FILE PHOTOS: Former President Gloria Macapagal Arroyo; former DOJ Leila De Lima (PCOO / UNTV News)
MANILA, Philippines —The Supreme Court (SC) has granted the petition of former President Gloria Arroyo to nullify the watchlist order issued against her by former Department of Justice (DOJ) secretary and now Sen. Leila de Lima.
With this order, authorities prevented Arroyo from leaving the country in 2011.
But the high court ruled out the department circular used by De Lima as the basis of the watchlist order as unconstitutional, as it violates the right to travel under the 1987 Constitution.
“The court, voting unanimously, declared DOJ Department Circular No. 41 as unconstitutional for being violative of the right to travel under Article III, Section 6 of the 1987 Constitution; As a consequence, all issuances released pursuant to said DOJ department circular are null and void,” SC Spokesperson Atty. Theodore Te said.
The court explained that DOJ’s Department Circular No. 41 issued in 2010 by then acting Sec. Alberto Agra has no legal basis.
The circular empowers the secretary of justice to issue watchlist orders.
The court said Congress needs to pass a legislation giving such authority to the justice chief as provided under the Constitution.
But in the absence of such law, it is illegal for DOJ to stop anybody from leaving the country.
“The court, in interpreting Article III, Section 6, determined that there was no legal basis for Department Circular No. 41 because of the absence of a law authorizing the secretary of justice to issue hold departure orders, watchlist orders, or allow departure orders,” said the spokesperson.
Justice Andres Reyes Jr. wrote the unanimous decision and only Justice Alfredo Benjamin Caguioa took no part in deciding the case. — Roderic Mendoza | UNTV News & Rescue
The post SC rules DOJ watchlist orders unconstitutional appeared first on UNTV News.