November 2011 Comments and Postings on Facebook Part 9

George Palaganas

On 14-Nov-2011, George Palaganas posted the following comments on shared links;
From George Palaganas:
The dangers and threats on the "Bill of Rights under the 1987 Constitution" is once again lurking on our midst. Instead of imposing "selective" travel ban, they should consult with the Supreme Court for prescribed bails equivalent to, "say the amount of GMA's plunder case"(being "the ruler" the length of time of which was half of the Marcos era, we can safely assume "it's half of the Marcos loot"). And one thing more, it's not because they can file with the Ombudsman, they can already get into trial during this period since as a Congresswoman, she has immunity to that! It's good Senator Chiz was quick in defending the highest law of the land!
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Aquino upholds GMA travel ban
www.manilatimes.net
Ex-leader’s presence needed in arraignmentPresident Benigno Aquino 3rd on Wednesday defended the government’s decision to stop former President Gloria Arroyo from traveling abroad, saying that she
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Escudero opposes travel ban on Arroyo before she is charged in court | Inquirer News
newsinfo.inquirer.net
Just because the subject is former President Gloria Macapagal-Arroyo doesn’t make a travel ban right.
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Complete write-ups about the stories

Escudero opposes travel ban on Arroyo before she is charged in court
By Christian V. Esguerra
Philippine Daily Inquirer
11:03 pm | Wednesday, November 9th, 2011

MANILA, Philippines—Just because the subject is former President Gloria Macapagal-Arroyo doesn’t make a travel ban right.

A close ally of President Aquino assailed Justice Secretary Leila De Lima, on Wednesday, for preventing Arroyo, now a Pampanga congresswoman, from seeking medical treatment abroad despite the absence of a court case against her.

Sen. Francis Escudero said De Lima had no business issuing her own version of a hold-departure order (HDO)—in the form of a watch-list order — because only the courts could prevent someone from going anywhere.

“The HDO just seems right because the subject is GMA. But what if they do it to you or me?” he said in Filipino in a phone interview with the Philippine Daily Inquirer.

“Although I also don’t want her to escape, the process has to be right. The end doesn’t justify the means,” Escudero said.

Escudero welcomed the Arroyo camp’s decision to question the Department of Justice’s power to put people on the watchlist order and also to issue the “allow-departure” order or ADO. He said he was confident that the Supreme Court would rule against the DOJ circular, which covered the issuance of an ADO.

The senator said the proper recourse should have been for De Lima to file a case against Arroyo in court then ask it to issue an HDO against the former president, depending on the gravity of the case.

“Instead of trying to play issue by issuing an ADO herself, she should have just asked the court to make the issuance,” he said.

Sen. Franklin Drilon, another Aquino ally, earlier shared Escudero’s position that the DOJ had no power to bar Arroyo from leaving the country.

“The watch list (order), which has the effect of a hold-departure order, is illegal,” he had said. “The right to travel is a constitutional right, and a restriction on the right to travel in the guise of a watch list order, to me, is also illegal.”

Escudero said a bill now pending in the Senate would empower the chief of the Bureau of Immigration to issue an HDO. But the order will be effective only for a maximum of 10 days.

“The time frame would be just enough for the prosecution to seek a hold-departure order from the courts,” the senator said.

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Aquino upholds GMA travel ban

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Published : Thursday, November 10, 2011 00:00
Article Views : 619
Written by : By Jaime Pilapil, Reporter

Ex-leader’s presence needed in arraignment

President Benigno Aquino 3rd on Wednesday defended the government’s decision to stop former President Gloria Arroyo from traveling abroad, saying that she has to be here for her arraignment.
He said that the interest of the many takes precedence over the interest of Mrs. Arroyo, who is facing charges of plunder and electoral sabotage.

During a surprise press briefing, President Aquino said that he was backing Justice Secretary Leila de Lima’s decision to deny a request of Mrs. Arroyo for an Allow Departure Order [ADO] “to ensure that the wheels of justice will grind.”

“I agree [with] the decision of [de Lima] not to allow for the meantime Mrs. Arroyo to go abroad. This is reasonable since she [former president] has to be present during arraignment, if we reach that point,” the President added.

Mrs. Arroyo earlier filed before the Department of Justice a request to remove her from a watch list and issue an ADO certification.

De Lima denied the request on Tuesday.

Mr. Aquino said that he was wishing for immediate recuperation of his predecessor from her illness.
But, he added, his administration does not want the case to get stuck since it has big impact on the country’s democracy.

“We are now in the preliminary investigation [of] Mrs. Arroyo’s case. If she chose not to return, how [would] we give her the chance to answer the charges lodged against her? Who will be answerable to all the cases? We all want justice,” Mr. Aquino said.

According to the President, he was giving preference to the interest of the many, instead of the interest of one person, adding that the electoral-sabotage and plunder cases that Mrs. Arroyo was facing are non-bailable.

Mr. Aquino, however, offered a formula on getting foreign doctors who specialize in the illness that has been bothering the former president.

