by the DC41 – ibig sabihin niyan, lahat sila na nasa DOJ watchlist pwede na umalis. Basahin mo ang conclusion
Pinoyster says
what conclusion are you talking about Celine ?
There is no conclusion in the TRO of the SC. It is an order.
Sa uulitin please comment intelligently.
Comment ng comment para lang malagay ang pangalan … hay buhay.
Johnny lin says
PEOPLE POWER AGAINST SUPREME COURT JUSTICES!
LET US GATHER AND PROTEST STARTING TODAY, OUR CONSTITUTIONAL RIGHT!
PASS THE WORD AROUND!
Abnoy Ako says
Ulol..mag people power ka mag isa mo!
Johnny lin says
He he he he, abnor nga
peter sipsiiip says
tama!
peter sipsiiip says
tama c abnoy!
zahraff says
For those justices who sided with Gloria Macapagal Arroyo, they should be removed. Otherwise, the supreme court might be viewed as a KANGAROO COURT, who does not follow the rules and procedures how to issue a TRO. Just to remind everybody, that the appointment of Renato Corona by GMA was against the law, and in conclusion such appointment was illegal. The real person to be the chief justice is Antonio Carpio, but was bypassed by GMA . It was a good decision on the part of President Aquino not to be sworn in as president by an illegal chief justice, otherwise President Aquino would be considered an illegal president too.
mando rugas says
magaling na bobooo!
raissa says
Hello,
I think you’re being very abusive in your comments. I think you should respect the other commenters.
One more and you’re out.
mando rugas says
mas abusive ang mga comments nyu, binabalik ko lang sa inyo. kung masama sa inyo wag nyong gawin sa kapwa nyo. ang tagal mong makagets!
occupy oakland says
Occupy Supreme Court
mando rugas says
tarantadoong tutaaaa!
Johnny lin says
Oral arguments scheduled by SC on Nov 21. What is it’s relevance since TRO was issued?
Something is definitely wrong with politically aligned SC, how the justices voted is the proof.
Time for the people to vacate all the justices.
Let us go in front of SC starting this morning.
albert says
OCCUPY ST. LUKE’S. Let Justice roll through the heavens fall. Calling all Filipinos who want to catch and punish the big fish to go to St Luke’s and ensure that the targets do not escape to the airport to escape Justice. Some laws might be legal but if they are not moral, people have the right not to follow the rules.
rose says
albert, where did you get that idea? Some laws might be legal but if they are not moral, people have the right not to follow the rules. I wanna remind you, the Court will always base all of their decisions in legalities. Morality on the other hand could be viewed differently by people, when Muslim people think that bombing is moral for them when Christians said it’s not, which will prevail? Before you comment, please read our constitution first. You are just making yourself ignorant! If we want GMA to be jailed we should rally on de lima to file formal complaints against her in the court! As simple as that, yet many of you here cannot just get it.. We all want GMA to face all the charges against her, but where are the charges?
raissa says
That charges are coming.
Patience.
keanleogo says
Raissa,
Are there good news you know that we do not know ?
Please share with us.
How soon are the charges coming ?
Hopefully before GMA’s great escape.
mando rugas says
hindi na aalis c gloria dahil may kaso na, haharapin hya lahat ng ikkaso nyo sa kanya. yan kasi ang babaeng may bayag di tumatakas! di kagaya ni lacson wlang bayag, tumakas bumalik lang ng umupo ang kaalyado nya!
tecporum says
bakit andami mong alam?
PML88 says
If an ordinary Juan dela Cruz asks for a TRO, will the SC be swift in acting on it?
I don’t think so.
xXx says
I would say yes. Majority of the justices of SC may be appointed by gloria but our constitution is crystal clear on the matter and theyre only interpreting its words. Eh kung di naman ganun ka bobo sa consti at remedial law si de lima at ang legal team ni pnoy and daming paraan naman para mapigilan! they could have filed charges in court already…sobrang tagal na nang mga yan…puro grandstanding kasi sa media!tsk… tsk….
rose says
you got it xXx.. as what Mirriam Santiago had said, read the grounds of HDO word by word and you will know that SC decision is correct. It seems that, others are not reading our constitution.
Rochie says
No, we filed for a TRO (at the CA not SC, but there’s not much difference, i think) on a case our office handled sometime in 2006. Until now, we haven’y received anything on the case yet. good the client has lost all interest on pursuing the case. he just settled with his adversary last year.
peter sipsiiip says
hindi oto-oto ang supreme court!
pacman says
looks like kay gma lang sila na-oto.