Put her in JAIL or let her TRAVEL!

“Even political allies of President Aquino seem uncomfortable with the decision to deny Mrs. Arroyo her rights. Sen. Francis “Chiz” Escudero, for one, pointed out that if there were a court order issued against Mrs. Arroyo, then he would have no qualms about President Aquino’s decision..."

"In restricting Mrs. Arroyo’s movements and citing the unfiled plunder cases against her, the Aquino government might be perceived as setting a dangerous precedent of treating an accused person as guilty until proven innocent.”

GLORIA MACAPAGAL ARROYO:
Put her in JAIL or let her TRAVEL!

Former President Gloria Arroyo may be facing a heap of accusations, but the government’s move to deny her medical treatment abroad seems more like harassment. Worse, denying Mrs. Arroyo her human and constitutional right to travel, using the very instrument that her political opponents had criticized when she was in power, gives the Aquino government a cruel and vindictive image.

Truth be told, the Aquino government only has itself to blame for this impasse–an unwanted distraction when the national attention should be focused on the economy and on making citizens safe from “lawless elements.” Apparently, President Benigno “Noynoy” Aquino 3rd is bent on prosecuting his predecessor and her husband and jailing them by Christmastime, a goal announced earlier by officials. However, the government—including the Department of Justice and the Office of the Ombudsman—is moving too slow.

Mrs. Aquino, who is now a congresswoman, faces six plunder cases, but she has yet to be arraigned for a single charge. The authorities are still conducting preliminary investigations—never mind that the earliest plunder charge against Mrs. Arroyo was submitted nearly a year ago.

The Justice department either has six weak cases against Mrs. Arroyo or it and the Palace are just using the charges to stoke the anti-Arroyo public sentiment to keep on reaping popularity points.

Conchita Carpio Morales, meanwhile, does not seem keen to keep her promise to “hit the ground running” when she became the Ombudsman. If she is indeed working hard, why has she not made any progress?

Even political allies of President Aquino seem uncomfortable with the decision to deny Mrs. Arroyo her rights. Sen. Francis “Chiz” Escudero, for one, pointed out that if there were a court order issued against Mrs. Arroyo, then he would have no qualms about President Aquino’s decision.

Mrs. Arroyo may have lots of plunder allegations to address and a shortage of credibility, but that is not the point. The Aquino government’s actions have spawned an unwanted Constitutional crisis. In denying the former president’s request to leave, Justice Sec. Leila de Lima cited “national interests” as a justification. Mrs. Arroyo’s camp, however, is arguing that the 1987 Constitution guarantees a person’s right to travel, and the three exemptions to that proviso do not include “national interests.” The issue is now up to the Supreme Court to decide.

As we see it, there is another legal issue. In restricting Mrs. Arroyo’s movements and citing the unfiled plunder cases against her, the Aquino government might be perceived as setting a dangerous precedent of treating an accused person as guilty until proven innocent. The just and correct principle is that any person accused of a crime is considered innocent—until proven guilty in a court of law. A court should judge her guilty or innocent, not public opinion.

With due respect to the legal eagles at the Justice department and at the Palace, mere suspicions of a person’s guilt have no bearing whatsoever. Besides, Sec. de Lima and the Ombudsman should be put on the hot seat. If they feel so sure about the guilt of Mrs. Arroyo, why is it taking them so long to file cases against her in the Sandiganbayan and the criminal courts.

Patient’s rights

Also, denying Mrs. Arroyo from leaving violates her human rights as a patient. The medical profession respects the right of every patient to seek treatment from any physician whom he or she trusts. The authorities and experts—including Health Sec. Enrique Ona and the Philippine Medical Association (PMA)—may disagree with Mrs. Arroyo’s prognosis and distrust of the capabilities of Filipino doctors. But the simple fact is, they are not the attending physicians of the former president.

Her doctors believe that she would benefit from treatment abroad. And if the government and the medical association have problems with that, perhaps their proper course of action is to question the competence of Mrs. Arroyo’s doctors at Saint Luke’s Medical Center, one of the top hospitals in the country.

The opinions, particularly those issued by the Philippine Medical Association, only complicate the issue. The association acknowledges patient’s rights, but it claims to be stung by the statements of the Arroyo camp that the medical treatment it seeks is not available here—as if the country’s doctors and hospital facilities were lacking. And that, according to the association, hurts the country medical tourism campaign. The medical association should stick to medicine and stop playing politics.

The PMA’s opinions are meaningless. What carries weight is the question of law—is there a court order preventing Mrs. Arroyo from leaving? There is none. But if President Aquino and Sec. de Lima feel strongly about Mrs. Arroyo’s guilt, then they should file a case against her now.

Another question that matters is—what do the doctors of Mrs. Arroyo recommend for her, and whom does she trust to minister those services to her? Obviously, the answers are not to be found in the Philippines.

And if she does not return?

We concede that the popular concern is neither legal nor about patient’s rights. Rather, people are asking—what if Mrs. Arroyo does not return when the plunder cases go to trial? As mentioned repeatedly, the Aquino government only has itself to blame for taking a year to conduct a preliminary investigation. It alone holds the key to its problems, and that is to bring at least one plunder case to court immediately.

The Arroyo camp insists that the former president is not a flight risk, but few can deny that the former president lacks credibility. Unfortunately for the government, credibility is not the issue. And unfortunately for the government, its actions cannot be justified by the need to maintain its popularity. We are supposed to be a country of laws, not of mob justice. And so in the absence of a legal basis to restrain her, the government should allow her to leave for medical treatment abroad.

(Manila Times)