Is Supreme Court Justified??

gma - failed to leave country for a day
Philippines
November 15, 2011 11:07pm CST
Hello Lotters, The somewhat expected thing has happened, the Supreme Court has granted Gloria Arroyo to leave the country because of the Temporary Restraining Order, against the watch list of DOJ-De Lima. De Lima believes that her leaving the country has given Arroyo a high chance not to come back to the country for her good.that's why she was insisted on the watch list. But there's a bit suspicion on the Decision of the Supreme Court, Corona is a Loyal Ally of GMA, probably convinced co-judge to help her get out. But on the other hand, GMA does need treatment and it's not really available in our country. The Government proposed to import a specialist but activist had protest over using govt funds for her medical treatment. Next week will be a debate between DOJ and Supreme Court over her stay or leave the country. What do you think? is it really debatable?
1 person likes this
15 responses
@rsa101 (37969)
• Philippines
16 Nov 11
This is a tensed situation since there are two department clashing with each other. Although I know that the majority of the judges are appointees of Arroyo so their decision was made rather questionable as well. But in my own personal opinion there are lapses in DOJ since they failed to file the charges against the family, which is the only reason they can bar a citizen from leaving the country. DOJ's are just speculating that they would not return and I think that would not hold on legally unless they have formally filed a complaint against them already. Constitution still protects this and I think the slowness in action of the administration is giving them the edge over the issue. It is just like the Ramona Bautista case she was allowed to leave the country because there was no formal complaint against her for the murder of his brother.
@rsa101 (37969)
• Philippines
16 Nov 11
Well if this was an ordinary citizen then I think when trying to escape while no case is pending against them they should be free to leave the country if he could afford to. I think many has done that in the past.
• Philippines
16 Nov 11
You are perfectly correct on your response. Speculations are just insubstantial in a particular case unless you have gather enough evidences. But I am more in the rights aspect, because GMA is a high profile person so it is a very celebrated issue, but what if this happens to Juan De la Cruz, just an ordinary citizen. We have our basic rights to protect and this issue is one of them regardless of your social status.
• Philippines
16 Nov 11
Hello Rsa101, Yeah you're right talk about two justice system that's on the opposite of each other, you never really know which one is really unfair. the slowness of action itself has made Ramona her luck to get out just in time before they could file an arrest on her.Well, i guess we just have to respect her rights but the danger of her escaping still lurks, we nver if she has plan on her sleeve
1 person likes this
@greenpeas (998)
• Philippines
16 Nov 11
The current Supreme Court justices interpret the laws according to the interest of their favored patrons especially the Arroyos. They dont deserve to be in the Supreme Court at all. This is not the laws speaking, this are criminals in robes subverting the laws to make the Filipino people hostages to the same democratic process that should have protected them. Justice Renato Corona and other Arroyo cohorts, shame on you. Please resign, or will the good people do nothing and let these evil prevail again in our land?
• Philippines
16 Nov 11
Hello Greenpeas, I am still bothered as to why they didn't protest when Corono was put to the Judicial Supreme Court whereas it's clear that he was part of the midnight appointees that would serve as her aces in case the people would mount on her for her crimes i think. Only if she was not sick this won't happen.
• Philippines
16 Nov 11
@andy4pinoy: I think Neal Cruz have the best say to your question: Leila de Lima is only using her common sense By: Neal H. Cruz Philippine Daily Inquirer Aside from the shameful decision in the Pacquiao-Marquez bout, what is being debated in the Philippines now is the ban on former President Gloria Macapagal-Arroyo to leave the country. Some lawyers say it is a violation of the individual’s right to travel as guaranteed by the Constitution. Some even urged Justice Secretary Leila de Lima, who imposed the ban, to resign. Others say she is allowed to do that by an order issued by then President GMA herself. Now that the order is being made to apply to her, she has run to the Supreme Court (most of whose justices were appointed by her) to nullify the order. As I see it, Secretary De Lima is only using her common sense. Already, the justice secretary suspects that GMA may seek political asylum in some other country and not come back to face the very serious charges against her, why should she be allowed to leave the Philippines? Who would be blamed if De Lima allowed the former president to leave and GMA leaves for good? Coming in the wake of the escape of Ramona Bautista, a suspect in the murder of her own brother, letting GMA leave now would be the height of stupidity. As De Lima said in her decision, “we would be the laughingstock of the world.” But lawyers will always be lawyers and will try to make black look white, and white look black by invoking legal technicalities. Put two lawyers together and they would never be able to agree on any issue. Sure the Constitution guarantees a person’s right to travel, but all rights have their limits, as when they collide with the rights of others. Freedom of the press is limited by the law on libel, freedom of speech is limited by the law on slander, the freedom of workers to strike is limited by other labor laws, the freedom to gather and seek redress for grievances is limited by many other laws. Likewise, the freedom to travel is not absolute. It is limited by the right of the government and the people to seek justice. Of all the rights, I think the right to justice is the most important. Why should a person’s right to travel be more important than a whole nation’s right to justice? Travel is supposed to be taken at one’s leisure. Are a person’s leisure and pleasure more important than justice? Once the cases against GMA are finished and she is acquitted, she can travel all over the whole world for all she wants and nobody will stop her. Aside from the constitutional guarantee to travel, GMA supporters say she should be allowed to seek medical treatment abroad as a humanitarian gesture. But President Aquino already said that instead of GMA going abroad to be treated by foreign doctors, these foreign specialists will be brought here, at government expense, to treat her. How more humanitarian can you get? Besides, as Monday’s Inquirer editorial said, GMA has given different versions of her condition. And for someone who is supposed to be sick, she “has presented an itinerary abroad that would daunt even Superman… How can someone so sick have the energy to attend those meetings?” GMA “has the right to seek medical treatment anywhere, but this should be balanced by the state’s right and duty to ensure that the justice system works credibly and effectively.”
