Case Digest (G.R. No. L-62324)
Facts:
In G.R. No. 197930, 199034 & 199046, the petitioners—Efraim C. Genuino, Erwin F. Genuino, Sheryl G. See, Ma. Gloria Macapagal-Arroyo and Jose Miguel T. Arroyo—filed consolidated petitions under Rule 65 against Secretary Leila M. De Lima, the Department of Justice (DOJ) and the Bureau of Immigration (BI). They assailed DOJ Circular No. 41, s. 2010 (“Consolidated Rules and Regulations Governing Issuance and Implementation of Hold Departure Orders, Watchlist Orders and Allow Departure Orders”) for allegedly infringing their constitutional right to travel under Section 6, Article III of the 1987 Constitution. The antecedent facts show that DOJ Circular No. 41 consolidated DOJ Circulars 17 (1998) and 18 (2007), which formerly regulated Hold-Departure Orders (HDOs) and Watchlist Orders (WLOs), and repealed inconsistent issuances. Pursuant to Circular 41, Secretary De Lima issued several WLOs against petitioners for pending preliminary investigations into various crimes—plunder, maCase Digest (G.R. No. L-62324)
Facts:
- Development of DOJ rules
- In 1998 and 2007, DOJ Circular Nos. 17 and 18 were issued to regulate Hold-Departure Orders (HDOs) and Watchlist Orders (WLOs).
- On May 25, 2010, Acting DOJ Secretary Agra promulgated DOJ Circular No. 41, series of 2010, consolidating and repealing Circs. 17 and 18 and providing rules for HDOs, WLOs, and Allow-Departure Orders (ADOs).
- Issuances against petitioners
- In G.R. Nos. 199034 and 199046, against former President Gloria Macapagal-Arroyo (GMA) and Jose Miguel T. Arroyo:
- WLO No. ASM-11-237 (Aug. 9, 2011), Amended WLO No. 2011-422 (Sept. 6, 2011), and WLO No. 2011-573 (Oct. 27, 2011).
- Denial of GMA’s ADO (Nov. 8, 2011) by Sec. De Lima.
- In G.R. No. 197930, against Efraim, Erwin and Sheryl Genuino: HDO No. 2011-64 (July 22, 2011).
- Procedural history
- Petitioners filed Rule 65 petitions for certiorari and prohibition, challenging DOJ Circular 41 as infringing the right to travel.
- SC issued a TRO (Nov. 15, 2011) enjoining enforcement of Circular 41 and the listed WLOs, imposed conditions (bond, legal rep, consular reporting).
- Respondents delayed compliance; contempt and show-cause orders ensued; information for electoral sabotage was filed; petitions were consolidated and set for oral arguments.
Issues:
- Justiciability:
- Can the SC review DOJ Circular 41 despite subsequent expiration of WLOs and filing of information against GMA?
- Authority:
- Does the DOJ or its Secretary have constitutional or statutory power to issue Circular 41 and the attendant HDOs/WLOs/ADOs?
- Constitutionality:
- Does DOJ Circular 41 unconstitutionally impair the right to travel under Section 6, Article III of the 1987 Constitution?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)