Republic of thePhilippines
Supreme Court
Manila
EN BANC
GLORIA MACAPAGAL-ARROYO,
Petitioner,
-versus-
Hon. LEILA M. DE LIMA, in her
capacity as Secretary of the Department
of Justice and RICARDO A. DAVID,
JR., in his capacity as Commissioner of
the Bureau of Immigration,
Respondents.
X- – – – – – – – – – – – – – – – – – – – – – – -X
JOSE MIGUEL T. ARROYO,
Petitioner,
-versus-
Hon. LEILA M. DE LIMA, in her
capacity as Secretary, Department of
Justice, RICARDO V. PARAS III, in
his capacity as Chief State Counsel,
Department of Justice and RICARDO
A. DAVID, JR., in his capacity as
Commissioner, Bureau of Immigration,
Respondents.
X- – – – – – – – – – – – – – – – – – – – – – – -X
G.R. No. 199034
G.R. No. 199046
TEMPORARY RESTRAINING
ORDER
TO: Hon. LEILA M. DE LIMA
Secretary
RICARDO V. PARAS III
Chief State Counsel
Department of Justice (DOJ)
Padre Faura St., Ermita,Manila
RICARDO A. DAVID, JR.
Commissioner
Bureau of Immigration (BOI)
2ndFloorBOIBuilding
Magallanes Drive, Intramuros,Manila
Temporary Restraining Order – 2 – G.R. Nos. 199034 & 199046
November 15, 2011
GREETINGS:
WHEREAS, the Supreme Court, on November 15, 2011, adopted a
resolution in the above-entitled cases, to wit:
G.R. No. 199034 (Gloria Macapagal-Arroyo vs. Hon. Leila
M. De Lima, in her capacity as Secretary of the Department of
Justice and Ricardo A. David, Jr., in his capacity as Commissioner
of the Bureau of Immigration) and G.R. No. 199046 (Jose Miguel
T. Arroyo vs. Hon. Leila M. de Lima, in her capacity as Secretary,
Department of Justice, Ricardo V. Paras III, in his capacity as Chief
State Counsel, Department of Justice and Ricardo A. David, Jr., in
his capacity as Commissioner, Bureau of Immigration).- Acting on
the Special Civil Actions for Certiorari and Prohibition with Prayer
for the Issuance of a Temporary Restraining Order and/or Writ of
Preliminary Injunction, and mindful of the underlying issues in the
cases – the right to life (which is the highest right under the
Constitution) and its supporting rights, including the right to travel
– the Court Resolved to
(a) CONSOLIDATE the above-entitled
cases;
(b) REQUIRE the respondents to
COMMENT on the consolidated petitions NOT
LATER THAN NOVEMBER 18, 2011;
(c) ISSUE a TEMPORARY
RESTRAINING ORDER in the consolidated
petitions, enjoining the respondents from enforcing or
implementing DOJ Department Circular No. 41 and
Watchlist Order Nos. ASM-11-237 dated August 9,
2011, 2011-422 dated September 6, 2011 and 2011-573
dated October 27, 2011, subject to the following
conditions:
(i) The petitioners shall post a
cash bond of Two Million Pesos
(P2,000,000.00) payable to this Court
within five (5) days from notice hereof.
Failure to post the bond within the
aforesaid period will result in the
automatic lifting of the temporary
restraining order;
(ii) The petitioners shall
appoint a legal representative common
to both of them who will receive
subpoena, orders and other legal
processes on their behalf during their
absence. The petitioners shall submit
the name of the legal representative,
also within five (5) days from notice
hereof; and
Temporary Restraining Order – 3 – G.R. Nos. 199034 & 199046
November 15, 2011
(iii) If there is a Philippine
embassy or consulate in the place where
they will be traveling, the petitioners
shall inform said embassy or consulate
by personal appearance or by phone of
their whereabouts at all times; and
(d) SET the consolidated cases for ORAL
ARGUMENTS on November 22, 2011, Tuesday, at
2:00 p.m. at the New Session Hall, New Supreme
Court Building, Padre Faura, Ermita,Manila.
The Court further Resolved to NOTE the
(a) Very Urgent Manifestation and Motion
dated November 9, 2011 filed by the Office of the
Solicitor General (OSG) for respondents Hon. Leila M.
De Lima, in her official capacity as Secretary of the
Department of Justice and Ricardo A. David, Jr., in
his capacity as Commissioner of the Bureau of
Immigration in G.R. No. 199034;
(b) Manifestation and Motion dated
November 10, 2011 filed by the OSG for respondents
Hon. Leila M. De Lima and Ricardo A. David, Jr. in
G.R. No. 199034;
(c) Supplemental Petition dated November
13, 2011 filed by counsel for petitioner in G.R. No.
199034;
(d) Comment/Opposition (on/to the Very
Urgent Manifestation and Motion dated November 9,
2011) dated November 14, 2011 filed by counsel for
petitioner in G.R. No. 199034;
(e) Very Urgent Manifestation and Motion
dated November 9, 2011 filed by the OSG for
respondents Hon. Leila M. de Lima, in her capacity as
Secretary of the Department of Justice, Ricardo V.
Paras III, in his capacity as Chief State Counsel and
Ricardo A. David, Jr., in his capacity as Commissioner
of the Bureau of Immigration in G.R. No. 199046; and
(f) Urgent Manifestation filed by counsel
for petitioner in G.R. No. 199046.
The temporary restraining order shall be immediately
executory. Justices Antonio T. Carpio and Bienvenido L. Reyes
have reserved the right to submit their dissenting opinions.
Leonardo-De Castro, J., on official business. Del Castillo, J., on
official leave. (adv156 & 157)
Temporary Restraining Order – 4 – G.R. Nos. 199034 & 199046
November 15, 2011
NOW, THEREFORE, effective immediately and continuing until
further orders from this Court, You, Respondents, your agents,
representatives, or persons acting in your place or stead, are hereby
ENJOINED from enforcing or implementing DOJ Department Circular No. 41 and Watchlist Order Nos. ASM-11-237 dated August 9, 2011, 2011-422 dated September 6, 2011 and 2011-573 dated October 27, 2011.
GIVEN by the Supreme Court of thePhilippines, this 15th day of
November 2011.
ENRIQUETA E. VIDAL
Clerk of Court
By:
FELIPA B. ANAMA
Deputy Clerk of Court En Banc
Copy furnished:
Attys. ESTELITO P. MENDOZA, IVY D. PATDU and
HYACINTH E. RAFAEL
Law Office of Estelito P. Mendoza & Associates
Counsel for Petitioner in G.R. No. 199034
4thFloorDynavisionBuilding
108 Rada St.,LegaspiVillage
MakatiCity
Attys. ANACLETO M. DIAZ, MARIA ROSARIO Z.
DELROSARIO, CHRISTIAN B. DIAZ and
ANALENE V. BALISONG
Law Firm of Diaz Del Rosario & Associates
Co-counsel for Petitioner in G.R. No. 199034
6th Floor Padilla Bldg.
F. Ortigas, Jr. Road(formerlyEmerald Avenue)
OrtigasCenter,PasigCity
Attys. FERDINAND S. TOPACIO and JOSELITO O.
LOMANGAYA
Topacio Law Office
Counsel for Petitioner in G.R. No. 199046
Suite107SkywayTwinTowers
H. Javier Street,OrtigasCenter
PasigCity
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St.,LegaspiVillage
MakatiCity