@aerous (13434)
• Philippines
16 Nov 11
Well, if those people involved the hold departure order of Mrs. Arroyo is prohibited under the constitution. Because there is no charges yet being filed and all the cases filed are all under preliminary investigation and no case under trial yet... The government know that Mrs. Arroyo put those supreme court justice. They don't take any measure on what their actions was...
@aerous (13434)
• Philippines
18 Nov 11
Now, the government file charges again the former President. She is now under Hospital arrest... We hope that not only election sabotage being filed but also plunder, graft and corruption. Because she pay many congresmen, governor,mayor to stay in power...
• Philippines
17 Nov 11
Hello Aerous, It's sad that they didn't have time to file charges against her, she and the entire family is too smart and too good to be evasive to boot. She better get home after her check up or else it would be another criminal getting out of the scene,
@enelym001 (8322)
• Philippines
16 Nov 11
They could have someone go with GMA which ever country she will have her treatment. The government has been spending a lot on travels, why not spend for someone just to be sure GMA won't get away with them. The lady needs to be treated, I don't know what they will feel too if they're so sick and needs treatment but everyone's not allowing them to leave for this purpose
• Philippines
16 Nov 11
Hello enelym, I agree with you that they can't let her get out of the place with out some one actually keeping an eye on them to see if they really make it back to the country. you have a point there, i forgot she's really in bad shape and couldn't afford to testify if she is really in that condition.
@enelym001 (8322)
• Philippines
16 Nov 11
Yes, what's the point of going to the court if she's not well? I don't wanna bring this up, but I can't stop myself. When Lacson needs to be questioned before, I didn't think he was forced to answer everything... who helped him and all those things were just left unanswered without him being charged. Now he's a free man.
@Mashnn (4501)
16 Nov 11
I think it is ok for the court to let her go out for treatment but at the same time I believe that Philippines have specialized and professional doctors who would have attended to her medical needs. I just don't get it why she need to go outside anyway.
• Philippines
16 Nov 11
Hello Mashnn, Unfortunately her spoke person mentioned in a n interview with Karen stated that our country doesn't have specific specialization on her condition that really needs foreign expert. they believe the country doesn't have that specialization just yet though. we hope that some day she will be tried for her acts along with those involved.
@Mashnn (4501)
16 Nov 11
What is her condition if I may ask? I thought you have some good doctors or maybe I was wrong or what.
• Philippines
16 Nov 11
Leaving the country to seek further treatment is a basic right of every citizen of a country. Her alleged crimes were still under further investigation and as such she is still innocent until proven guilty. What the government and Justice De Lima were doing is that they took that right to GMA and possibly might happen to other ordinary Filipino Citizen. She already has the favor of the supreme court. As the highest judicial system on the Philippine land, the ruling should be respected. If ever she would just be an ordinary citizen, still she should be granted to leave the country in humane way as this is under the patient's bill of rights. To seek treatment in any place,facility, doctor etc... to which she thinks bring here back into a healthy state. I am not pro-GMA but I am pro rights. If they seek justice to the alleged crime committed during her terms so it shall be done in a proper ruling not cutting off a citizen's basic rights. She has the court ruling, paid a 2M bond and agreed to visit the embassy in the host country upon arrival, what else would the Pnoy government want? How I wish people in the government and the President himself will act with Prudence and wisdom
• Philippines
16 Nov 11
Hello Andy4pinoy, I used to be pro-GMA back in 2004 but that's because i didn't trust any other candidates back then whom i thought was not versatile in being a leader of this country. but now i realized it was nothing more than just mere power grab and corruption has made the country rampant. well, you have a point. but she was stopped anyways.
