DOJ circular that allowed De Lima to stop Arroyo from leaving country in 2011 unconstitutional —SC

The Supreme Court has unanimously declared unconstitutional the circular of the Department of Justice (DOJ) that grants the Secretary of Justice the authority to issue watch list orders (WLO).

DOJ Circular No. 41 has been deemed unconstitutional "for being violative of the right to travel under Article III, section 6 of the 1987 Constitution," said SC Public Information Office chief Theodore Te on Tuesday afternoon.

"As a consequence, all issuances released pursuant to said DOJ Department Circular are null and void," he added.

DOJ Circular No. 41 was invoked by then-DOJ chief and now Senator Leila de Lima when she stopped former President Gloria Macapagal Arroyo's flight in November 2011.

"The Court, in interpreting Article III, Section 6, determined that there was no legal basis for Department Circular No. 41 because of the absence of a law authorizing the Secretary of Justice to issue Hold Departure Orders (HDO), Watch List Orders (WLO), or Allow Departure Orders (ADO)," said Te.

Associate Justice Alfredo Benjamin Caguioa took no part in the decision, while Acting Chief Justice Antonio Carpio and Associate Justice Marvic Leonen wrote separate concurring opinions.

Arroyo, now Pampanga representative, had challenged De Lima's WLOs against her, which were made through the authority granted by the circular, which gave the Justice secretary the power to issue WLOs against respondents in criminal cases.

Arroyo and husband Jose Miguel had tried to leave the country to seek medical treatment for her bone mineral disorder, but was prevented by Immigration officials upon orders from De Lima, who defied an SC-issued temporary restraining order against the implementation of the DOJ's WLO.

Arroyo was then facing wide-ranging allegations of corruption and vote-rigging allegedly perpetrated while she was in power.

In August 2011, then-Philippine Amusement and Gaming Corporation chair Efraim Genuino also asked the SC to strike down the HDO against him for violating his and his two children's rights to due process.

The three Genuinos were then facing plunder charges as well as graft and malversation complaints before the DOJ.

DOJ Circular No. 41 was issued on May 25, 2010 by then-Acting Justice chief Alberto Agra. It provides the conditions under which a sitting Secretary of Justice may issue WLOs, HDOs, or ADOs against accused individuals. —KBK, GMA News