Rep. Edcel C. Lagman
House Minority Leader
20 November 2011
0916-6406737 / 0918-9120137
LAGMAN: TRO IMMEDIATELY EXECUTORY
PENDING COMPLIANCE WITH SOME CONDITIONS
The conditions prescribed by the Supreme Court did not temporize or suspend the immediate executory character of the temporary restraining order (TRO) allowing the Arroyos to travel because the non-compliance with some conditions within the periods fixed by the Supreme Court would only result in the automatic lifting of the TRO, which meanwhile is effective.
The dispositive portion of the TRO is unequivocal on its being immediately executory upon issuance. It reads in full: “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.”
While the TRO is specifically ordained by the Supreme Court as immediately executory, compliance with the condition on the appointment of a common counsel for the Arroyos to receive the Court’s subpoena, orders and other legal processes is to be satisfied “within five (5) days from notice” of the TRO.
Moreover, the reportorial requirement for the Arroyos to notify the Philippine Embassy or Consulate of their arrival in the countries of their destination would have to be obviously complied with subsequent to their arrival.
The former First Couple immediately complied with the posting of the P2,000,000.00 cash bond.
Verily, the TRO is immediately executory pending the petitioners’ compliance with some of the conditions imposed by the Supreme Court.