November 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199034, November 15, 2011]
GLORIA MACAPAGAL-ARROYO, PETITIONER, v. HON. LEILA M. DE LIMA, IN HER CAPACITY AS SECRETARY OF JUSTICE, ET AL., RESPONDENTS. [ G.R. NO. 199046. NOVEMBER 15, 2011 ] JOSE MIGUEL T. ARROYO, PETITIONER, v. SECRETARY LEILA M. DE LIMA, IN HER CAPACITY AS SECRETARY OF JUSTICE, ET AL., RESPONDENTS. DISSENTING OPINION
There are also restrictions on the right to travel imposed on government officials and employees. For example, Office of the Court Administrator Circular No. 49-2003(B) requires judges and court personnel "to secure a travel authority from the Office of the Court Administrator" before they can travel abroad even during their approved leave of absence or free time. This restriction to travel abroad is imposed even in the absence of a law.
In the present case, petitioners are already undergoing preliminary investigation in several criminal cases, and charges may be filed before the courts while petitioners are abroad. In fairness to the Government which is tasked with the prosecution of crimes, this Court must hear first the Government in oral argument before deciding on the temporary restraining order which if issued could frustrate the Government's right to prosecute. The Government must be heard on how the charges against petitioners could proceed while petitioners are abroad.
Accordingly, I vote to (1) defer action on petitioners' prayer for a temporary restraining order, (2) require respondents to file their Comments on or before 21 November 2011, (3) hold oral arguments on 22 November 2011 at 2 o'clock in the afternoon, and (4) decide whether to issue a temporary restraining order immediately upon the conclusion of the oral arguments. cralaw