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