1 person likes this
• Philippines
16 Nov 11
Hi there, who else you think is better on the position? the're just the same. AS what you've said mere power grab and corruption. Si frustrating to see that Philippines has been left by our Asian neighbors in terms of progress and development. We are laid back because of how our public servants did while sitting on authority just merely making all their pockets full from kickbacks.
1 person likes this
@jaiho2009 (39142)
• Philippines
16 Nov 11
hello LK, I don't when Supreme Court gives justice... I already forgot that we have supreme court...hehehe
• Philippines
16 Nov 11
Hello Jaiho, Well I wasn't really focusing much on the Supreme Court because I've always thought about this place to be more observant in terms of giving fair to the people. I realized it isn't as perfect as i thought it would be.
@ebuscat (5935)
• Philippines
16 Nov 11
For me not at all in this time because we are full of injustice anyway in our society so be good so that things would be best in us but if Jehovah God rule in this time no injustice would be made.
• Philippines
16 Nov 11
Hello ebuscat, I just hope GOD knows way to put a conscience on the family because a LOT has sufferred. though she has her contributions, her mistakes shouldn't be let go of and she should held accountable to. lets all hope justice will prevail to all of us
@ybong007 (6643)
• Philippines
17 Nov 11
I'm not a lawyer so it's hard to say whose right and whose wrong at this stage since both sides seems to have valid arguments as far as GMA's travel abroad. Based on the turn of events, it seems as if De lima is slowly turning into the bad guy by defying a supreme court directive. On the other hand, we can't blame de lima for standing firm in what she believes is right. After all, what at stake is justice for all Filipinos and it's her job as justice secretary to make sure that justice is served. I think a lot of people were disappointed by de lima's actions and claimed that there's already a constitutional crisis going on. Miriam even contemplated shooting herself after the immigration didn't allow the arroyos to leave. it seems as if,they consider it a mortal sin to defy the supreme court, forgetting the fact that the so called "supreme" court already back tracked on several of its decisions in the past. This means, that those judges sitting there as not as perfect as what people are trying to portray them. Adding to the fact that most of them are GMA appointees. On the other hand, I don't think GMAs condition is life threatening, in fact speaking engagements are even part of her itinerary so what's the haste? The fact that she's still alive after her doctors made a successful operation means that we have local doctors who are competent enough take care of her condition. Given the above mentioned scenerios, I don't think a few more weeks of staying at St.Lukes would be harmful to her while the court settles ones and for all the issue between the DOJ and SC. Well, not unless the arroyo camp is trying to gain public sympathy by making it appear that they're being prosecuted.
• Philippines
18 Nov 11
Hello Ybong, I doubt she will geet a lot of public symphaty after all of this, probably some side comments from foreign governments but definitely not teh people. I believe the arroyo should have wait, if it's possible they can have specialist and equipment transferred temporarily to the country, i think they still want to get out.
• Philippines
17 Nov 11
Many opinions have been said, and mine would particularly fall into one or two of the posted responses. However, I'd still like to put my two cents. There are valid reasons on each side of the debate, and personally, I think the issue is healthy becuase it allows the public to think and form opinions. My erosional opinion on the matter as a layman is to let her go but with governemnt surveillance. The court is already decided and keeping her here while a war of legalities is not exactly what I want to hear on the news every single day until Christmas come. Whether or not she's faking her condition is not or the public to decide. It's the government's job to prove that she is not ill and she is escaping under such premises. If they can prove her guilt, by all means, throw her to Munti. However, if she has medical condition, I'm not a stone cad not to allow her to seek medical treatment. That would be torture and a less human thing to do. Might as well start a French revolution in here. I don't blame the Arroyos if they pull things under their sleeves. This is politics and power is the most important card in the game. Survival is its content. Beside,s what's the point of power if you can't use it for your own means? I cannot form a decent and solid opinion merely becuase most of the hings I hear and read can be categorized as speculation and innuendo. I am also not well-versed in the law. So, all I can do is sit tight and watch an eventual Moro-Moro or a soap opera that might eventually be buried under the rug. Peace!
