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Arroyo asks SC to issue cease and desist order vs. DOJ, BI

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The camp of former President and now Pampanga (2nd District) Rep. Gloria Macapagal-Arroyo on Thursday filed a petition before the Supreme Court (SC) seeking the issuance of a cease and desist order (CDO) to stop the Department of Justice (DOJ) and the Bureau of Immigration (BI) from preventing her from leaving the country to seek medical treatment for her bone disease.

The BI is an attached agency of the DOJ.

In a 13-page urgent motion, Atty. Estelito Mendoza, the legal counsel of the former president, said that the temporary restraining order (TRO)issued by the SC Tuesday is immediately executory "thus, there is no basis for respondent Justice Secretary [Leila De Lima] and the Bureau of Immigration from delaying its implementation.

"By thus continuing to enforce and implement the assailed orders and directing the attached agencies of the DOJ to stop petitioner GMA from leaving the country, the respondent Secretary openly defied the immediately executory TRO issued by this Honorable Court in blatant disobedience of and resistance to a lawful order of this Honorable Court," Mendoza said.

The Arroyo camp filed the petition after the DOJ ordered the BI to stop them from leaving the country on Tuesday night despite compliance with the condition set forth by the SC before leaving the country. The conditions were payment of P2-million cash bond, appointment of a representative to receive legal processes and subpoenas, and to report or call to the Philippine embassy or consulate informing them of the presence of the Arroyo couple in that particular country.

Mendoza said that when they asked Immigration officials to show document about the Justice Secretary's order to stop the Arroyos from leaving, they failed to show any.

"Under the circumstances, petitioner GMA is without any plain, speedy and adequate remedy but to ask the Court, in implementation of its TRO, to direct respondents to cease and desist from preventing petitioner GMA from leaving the country for her scheduled medical treatment abroad," the petition said.

"WHEREFORE, petitioner GMA respectfully prays that this Honorable Court immediately implement the Temporary Restraining Order, dated 15 November 2011 issued in the above-captioned case and order the respondents, their agents, representatives and persons acting in their stead to immediately cease and desist from preventing petitioner GMA from leaving the country," the petition said.

By Perfecto T. Raymundo, Jr.-PNA




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