The Supreme Court on Friday junked the government’s appeal to withdraw the temporary restraining order (TRO) on the watch list order against former president and current Pampanga representative Gloria Macapagal-Arroyo.
"The motion for reconsideration filed by the Solicitor General is denied by a vote of 8-5," court administrator and spokesman Midas Marquez told reporters Friday afternoon.
Marquez said that by denying the appeal on the TRO, the SC is reiterating that Arroyo and her husband, Jose Miguel Arroyo, can leave the country.
He said the TRO should no longer be questioned, adding that the SC has already ruled twice after “very thorough” deliberations.
According to a report, the same eight Justices who granted the TRO also voted to deny the Solicitor General's motion for reconsideration: Chief Justice Renato C. Corona and Justices Presbitero J. Velasco Jr., Arturo D. Brion, Diosdado M. Peralta, Lucas P. Bersamin, Roberto A. Abad, Martin S. Villarama Jr., and Jose P. Perez.
Meanwhile, the five who voted in favor of the DOJ's appeal were: Justices Antonio T. Carpio, Jose C. Mendoza, Maria Lourdes P.A. Sereno, Bienvenido L. Reyes, Jr., and Estela M. Perlas-Bernabe. Two justices who are on leave and on official business did not take part in the voting.
Following the SC decision, security has been tightened at the Ninoy Aquino International Airport (NAIA) to prevent Arroyo’s possible departure for Singapore on Friday.
The high court’s spokesman also said that the high court has ordered Department of Justice (DOJ) Leila de Lima to “show cause” in 10 days why she should not be held in contempt for “"refusal to comply with the TRO and for disrespect towards the Supreme Court."
De Lima may be asked to pay a fine of P30,000 or ordered imprisoned up to six months if she is held in contempt.
On Tuesday, the SC ruled that the travel ban against the Arroyos is unconstitutional as no charges have been filed against them, letting Arroyo and her husband leave the country. But immigration officials prevented them from boarding their flight to Singapore on the same day as ordered by the DOJ.
With the watch list order shunned, a hold departure order (HDO) may be the next legal challenge for the Arroyos, as the Commission on Elections (Comelec) recently filed an electoral sabotage case against the former president and former election officials at the Pasay City Regional Trial Court.
Arroyo’s lawyer Raul Lambino said in an Inquirer report that Arroyo would respect the Pasay court if it issues a hold departure order.
In the latest development, the DOJ also filed a motion before the SC to lift the TRO in view of the electoral sabotage case filed against Arroyo.
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