• Philippines
17 Nov 11
Hello Jeanne, I think she is trying to survive now and Corona was one of her last ACE in the hole so that she can find her way out of our country. I don't know about a revolution, there's too much to loose, if we can't beat the rebels, such revolution can weaken the government and allow the rebels to strengthen their position any further.
@WakeUpKitty (8694)
• Netherlands
16 Nov 11
Everything is debatable but personally I don't see the need to let someone go for medical treatment. It's used way too easily as an excuse. If surpreme court is justified depends on how you interpretend justice or the court itself.
• Philippines
17 Nov 11
Hello wakeupkitty, her condition is probably rare as to why she needs to leave but i see it a chance also for her to escape. the court is right she has the mandate to leave since the arrest warrant or charge filed isn't there. but the supreme court has corona and that is ngative thing about it
@ralphs (209)
• Philippines
17 Nov 11
that's their last resort giving the public their medical abstract who's needed a medical consultation in other countries, and to get other people sympathy because of their sickness, but in case of Gloria Arroyo even though she is sick(if it is true) i think the sympathy of other people will not go to GMA, she do a lot of corruption practices billion of pesos were corrupt by this damn family, they have no conscience to the poor people they get the money to the poor people, and they always says we have the rights to go to other countries because that is our rights but they think that the rights of the poor people who was disregarded by this family was activated? of course not because they don't think to the other people they only think about their money and themselves what an evil, i think the DOJ do the right thing to stop the arroyo's to flee in our country, and the supreme court who has give the Arroyo the TRO to get to flee in our country their are all BS! how much did arroyo gave to the 8 judges to have her TRO? around 10 million or even 100 million each.
• Philippines
18 Nov 11
Hello ralphs, Definitely will not go to GMA no matter how sick she is now, because she has used up all of her immunity and will definitely not last now. I hope the Filipinos in Singapore will be able to keep an eye for her for the moment.
@JER616 (545)
• Philippines
16 Nov 11
I believe that it is proper for the Aquino administration not to allow gma to leave the country considering public interest. She is about to face corruption and vote-rigging charges. Allowing her to go will manifest the government's lack of political will to press proper charges in court, aside from the possibility of facing difficulty to force her to come back considering absence of extraditon treaty in the countries she intends to go. Her plea for humanitarian reason on account of her operation is a weak proposition considering her condition. It will be best for the doctor of her choice abroad to come to the Philippines and attend to her than the other way around. This will be convenient for her as this won't require to be very mobile. Nonetheless, the costs of inviting the doctor-specialist abroad and the professional and medical fees involved should be borne by the arroyo's. On the other hand, seeking medical treatment abroad is an insult to Filipino specialists. They are impliedly saying that there are no Filipino specialists competent enough to treat her condition.
• Philippines
17 Nov 11
Hello Jer616, Yeah, that's what I also think about, the general public wants her to be on trial by court or investigated by the senate..unfortunately if the statement of her spokesman is true that there is no medical equipment and exact treatment that would assist here then she has no choice but to attend to those treatments. well, whats her choice if there are no exact specialist in her condition
@jtj_hello (627)
• Philippines
16 Nov 11
i think it's just proper for arroyo to be allowed to leave for medical reason. I hope though that she will be true to her words and return once she's through with her medical issues. I wish her well as a person but I wish that justice will be serve still.
• Philippines
16 Nov 11
Hello Jtj_hello, that's the problem. I have seen her in television deliberate mind changer. personally, i don't believe any word she says now. with that corona on the circle, he could influence yet the court again to grant her escape and help closure to her case of plunder
• Philippines
16 Nov 11
her appeal has already been approved and she's free to go. Unfortunately, it is the right of every person to seek the best medical treatment available and Arroyo is no exemption.
• Philippines
16 Nov 11
I think the Supreme Court acted correctly. Arroyo has a constitutional right to travel (and in this case, for medical reasons which has a deeper implication); she is not yet convicted of any crime. In the mind of the Justices, great irreparable injury may happen if they do not allow Arroyo to seek for medical help abroad. The SC issued the TRO, making all precautions that they will return. However, can we, Filipinos, file a case against the SC if the Arroyos will not return after the expiration of the TRO, which is 20 days from its issuance? If they will not return, who will be blamed? The SC, right? But do we have a recourse against the Supreme Court? Let's just pray they will return and face all the cases filed against them.
• Philippines
16 Nov 11
Hello heavennnn-sent, I don't know about that, since twenty days is a lot of time for them to plan on something. even though they have an escort they can even plan it through intern private mssaging. but you never really know, but am glad they are being closed eyed upon on. Not only the Supreme Court but Corona will be the center eye of the blame game