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PWEDE NAMAN PALANG PABILISIN ANG HACIENDA LUISITA. BAKIT PINAG-HINTAY PA ANG MGA MAGSASAKA NG TAON TAON? KUNG HINDI PA NA-TRO AT NAKASUHAN SI GMA, HINDI MANGYAYARI ITO. NAKAKAHIYA KAYO SA SUPREME COURT! DE LIMA STANDS FIRM ON TRAVEL BAN By Edu Punay (The Philippine Star) Updated December 03, 2011 12:00 AM MANILA, Philippines - Justice Secretary Leila de Lima remained optimistic yesterday that the government will win its case in the Supreme Court (SC) on the legality of the travel ban imposed on former President and Pampanga Rep. Gloria Macapagal-Arroyo. De Lima had come under intense grilling from the justices during oral arguments last Thursday. De Lima stood firm on her belief that Circular No. 41 and the watchlist order (WLO) she issued against Arroyo were legal, after the justices gave her a lecture on constitutional law and even a warning that she could be misleading President Aquino. "It (issuance of WLO) was not an abuse of discretion on our part. And I think the people would understand that," she told reporters. De Lima explained that there is no law expressly granting her office the power to issue WLOs and hold departure orders (HDOs) as what the justices had demanded from her, reiterating that such authority was provided by the government's police power under Executive Order 292 (Administrative Code of 1987). "Even if I would be asked a million times to name a law expressly granting to the DOJ the power to issue WLO, I would not be able to give one because there's really none," she explained. Asked how she felt after the oral arguments, she replied: "I'd like to still be optimistic at this point. The fight isn't over yet. The boxing is still on." She believes the DOJ would be able to convince the magistrates of the government's position through a memorandum to be filed on the first working day of next year. "We will do our best to present convincing arguments. We hope the SC would understand the consequences once the power to issue HDO and WLO is taken away from the DOJ," she added. Several justices grilled De Lima during oral arguments on the petition of Arroyo questioning the constitutionality of Circular No. 41. The hearing ended with the feisty Justice secretary in an unusual subdued mood. She was told that she was already acting as if she had more power than the courts. Justices lecture DOJ chief Associate Justice Teresita Leonardo-de Castro questioned why the DOJ issued the watchlist order and denied Arroyo's bid to travel even prior to the determination of probable cause by investigating prosecutors on poll fraud charges against her. De Lima invoked the executive department's inherent police power through her authority under Circular No. 41, which she said gave her the power to decide on whether or not to allow a respondent in a criminal complaint undergoing preliminary investigation in the DOJ to leave the country even prior to determination of probable cause. Justice De Castro then told her: "In other words, you are more powerful than the court because the court can issue HDO upon filing of the information and issuance of warrant. Here, it is completely within your discretion to go over the complaint without hearing the other side. "The way you interpret the law shows that you are more powerful than the court," she told the DOJ chief. In reply, De Lima said the DOJ is very selective in using such power to issue WLO -- only in some cases so as not to frustrate the ends of justice. She, however, did not contest the magistrate's statement. De Castro then went on to grill the DOJ chief on the validity of Circular No. 41. She said the Constitution clearly provides that the right to travel of a citizen may only be impaired through a law duly passed by Congress in cases when national security, public safety or public health may be threatened. De Lima cited EO 292, which provides for the inherent police power of the executive department, as the basis for issuing WLO. She conceded there is no law expressly providing for DOJ's power to impair a citizen's right to travel, but said "we don't need a law to do that because what we are invoking is the state's inherent police power." De Lima insisted that Arroyo was a "real flight risk," especially since the urgent need for the former president to be treated abroad "has not been justified yet." read more... http://www.philstar.com/Article.aspx?articleId=754430&publicationSubCategoryId=63