PROADMINISTRATION Sen. Frank Drilon on Thursday declared as “illegal” the Department of Justice’s (DOJ’s) order to include former President Gloria Arroyo, her husband Jose Miguel Arroyo and 39 others implicated in alleged election cheating operations during her term on the Bureau of Immigration’s (BI’s) watch list.

A former Justice secretary, Drilon asserted that the order issued by Justice Secretary Leila de Lima was an infringement of the “constitutionally-guaranteed right to travel.”

Interviewed after a Senate hearing, Drilon questioned de Lima’s authority issue, is in effect, a hold-departure order (HDO) “in the guise of a watch-list order,” arguing that only Regional Trial Courts can issue HDOs in cases within their jurisdiction.

Drilon said, “the watch-list order which has the effect of a hold-departure order is illegal. To me, the watchlist order that encroaches on the right of a person to travel is contrary to the Constitution.”

Drilon assailed DOJ Department Circular 41, or the Consolidated Rules and Regulations Governing the Issuances and Implementing of Hold Departure Orders, Watchlist Orders, and Allow Departure Orders issued by de Lima’s predecessor, Alberto Agra, in May 2010 during the Arroyo administration which gave rise to the DOJ’s issuance of such travel restrictions.

He asserted that under current rules, a watch-list order is in effect an HDO because a person who is placed on the watch list should apply for an Allow Departure Order before he can travel.

Drilon insisted that “the right to travel is a constitutional right and a restriction on the right to travel in the guise of a watch-list order is also illegal.”

“A watch-list order which is in the nature of a hold-departure order can only be issued by the courts. And therefore, a hold-departure order issued by the Justice secretary, to me, has no legal basis,” Drilon added.

During the hearing, Assistant Chief State Counsel Pastor Benavidez agreed with Drilon’s position that only the courts can issue HDOs, in effect, contradicting the order of the DOJ chief.

Benavidez told the members of the Senate Committee on Justice that a proposed legislation has been submitted for congressional consideration, which Sen. Francis Escudero, panel chairman, noted was an “open admission” that the DOJ cannot issue such directive without legislative cover.

Drilon prodded DOJ officials concerned to revoke the Agra circular “because it cannot be supported by the provisions of the Bill of Rights. It is repugnant to the provisions of the Constitution on the right to travel.”

He added  that while the Arroyos must be made to answer to countless allegations of electoral cheating, the Aquino administration should follow proper procedures. “Whether you are in the opposition or in the administration, these rules should govern.”

Drilon also noted that several foreign executives in the country have “expressed concern” on the DOJ’s issuance of a travel restriction, since “an ordinary commercial dispute can be made to appear to be a violation of criminal laws and on that basis, a hold-departure order would be issued by the Department of Justice.”

“This has caused concern among a number of foreign investors,” he said. “It is a continuous restriction on the basic rights of citizens and of individuals which we cannot tolerate in a democratic society,” he said.

DOJ summons Army colonel, six others in election fraud probe

AN Army officer and six other Intelligence Service, Armed Forces (Isafp) personnel based in Camp Aguinaldo, Quezon City, have been summoned by the Department of Justice (DOJ) in connection with the election fraud investigation that the department is conducting jointly with the Commission on Elections (Comelec).

The DOJ representatives served the summons to the office of the Isafp chief, Brig. Cesar Ronnie Ordoyo.

Col. Arnulfo Burgos Jr., Armed Force spokesman, identified those summoned as Col. Reuben Basiao, Jeremy Javier, Romy Dayday, John Doe alias Maj. Joey Leaban, John Oliver Leaban, Peter Reyes and John Doe alias Capt. Peter Reyes.

“Aside from Colonel Basiao who is currently assigned as a battalion commander in Mindanao, we’re still waiting for confirmation as to names and ranks of the six others,” Burgos said.

He assured that the Armed Forces will make available the said personnel to appear before the joint preliminary investigation of the DOJ and the Comelec on November 3 at 2 p.m. to be conducted at the multipurpose hall of the DOJ in Manila.

“We will fully cooperate and we will make sure all the concerned personalities will be made available for the preliminary investigation,” Burgos said.

Based on the subpoena dated October 25, 2001, the names of the military personnel were mentioned in the documents filed by Sen. Aquilino Pimentel III in support of his complaint against former President Gloria Arroyo for alleged electoral sabotage in the 2007 election.

“Failure on your part to appear before the undersigned committee members to obtain copies of the complaint and supporting documents, as directed, shall be considered a waiver of your right to be furnished copies thereof,” the subpoena signed by Prosecutor General Claro Arellano, investigation panel chairman, said.

Other signatories to the summons are George Dee, provincial prosecutor of Laguna; lawyer Michael Villaret of the Comelec, a committee member; Jacinto Ang, Pasig City prosecutor; and lawyer Arturo Portes of the Comelec, a committee member.

GMA, Mike, Abalos, 38 others on BI watch list

THE Department of Justice (DOJ) on Thursday placed the former President, her husband Jose Miguel Arroyo, former Comelec Chairman Benjamin Abalos Sr., and 38 others on the Bureau of Immigration’s watch-list order in connection with the electoral sabotage complaint filed against them.

De Lima’s order to include the 41 on the watch list, will be valid for a period of 60 days unless sooner terminated or otherwise extended, through Chief State Counsel Ricardo Paras.

Aside from Arroyo, her husband and Abalos, also covered by the WLO are former acting Justice Secretary Alberto Agra; Michael Abas, Region 9 Comelec director; Basiao; Dayday; Javier; Leaban; Reyes; lawyer Jaime Paz, former chief of staff of Abalos; former poll supervisors Lilian Radam and Yogie Martirizar, of South and North Cotabato, respectively; and Datu Andal Ampatuan Sr., former governor of Maguindanao.

Also on the watch list are Lintang Bedol, former provincial election supervisor of Maguindanao; Norie Unas, former provincial administrator of Maguindanao; Nicodemo Ferrer, former Comelec commissioner and then-chairman of Task Force Maguindanao; and a certain Butch, alleged employee of Unas; Bong Serrano, of the Pasay City Administrator’s Office; Gabby Claudio, former Presidential Adviser on Political Affairs; and John Oliver Leaban.

 The DOJ also placed on the BI’s watch list 19 elections officers identified as Estelita Orbase, Elisa Gasmin, Elsa Atinen, Saliao Amba, Magsaysay Mohamad, Salonga Edzela, Ragah Ayunan, Susan Cabanban, Russam Mabang, Asuncion Corazon Reniedo, Nena Alid, Ma. Susan Albao, Rohaida Khalid, Araw Cao, Jeehan Nur, Alice Lim, Norijean Hangkal, Christian Roan Dalope and Maceda Abo.

Based on the report of the DOJ-Comelec fact-finding team, the respondents allegedly connived to manipulate the outcome of the 2007 elections in Maguindanao and the provinces of the South and North Cotabato in favor of the senatorial bets of Mrs. Arroyo who ran under the so-called Team Unity.

(With J. San Juan and Z. Solmerin)