Genuino fails to get TRO vs hold departure order

MANILA, Philippines - Former Philippine Amusement and Gaming Corp. (Pagcor) chairman Efraim Genuino has failed to get immediate relief from the Supreme Court (SC) against an order of the Department of Justice (DOJ) preventing him and his children from leaving the country in connection with a string of graft and corruption charges they are facing.

The high court, in a resolution promulgated last Aug. 23 but released only yesterday, Instead ordered the DOJ, Bureau of Immigration and the current administration of Pagcor to explain the issuance of the hold departure order (HDO) within 10 days from receipt of notice.

In a 27-page petition filed last week, Genuino asked the SC to stop the implementation of HDO against him and son Erwin and daughter Sheryl.

Like former first gentleman Jose Miguel Arroyo, Genuino argued that the HDO, which was based on DOJ Circular No. 041-10, was unconstitutional since it violated their right to due process.

He said they were neither informed that an application for an HDO was filed against them nor were they given an opportunity to be heard.

He also alleged that Justice Secretary Leila de Lima’s application of the circular in issuing the HDO was “an exercise of arbitrary power, enforcing its edicts to the injury of the persons and property of the citizens.”

“It is respectfully submitted that Circular No. 041-10 is a tool for abuse as an HDO can be issued by the mere filing of a criminal complaint even in the absence of a finding of probable cause or a showing that there exists a threat to national security, public health or public safety,” she said.

Included in the HDO list apart from Genuino and his children, are Emilio Marcelo, treasurer of Batang Iwas Droga (BIDA) Foundation, former Pagcor chief operating officer and president Raphael Francisco, former Pagcor vice president for corporate communications and services department Edward King, former Pagcor executive vice president Rene Figueroa, former Pagcor vice president for legal department Carlos Bautista Jr., former Pagcor consultant Rodolfo Soriano Jr., and Johnny Tan of BIDA.

The HDO would be valid for five years, and the respondents would not be allowed to leave the country unless they would be able to secure an allow departure order (ADO) from DOJ.

Genuino was accused of unauthorized release of funds to co-produce the movie “Baler” of BIDA Productions and VIVA Communications Inc.

There were also allegations that Erwin, who lost in the Makati City mayoralty race, benefited from a 300-metric ton rice donation by a Japanese firm to the Philippine government during the election campaign in 2010.

The rice donation was supposedly intended for the victims of typhoon “Frank” in 2008 but parts of it were allegedly used to boost Erwin’s political campaign.

Sheryl, on the other hand, was the first nominee of the party-list BIDA Foundation in which funds from Pagcor were allegedly used to finance its campaign.