Philippine Supreme Court Resolutions

"G.R. No. 199034 (Gloria Macapagal-Arroyo vs. Hon. Leila M. De Lima, in her capacity as Secretary of the Department of Justice and Ricardo A. David, Jr., in his capacity as Commissioner of the Bureau of Immigration) and G.R. No. 199046 (Jose Miguel T. Arroyo vs. Hon. Leila M. de Lima, in her capacity as Secretary, Department of Justice, Ricardo V. Paras III, in his capacity as Chief State Counsel, Department of Justice and Ricardo A. David, Jr., in his capacity as Commissioner, Bureau of Immigration).- On November 15, 2011, the Court issued a temporary restraining order enjoining Secretary of Justice Leila M. De Lima, her agents, representatives, or persons acting in her place or stead, from enforcing or implementing DOJ Department Circular No. 41 and Watchlist Order Nos. ASM-11-237 dated August 9, 2011, 2011-422 dated September 6, 2011 and 2011-573 dated October 27, 2011. To date, it appears that Secretary De Lima has effectively prevented petitioners Gloria Macapagal-Arroyo and Jose Miguel T. Arroyo from leaving the country.

Accordingly, on motion of the petitioners, the Court Resolved to require Secretary De Lima to (a) SHOW CAUSE, within a NON-EXTENDIBLE period of ten (10) days from notice hereof, why she should not be disciplinarily dealt with or held in contempt for failure to comply with the temporary restraining order and (b) IMMEDIATELY COMPLY with the said temporary restraining order by allowing petitioners to leave the country.

The Court further Resolved to 

(a) NOTE the Certification dated November 15, 2011 of Araceli C. Bayuga, SC Chief Judicial Staff Officer, stating that Gloria Macapagal-Arroyo and Jose Miguel T. Arroyo posted a cash Bond in the amount of Two Million Pesos (P2,000,000.00) under Official Receipt No. 0030227 dated November 15, 2011 in compliance with the resolution dated November 15, 2011; 

(b) NOTE the Special Power of Attorney dated November 15, 2011 executed by Jose Miguel T. Arroyo, appointing Atty. Ferdinand Topacio as his legal representative in the Philippines to be his true and lawful attorney-in-fact, for his name, place and stead, to do and perform the following acts and things, to wit:

(i) To sign, verify and file a written statement; 

(ii) To make and present to the court an application in connection with any proceedings in the suit; 

(iii) To produce summons or receive documentary evidence; 

(iv) To make and file compromise or a confession of judgment and to refer the case to arbitration; 

(v) To deposit and withdraw any money for the purpose of any proceeding; 

(vi) To obtain copies of documents and papers; and 

(vii) Generally to do all other lawful acts necessary for the conduct of the said case

and he thereby agrees that all acts, deeds and things lawfully done by said attorney shall be construed as acts, deeds and things done by him and he undertakes to ratify and confirm all and whatsoever that his said attorney shall lawfully do or cause to be done for him by virtue of the power thereby given. He shall commit to the Court that he shall instruct his legal representative to amend par. (iii) above to state: "to receive summons or documentary evidence" and forthwith submit this compliance with the Court; 

(c) DENY the Consolidated Urgent Motion for Reconsideration and/or to Lift Temporary Restraining Order dated November 16, 2011 filed by the Office of the Solicitor General (OSG) for public respondents Leila M. De Lima, in her capacity as Secretary of Justice, Ricardo A. David Jr., in his capacity as Commissioner of the Bureau of Immigration and Ricardo V. Paras III, in his capacity as Chief State Counsel; 

(d) DENY the Urgent Motion to Move Oral Arguments Earlier dated November 16, 2011 filed by counsel for petitioner Gloria Macapagal-Arroyo; 

(e) NOTE the Manifestation dated November 16, 2011 filed by counsel for petitioner Gloria Macapagal-Arroyo, informing the Court that in accordance with the conditions laid down in the Temporary Restraining Order dated November 15, 2011, said petitioner served upon the OSG and filed with this Court copies of her Compliance dated November 15, 2011 by registered mail, as evidenced by Registry Receipt Nos. 3749 and 3750 issued by the Robinson's Ermita Postal Station; 

(f) NOTE, subject to the further commitment under par. (b) above, the Compliance dated November 16, 2011 filed by counsel for petitioner in G.R. No. 199046, submitting the following documents in compliance with the resolution of November 15, 2011:

(i) Annex "A" - A copy of Official Receipt No. 0030227-SC-EP dated November 15, 2011, showing their payment of the required bond in the amount of Two Million Pesos; 

(ii) Annex "B" - A copy of the Certification dated November 15, 2011 of the Fiscal Management and Budget Office, showing the payment of petitioners Jose Miguel T. Arroyo and Gloria Macapagal-Arroyo of the cash bond of Two Million Pesos; and 

(iii) Annexex "C" and "C-1" - A copy of the appointment of Atty. Ferdinand S. Topacio as legal representative of petitioner Jose Miguel T. Arroyo and former President Gloria Macapagal-Arroyo;

(g) NOTE the Special Power of Attorney dated November 15, 2011 executed by Gloria Macapagal-Arroyo, appointing Atty. Ferdinand Topacio as her legal representative in compliance with the resolution of November 15, 2011. She shall commit to the Court that she shall instruct her legal representative to amend par. (iii) of par. (b) above to state: "to receive summons or documentary evidence" and forthwith submit this compliance with the Court; 

(h) DENY the Motion for Leave of Court to Accept Memorandum as Amicus Curiae Submission dated November 12, 2011 filed by movant Fr. Ranhilio Callangan Aquino in G.R. No. 199034; 

(i) NOTE WITHOUT ACTION the aforesaid Memorandum dated November 12, 2011 filed by Fr. Aquino; 

(j) NOTE the Urgent Motion for Respondents to Cease and Desist from Preventing Petitioner GMA from Leaving the Country dated November 16, 2011 filed by counsel for petitioner Gloria Macapagal-Arroyo; 

(k) NOTE the Manifestation and Motion (Re: Consolidated Urgent Motion for Reconsideration and/or to Lift Temporary Restraining Order dated November 16, 2011) dated November 17, 2011 filed by counsel for petitioner Gloria Macapagal-Arroyo; 

(l) NOTE the Urgent Manifestation dated November 17, 2011 filed by counsel for petitioner Jose Miguel T. Arroyo, stating, among other things, that he is adopting the allegations in the Urgent Motion for Respondents to Cease and Desist from Preventing Petitioner GMA from Leaving the Country filed by petitioner Gloria Macapagal-Arroyo insofar as the said allegations are relevant to his petition and joining petitioner Gloria Macapagal-Arroyo in her prayer; and 

(m) NOTE the Urgent Opposition dated November 18, 2011 filed by the OSG for the respondents.cralaw

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
  Clerk of Court