CONTRARY to the announcement of Supreme Court Spokesman Midas Marquez that the High Court voted 8-5 reiterating the temporary restraining order on the Watch List Order of Justice Secretary Leila de Lima issued on former President Gloria Arroyo and her husband, a highly reliable source said the tribunal, voting 7-6, actually declared its Nov. 15 TRO inoperative following the failure of the Arroyo camp to comply with all the conditions set by the court.
The seven who voted that the TRO is inoperative were Senior Justice Antonio Carpio, Associate Justices Maria Lourdes Sereno, Bienvenido Reyes, Estela Perlas-Bernabe, Jose Mendoza, Martin Villarama and Roberto Abad.
The six who stood firm on the TRO were Chief Justice Renato Corona, Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin and Jose Perez.
The source said the Arroyo couple did not comply with the second condition requiring that the former First Couple appoint a legal representative to receive subpoenas, orders and other legal processes on their behalf while they are abroad.
The two other conditions were a bond of P2 million each and a requirement that they report to Philippine consulates in the countries they will visit. The legal counsels of the Arroyos also have to coordinate their travels.
In an early evening interview, Marquez explained that it’s true that in a vote of 7-6 the justices found the TRO was inoperative because the conditions set by the court were not met.
However, he said, by the same vote, the High Court also decided that “there is no need to suspend the effectivity of the TRO.”
The Department of Justice last month placed Arroyo, her husband and about 40 others accused of electoral sabotage in the 2007 elections on the watch list. Their suspected involvement in the poll fraud in North Cotabato, South Cotabato and Maguindanao is being investigated by a joint panel of the Commmission on Elections and DOJ.
In anticipation of the electoral sabotage suit that government was to file, the DOJ ordered the Arroyos put under the Watch List Order, the legality of which was questioned by the couple before the High Court, which issued a TRO on the WLO last Nov. 15. Justice Secretary De Lima, however, defied the TRO and barred the Arroyo from leaving the country.
In an early afternoon press briefing, Marquez announced that in a special en banc , the High Court, voting 8-5 rejected the Solicitor General’s motion for reconsideration on the TRO.
Marquez also said the court ordered Arroyo lawyer Ferdinand Topacio to submit a supplemental compliance indicating his authority to receive court summons and other processes as legal representative of former President Arroyo.
The SC also directed Justice Secretary Leila de Lima to show cause within 10 days why she should not be held in contempt of court for refusal to comply with the TRO issued by the Supreme Court and for disrespect towards the SC.
The High Court also rejected the Arroyo camp’s motion to schedule earlier the oral arguments on the Arroyos’ petition to lift the watchlist order and declare as illegal Department of Justice Circular No. 41 paving the way for scheduled oral arguments on Tuesday.
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