DISSENTING OPINION
SERENO,
J.:
I.
THE FACTS
[Late last
Tuesday, November 15, 2011, the Supreme issued an “immediately executory”
Temporary Restraining Order (TRO) enjoining the implementation of DOJ
Department Circular No. 41 and Watchlist Order and thereby allowing the petitioners Arroyo spouses to leave the Philippines after complying with
the conditions in the Resolution. The respondent Secretary of Justice Leila De
Lime however prevented the Arroyos from leaving.
The government,
through the Office of the Solicitor General, immediately filed a “Consolidated Urgent Motion
for Reconsideration and/or to Lift Temporary Restraining Order”. Petitioner
Gloria Macapagal Arroyo also filed an “Urgent Motion for Respondents to
Cease and Desist from Preventing Petitioner GMA from Leaving the Country.” She also
moved to cite the Respondent Secretary of Justice in contempt for failure to
comply with the TRO.
On November
18, 2011, the Court conducted a special en banc session to tackle the pending
incidents of the consolidated cases.]
