Government denies Arroyo request for treatment abroad

Tuesday, November 8, 2011

MANILA (6th update 8:21 p.m.) -- Former President Gloria Macapagal-Arroyo has been disallowed from leaving the Philippines for medical treatment, Justice Secretary Leila de Lima said on Tuesday afternoon.

The decision was issued after Arroyo and her husband, Jose Miguel, both accused of committing electoral sabotage during the 2007 polls, asked the Supreme Court to nullify watchlist orders that barred them from leaving the country without informing the government.

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The Department of Justice (DOJ) "denied the former President's request since they [Arroyo camp] haven't presented any exceptional arguments to negate the issuance of a watchlist order," said De Lima, who relayed the decision to President Benigno Aquino III in a meeting in Malacanang earlier Tuesday.

De Lima was supposed to issue a decision on the matter last November 3 but failed to do so after Health Secretary Enrique Ona, who personally checked on Arroyo’s condition, said that her disease was not life-threatening.

The former President, who is suffering from hypoparathyroidism and bone mineral disorder, is seeking permission to travel abroad to get a bone biopsy, a procedure not available in the country, according to her spokespersons.

"Allowing her to leave will only affect the preliminary investigation process," De Lima told reporters, adding that the President was "supportive" of her decision.

"What is clear in the report of (Health Secretary Enrique) Ona is that what was life threatening was operations conducted on her but since then, she is recuperating fairly well because of treatment from local doctors and using local facilities," De Lima said.

It was "unacceptable" for Arroyo to visit several countries for attending conferences, and not for purposes of medical consultation, the justice chief said.

"Applicant’s (Arroyo) ambivalence in her country of choice for medical consultation and treatment puts under suspicion her candidness in a matter that purportedly involves a ‘life and death’ decision," De Lima said in her 11-page order.

The House of Representatives has allowed Arroyo to skip work and travel to Germany, Singapore, Spain, and Italy but De Lima said that it would be the "height of negligence" for any government official to allow Arroyo to travel to these countries where extradition cannot be effected.

"This Office (DOJ) is duty bound to see to it that the Applicant faces justice in the Philippines in the most speedy manner, in the same way that Applicant is duty bound to answer the charges against her in accordance with our legal processes," she said.

Arroyo was placed on a watchlist after electoral sabotage and plunder cases were filed against her. As a result, she is required to seek government permission before leaving the country. A hold departure order automatically bars anyone from leaving the Philippines.

Meanwhile, in a 41-page petition, Arroyo and her husband Jose Miguel asked the High Court to issue a temporary restraining order and/or writ of preliminary injunction against the order issued by De Lima.

“Left without recourse to redress the arbitrariness and callousness of the conduct displayed by the respondent DOJ Secretary, and there being no other plain, speedy and adequate remedy available to petitioner GMA in the ordinary course of law, petitioner GMA is constrained to file the instant Petition before this Honorable Court,” the petition read.

The Pampanga lawmaker, through her counsel Estelito Mendoza, also said that "the right to travel of the accused may be impaired or limited only by the court having jurisdiction over the person of the accused."

For his part, the former First Gentleman also questioned the constitutionality of DOJ Circular 41, which gave De Lima the power to issue watchlist orders even if the case has not yet reached trial.

The circular was issued during the term of President Arroyo.

"This is executive power running amuck," the petition read.

No need for Arroyo's treatment abroad, doctor says

Earlier on Tuesday, an official of the Philippine Medical Association (PMA) said he was prepared to face the Justice department and/or the camp of Arroyo if asked to show proof that the former President has no need to go abroad for medical treatment.

"I am ready to face them," PMA Governor Dr. Leo Olarte said in an interview.

He also said he is willing to assist Arroyo's doctors but only upon the request of the former President's camp.

"I think it would be better if we are asked instead of us volunteering our help… We are ready to help them," Olarte said.

On Monday, Olarte related that a non-invasive medical diagnostic procedure called radio-isotope scan may also be availed by Arroyo as an alternative.

Arroyo petition premature, lawmaker says

Meanwhile, a lawmaker on Tuesday said that Arroyos' petition before the Supreme Court (SC) is premature since the Justice secretary has yet to make a decision on the former President's travel request.

"I think the filing of the case is premature at this point. There should be a specific controversy before the case is filed," House Deputy Majority Leader Romero Frederico Quimbo said in a press conference.

Quimbo, who served as president of the Home Development Mutual Fund (Pag-IBIG Fund) during the Arroyo administration, said de Lima should not let Aquino decide on the matter because “it would seem that the DOJ did not do its job”.

"The DOJ should decide. It should not let Malacanang make its own decision because it is ultimately the DOJ that is given by the law the sole power to issue (a decision) with finality," Quimbo said.

“The legality of the circular will ultimately be decided upon by the SC,” he added, referring to DOJ circular 41, which authorizes the Justice Secretary to place a person on the watchlist and/or disallow him/her from leaving the country.

For his part, Deputy Speaker Lorenzo “Erin” Tanada III added that it was a good move for the Arroyos' lawyers to question the watchlist order before the SC so that “once and for all, the issue can be settled.”

Circular is unconstitutional, senator says

Several members of Congress such as Senator Francis Escudero had said that the department circular is illegal and unconstitutional.

He said in a recent press forum that citing it will make the Aquino administration no different from the previous government.

On Sunday, the senator urged the Justice department to file formal court charges against Arroyo to end the debate on the legality of watch lists.

His committee is also deliberating on legislation that will impose guidelines on watch lists and hold-departure orders.

When Sun.Star asked him how the government can ensure Arroyo will not evade cases filed against her by going abroad, Escudero suggested that she could specify the countries she can travel to.

He said one remedy "may be for the DFA (Department of Foreign Affairs) to limit her travel to certain countries only by so stamping it on her passport."

Tanada also said that apprehensions regarding Arroyo’s travel stems from the fact that the DOJ-Commission on Elections fact-finding panel is already conducting a preliminary investigation on the election-related charges thrown against the Arroyos.

"The problem is she also has to face the charges against her where public interest also lies because there is talk of the possibility that she might not return to the country," Tanada said.

The Arroyo couple has already been summoned by the DOJ to attend the preliminary investigation last November 3 but they failed to attend.

Tañada said the charges filed against Arroyo – whether plunder or election-related – can give the former President a chance to clear herself in court.

“If the evidence is weak, then she’ll be acquitted. If it could prove her guilt, then the people would be the winners in the quest for justice,” he said. (Kathrina Alvarez/Jonathan de Santos/Jill Beltran/AMN/Sunnex)