Ex-Pagcor execs seek lifting of hold departure order against them

MANILA, Philippines - The hold departure order (HDO) issued by the Department of Justice (DOJ) against former Philippine Amusements and Gaming Corp. (Pagcor) officials in connection with a string of graft and corruption charges was questioned before the Supreme Court (SC) yesterday.

Emilio Marcelo, treasurer of Batang Iwas Droga (BIDA) foundation who is among the 23 respondents included in the HDO issued by DOJ last week, asked the high court to issue a temporary restraining order to stop the Bureau of Immigration (BI) from implementing the HDO.

In a 22-page petition filed through lawyer Arturo De Castro, Marcelo argued that the HDO violated his right to travel under section 6, Article III of the Constitution.

“The exceptions provided in the Constitution – interest of national security, public safety or public health as may be provided by law – does not apply to the petitioner, because until now, there is no law enacted to implement said exceptions, and, in any case, there is no showing that the petitioner falls under any of said exceptions,” he pointed out.

He also stressed that the DOJ has no power to issue such an order, citing earlier ruling of the court in Buehs vs. Batacan: “It is settled that only a court of law, the regional trial court, not even a municipal trial court, may lawfully issue a hold departure order, and only in a pending criminal case at that.”

Petitioner also asked the high tribunal to stop the DOJ from further investigating the criminal charges against him and others “for lack of jurisdiction, impartiality and independence.”