November 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199082 : November 29, 2011]
JOSE MIGUEL T. ARROYO VS. DEPARTMENT OF JUSTICE, COMMISSION ON ELECTIONS, HON. LEILA DE LIMA, IN HER CAPACITY AS SECRETARY OF THE DEPARTMENT OF JUSTICE, HON. SIXTO BRILLANTES, JR., IN HIS CAPACITY AS CHAIRPERSON OF THE COMMISSION ON ELECTIONS AND THE JOINT DOJ-COMELEC PRELIMINARY INVESTIGATION COMMITTEE AND FACT-FINDING TEAM
"G.R. No. 199082 (Jose Miguel T. Arroyo vs. Department of Justice, Commission on Elections, Hon. Leila de Lima, in her capacity as Secretary of the Department of Justice, Hon. Sixto Brillantes, Jr., in his capacity as Chairperson of the Commission on Elections and The Joint DOJ-COMELEC Preliminary Investigation Committee and Fact-Finding Team); G.R. No. 199085 (Benjamin S. Abalos, Sr. vs. Hon. Leila M. de Lima, in her capacity as Secretary of Justice, Hon. Sixto Brillantes, Jr., in his capacity as COMELEC Chairperson, Rene V. Sarmiento, Lucenito N. Tagle, Armando V. Velasco, Elias R. Yusoph, Christian Robert S. Lim and Augusto C. Lagman, in their capacity as COMELEC Commissioners, Claro A. Arellano, George C. Dee, Jacinto G. Ang, Romeo B. Fortes and Michael D. Villaret, in their capacity as Chairperson and Members, respectively, of the Joint DOJ-COMELEC Preliminary Investigation Committee on the 2004 and 2007 Election Fraud); and G.R. No. 199118 (Gloria Macapagal-Arroyo vs. Commission on Elections, represented by Chairperson Sixto S. Brillantes, Jr., Department of Justice, represented by Secretary Leila M. De Lima, Joint DOJ-COMELEC Preliminary Investigation Committee, Sen. Aquilino M. Pimentel III and DOJ-COMELEC Fact Finding Team).- At the hearing of these cases this afternoon, the following counsels appeared:
(a) Counsel for Petitioner in G.R. No. 199082
- Atty. Ferdinand S. Topacio
(b) Counsels for Petitioner in G.R. No. 199085
- Atty. Brigido J. Dulay
- Atty. Julie Anne Christy A. Padilla
(c) Counsels for Petitioner in G.R. No. 199118
- Atty. Teddy E. F. Rigoroso
- Atty. Benjamin C. Santos
(d) Counsels for Public Respondents
- Solicitor General Jose Anselmo I. Cadiz
- Assistant Solicitor General Thomas M. Laragan
- Senior State Solicitor Carminda P. Gaite
- State Solicitor Lawrence Martin A. Albar
- State Solicitor Maria Victoria V. Sardillo
- Associate Solicitor Jose Mario Elino Tan
The counsels were directed to limit their discussions on the following issues:
- Whether or not Joint Order No. 001-2011 "Creating and Constituting a Joint DOJ-COMELEC Preliminary Investigation Committee and Fact-finding Team on the 2004 and 2007 National Elections Electoral Fraud and Manipulation Cases" is constitutional in light of the following:
- The due process clause of the 1987 Constitution
- The equal protection clause of the 1987 Constitution
- The principle of separation of powers
- The independence of the COMELEC as a constitutional body
- Whether or not the COMELEC has jurisdiction under the law to conduct preliminary investigation jointly with the DOJ
- Whether or not due process was observed by the Joint DOJ-COMELEC Fact-Finding Team and Preliminary Investigation Committee, and the COMELEC in the conduct of the preliminary investigation and approval of the Joint Panel's Resolution.
Each side was given twenty (20) minutes to present their arguments. As agreed upon by counsels for petitioners, Atty. Dulay shall discuss issues I-A, I-B and I-C while Atty. Santos shall discuss issues I-D and II for ten (10) minutes each. Counsel for respondents, Solicitor General Cadiz, shall tackle all the issues for twenty (20) minutes.
The counsels were informed that the time allotted for them to argue and counter-argue shall be exclusive of the time devoted for interpellation by the Members of the Court.
Attys. Dulay and Santos presented their arguments and thereafter, they were interpellated by the Court.
For lack of material time, the Chief Justice announced in open Court that the continuation of the hearing of these cases is SET on Thursday, December 1, 2011 at 2:00 P.M., same venue."cralaw
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court