De Lima prepared to defend authority to issue watchlist order
August 30, 2011
THE Philippines’ justice secretary is prepared to defend her authority after her office was disallowed by the Supreme Court (SC) from requiring ex-President Arroyo’s husband to seek permission before traveling abroad.
Justice Secretary Leila de Lima said she did not abuse her authority when she placed former First Gentleman Jose Miguel Arroyo on a watchlist after the Senate Blue Ribbon committee made the request. The panel asked the Department of Justice (DOJ) to place the former First Gentleman on a watchlist after he failed to attend hearings on the alleged overpriced sale of helicopters to the Philippine National Police (PNP).
“Can you imagine if we will be denied altogether the power to issue WLO (watchlist order)? What will happen to those respondents in high-profile and sensitive case, especially those who have the propensity to flee and who will be able to do so because we would not have measure and mechanism to prevent them from leaving?” she said.
The DOJ and the Office of the Solicitor General (OSG) will soon hold a meeting regarding the case to discuss their defense of the watchlist order’s validity as well as the secretary’s authority to issue similar orders, including a hold-departure order (HDO).
“They are already making a preliminary study. Next week, on Wednesday, we will conduct a case conference–the Solgen team and our lawyers and prosecutors here–to craft the suitable arguments in defense of the (power of the) Secretary of Justice to issue WLO,” she said.
The justice department has until September 3 to submit its comment on Arroyo’s petition assailing the legality of DOJ Circular No. 41, which empowers the DOJ Secretary to motu propio issue WLOs, HDOs, and allow departure orders.
At the same time, De Lima welcomed the High Court’s temporary restraining order since it would finally settle long-standing questions on the parameters of the DOJ secretary’s powers to hold persons’ rights to freely travel abroad.
“I hope we will know what the exact parameters are of the power of secretary of Justice to issue WLO. Maybe the SC can provide the right and reasonable limitations on that power. But I hope they don’t take it all away from us,” she said.
She said the power to issue WLO can be used “as a weapon, an adjunct to my role as primary implementor of the criminal justice system.”
On August 4, De Lima issued the 60-day watchlist order on Arroyo who was, at that time, in Hong Kong seeking medical treatment for his heart ailment.
His wife, former President now Pampanga Representative Gloria Macapagal-Arroyo, was likewise included in the watch list a few days later in connection with the three plunder charges filed against her.
In his petition, Arroyo claimed his constitutional right to travel was violated when de Lima issued the WLO even though no case has yet been filed in court against him.
Arroyo is alleged to have owned helicopters that have been sold as brand new to the PNP, a transaction which has been subject to a Senate inquiry. (JCV/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/08/29/de-lima-prepared-defend-authority-issue-watchlist-order-176100
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