“In recognition of her right to personally choose her doctor, we could bring in the doctor of her choice [here in the Philippines from] anywhere in the world so that [that] specialist physician can examine her,” the President said, reading from a prepared speech.

Mr. Aquino added that the government was willing to foot the bill in bringing foreign doctors who will attend to the medical needs of the ex-leader.

This move, he said, was meant “to make sure that the accused will have her day in court and justice will prevail in this country.”

The President was asked if he was ready to meet Mrs. Arroyo face-to-face.
“Yes, why not, I can meet her just like before,” he said.

Mr. Aquino added that the former president could not be tried in absentia unless she had been arraigned.

The President doubted the sincerity of Mrs. Arroyo, citing inconsistent declarations in her request for foreign travel before the House of Representatives and the Department of Justice.

“She told Congress that she was going to six countries. But she only listed three countries in her ADO application [with] the DOJ. She also did not enumerate the hospitals and the doctors she wanted to consult. Just last week, she changed one of the countries she wanted to visit,” Mr. Aquino said.

“Is it not right to cast doubt on her intention if she keeps on changing her mind?” he asked.

The President said that it was only on November 2 that Mrs. Arroyo named the specialist who will be looking after her.

Mr. Aquino added that he was also wondering why Mrs. Arroyo was questioning before the court a circular issued under her term.

He was referring to Department Circular 41, which restrains the travel of those with court cases.
When also asked if the government was just passing the burden to the Supreme Court, which is known for unpopular decisions vis-à-vis the current administration, the President said, “We have already made a decision on the matter.”

Mr. Aquino started the press briefing by saying that Mrs. Arroyo was clear on several facts, like she had undergone three operations, that her condition was improving and that she does not need to be treated abroad.

He also cited pronouncements of the Philippine Medical Association that said that hospitals in the country could perform bone biopsy treatment.

The President said that one-and-a-half years more and there would be elections again and that his administration was determined to put an end to irregular polls.

“If we will not correct the mistakes of the past, it’s as if we are allowing the crooks to continue [abusing] the system.”

Mr. Aquino said it was about time to bring back credible elections so that justice would reign for the welfare of the people.

He added that the government was confident that the case against Mrs. Arroyo would prosper despite pending petitions before the Supreme Court.

“I think we have confidence in one of these cases but also and that’s why we are painstakingly going through the process to ensure that there is an airtight case that eventually will wind up in our courts,” the President said.

Mrs. Arroyo has until November 13 to file her counter-affidavit before the Justice department on the electoral-sabotage case filed against her.

The Manila Times | Trusted since 1898

www.manilatimes.net

President Benigno Aquino III is greeted upon arrival in Honolulu, Hawaii, on November 11, 2011 ahead of the Asia-Pacific Economic Cooperation (APEC) Summit. HONOLULU, Hawaii: China is a “work in progress” whose government model and attitude overseas are evolving, Philippine President Benigno ...

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    George Palaganas I had appended the following comment on facebook, same day. "Because in case Arroyo will flee to another country(a new Hawaii), all her bail will be cancelled. That means all her assets will be frozen and it will be an ALL NEW PCGG(Presidential Commission on Good Government) to handle it! :-)"

    November 14 at 6:36am ·
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    George Palaganas

    News has it that the Arroyo couple were allowed to travel today via Singapore and if on what country they are heading afterwards, only the VISA section where they had applied their travel papers knows it. The Supreme Court allowed them to travel(court order against DOJ's hold departure order)after they had posted cash bail bond of two million pesos! See related news... Senators support SC decision on Arroyos
    Yahoo! Southeast Asia NewsroomBy Shielo Mendoza | Yahoo! Southeast Asia Newsroom – 2 hours 47 minutes ago
    
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    Chiz Escudero
    
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    Senators said they supported the Supreme Court decision that would allow former president now Pampanga representative Gloria Macapagal Arroyo and husband Juan Miguel “Mike” Arroyo to travel abroad for medical treatment.
    
    The Supreme Court, in an 8-5 decision, voted in favor of issuing a temporary restraining order against the watchlist order of the Department of Justice against the Arroyo couple.
    
    “The decision of the Supreme Court is fair and reasonable. While I believe that PGMA has to answer for a lot of things, she should be made to do so under the proper constitutional processes,” Senator Francis Escudero said.
    
    Senator Miriam Defensor Santiago also commended the decision.
    
    Earlier, the DOJ, through a watchlist order, banned the Arroyos from leaving the country to protect the national interest.
    
    Santiago, however, pointed out that the justice department has no legal basis to issue a hold departure on its own and that national interest is not an exception to rule out an individual’s fundamental right to travel.
    
    Senator Panfilo Lacson also concurred that the justice department mishandled the issuance of the watchlist order which was wrongly implemented as a hold departure order.
    
    He added that the DOJ was testing its powers and failed to conduct a preliminary investigation, file the information in court and wait for the warrant of arrest to be issued.
    
    To prevent the Arroyos from leaving and from facing the accusations against them, Escudero said that appropriate charges must be filed in court.
    
    “This is the proper legal action which does not circumvent constitutional and basic rights,” he said.

    November 15 at 4:18am ·
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