SC junks Mike Arroyo petition on watchlist order

MANILA, Philippines - The Supreme Court (SC) has junked the petition of former first gentleman Jose Miguel Arroyo questioning an order by the Department of Justice (DOJ) last month placing him in the Bureau of Immigration (BI) watchlist in connection to his alleged involvement in the anomalous purchase of Philippine National Police (PNP) helicopters in 2009.

In a four-page resolution issued yesterday, the high court ruled that the petition has become moot and academic since the DOJ already lifted the watchlist order against Arroyo last Sept. 1.

The court also lifted the temporary restraining order (TRO) it earlier issued enjoining the DOJ from implementing the order against him.

It held that there is no more legal issue to settle, precisely because the supposed violation of Arroyo’s right to travel no longer exists.

The SC opted not to resolve the merits of the case anymore despite calls from several sectors for it to rule on whether or not DOJ Circular No. 41, which provides for motu propio issuance of watchlist order by the DOJ chief, violates the constitutional right to travel, to due process, and to equal protection of the subjects of the order.

“The rule is settled that no question involving the constitutionality or validity of a law or governmental act may be heard and decided unless there is compliance with the legal requisites for judicial inquiry, foremost of which is that there must be an actual case or controversy,” the SC explained.

It also cited that similar petitions involving the same legal questions are pending before the court, including the one filed by former Philippine Amusement and Gaming Corp. (Pagcor) chair Efraim Genuino, who is subject of a hold departure order issued by the DOJ.

“Other cases —brought by other parties, on the same legal issues, and on the basis of concrete and existing facts —are now before the court. These cases are the more appropriate forum for these issues,” the court pointed out.

In this ruling, the SC sided with the position submitted by the DOJ in its manifestation filed last week.

The DOJ had submitted a copy of Secretary Leila de Lima’s order last Sept. 1 lifting the watchlist order against Arroyo based on a letter from Sen. Teofisto Guingona III, chair of the Blue Ribbon committee, informing her that Mr. Arroyo’s presence is no longer needed in their investigation on the PNP chopper controversy.

In his petition filed last Aug. 12, Mr. Arroyo had asked the SC to void the watchlist order and DOJ Circular No. 41 because these supposedly violated his constitutional right to travel, to due process, and to equal protection.

Initially granting the petition, the SC issued last Aug. 23 the TRO – a provisional remedy that could still be lifted – through a unanimous vote of 13 justices due to “probable violation” of petitioner’s constitutional right to travel.

The high tribunal likewise considered the “irreparable harm” that the watchlist order could cause Mr. Arroyo should the high court allow its implementation and later rule against it.

This means that should the court resolve the case in favor of Arroyo and nullify the order without stopping it, the petitioner would be deprived of his right to travel.

With the watchlist order lifted, Arroyo now no longer needs to secure clearance from the DOJ or Senate should he leave the country.

But De Lima hinted that the former first gentleman could possibly be back in the BI watchlist after plunder charges were filed against him by the PNP before the Office of the Ombudsman over the chopper controversy.

She said she has met with her legal team led by Chief State Counsel Ricardo Paras III and is studying the application of her motu propio power to issue watchlist order under DOJ Circular No. 41, which is the very subject of Arroyo’s petition in the SC.