The Supreme Court has rejected with finality the 2010 circular issued by then Justice secretary and now detained Senator Leila de Lima arrogating to herself the authority to prevent the flight of people facing criminal charges.
In an en banc session Tuesday, the magistrates voted to deny the motion for reconsideration filed by the government against its order.
Instead, the high court upheld its decision in April that declared unconstitutional De Lima’s Circular 41, which she used in 2011 to stop former President Gloria Macapagal-Arroyo from leaving the country and seeking treatment abroad while facing electoral sabotage charges.
An insider said the ruling became final after the high court denied the appeal of the Justice department.
De Lima, who is detained over the drug charges against her, had used the same order in likewise preventing her husband, former first gentleman Jose Miguel Arroyo, and former Philippine Amusement and Gaming Corp. chairman Epharim Genuino from leaving the country.
The high court affirmed its decision to grant the petitions of the Arroyos and Genuino that were filed seven years ago, which assailed the Department of Justice circular that granted the Justice secretary the power to issue a watchlist order that had the same effect as a court-issued hold-departure order.
The high court held that the Justice secretary had no authority under the law to stop the accused in criminal cases from leaving the country while facing charges because only trial courts could issue hold-departure orders.
The tribunal said the circular and all succeeding watchlist orders based on it violated the right to travel of the subjects under Article III, Section 6 of the 1987 Constitution.
The high court did not immediately release copies of its decision pending the submission of all concurring opinions by the justices.
It was not clear how the ruling would apply to the current policy of the Justice department involving the issuance of Immigration Lookout Bulletin Orders, which was formulated by De Lima to replace the WLO and was also implemented by resigned Justice secretary Vitaliano Aguirre II.
The high court had issued a temporary restraining order on Circular 41 on Nov. 15, 2011 on the petition of Mrs. Arroyo.
The former president, in a wheelchair, arrived at the airport later that day armed with the order from the high court. De Lima issued the WLO against her after the Justice department indicted her in an electoral sabotage case, for which she was later cleared.
But on De Lima’s instructions, immigration officials blocked Arroyo, who was bound for Singapore for medical treatment, in what was supposedly in defiance of the high court’s TRO.
A complaint for disbarment was later on filed by lawyer Ricardo Rivera against De Lima for her refusal to obey the high court’s TRO on the travel ban she imposed against the Arroyos.