SC junks DOJ bid to summon docs

MANILA, Philippines - The Supreme Court (SC) junked yesterday the request of the Department of Justice (DOJ) to compel the doctors of Pampanga Rep. Gloria Macapagal-Arroyo to reveal her real health condition in tomorrow’s hearing on the legality of the travel ban on the former president.

The 15 justices voted unanimously to dismiss the urgent motion of Justice Secretary Leila de Lima “because the doctors have already appeared before the RTC (regional trial court in Pasay) hearing the case of the former president,” SC spokesman Midas Marquez said in a press conference.

With this, the high court gave De Lima until 5 p.m. yesterday to manifest before the court whether she would still take her turn in explaining tomorrow her watchlist order (WLO) on Arroyo even without the doctors. De Lima, later in the afternoon, said she would attend the hearing.

Last week De Lima asked the SC, through the Office of the Solicitor General, to subpoena Arroyo’s doctors from St. Luke’s Medical Center – Mario Ver, Juliet Gopez-Cervantes, and Roberto Mirasol.

The DOJ chief said she wanted the doctors themselves to set the record straight on Arroyo’s health.

But Arroyo’s lawyers Estelito Mendoza and Anacleto Diaz argued that the testimonies of the doctors would be irrelevant in establishing the constitutionality of Circular No. 41 used as basis by the DOJ in issuing the WLO on the former president.

Arroyo’s counsels stressed that the SC is not a trier of facts, meaning it cannot resolve questions of facts and evidence that are generally left to trial courts and the Court of Appeals to settle.

Also yesterday, the high court clarified that its Nov. 15 temporary restraining order on the WLO was in effect even if petitioner Arroyo had not complied with all three conditions set for the issuance of the TRO.

In issuing the TRO, the high court required Arroyo to post a cash bond of P2 million and to appoint a lawyer who would receive subpoenas and other legal documents related to the investigation into her alleged role in election cheating in 2007. The third condition required her to inform the Philippine embassy or consulate immediately of her arrival in a country where she would supposedly seek treatment for her bone ailment. Of the three conditions, only the posting of cash bond was met.

“The court moves to clarify that the TRO was not suspended even with the findings that there was no full compliance with the conditions set for the TRO,” Marquez told reporters.

Nine justices debunked the position reportedly taken by Associate Justice Ma. Lourdes Sereno that the TRO should not have been implemented immediately ahead of Arroyo’s full compliance with the requirements.

“There was some sort of confusion whether TRO was in effect pending full compliance. The court sought to clarify that last week, but the resolution had to be withheld because the court was not in session. So this morning, the court already decided to put it to a vote,” Marquez revealed.   

RTC appearance

But while the SC sees no need to invite Arroyo’s doctors, the Pasay City RTC wants to hear more – at least from one of them.

Court sheriff Rodelio Buenviaje said the subpoena for Dr. Gopez-Cervantes was meant to help the court determine if there is justification for the request of Arroyo’s lawyers to extend her stay at SLMC.

The court said Cervantes should attend today’s hearing and bring with her “relevant medical records” regarding Arroyo’s “colitis.” The medical records should include Arroyo’s stool examination result/fecal analysis conducted on Nov. 26, results of colonoscopy taken on Nov. 13 and 27, a chart showing the history of medications and medical procedures administered and being administered on Arroyo from Nov. 13.

SLMC vice president for customer affairs Marilen Lagniton received the subpoena. Buenviaje said Lagniton told him that Arroyo’s other doctors might also show up at the hearing.

Lagniton, Buenviaje said, also requested for “easy access” for Cervantes to prevent her from being mobbed again by the media.

“Definitely the vice president (Lagniton) told me they will not be giving (media) interviews… As far as the court is concerned they should answer whatever is being asked of them because whatever they say is under oath,” Buenviaje said.

Sought for comment over the phone, Lagniton said Arroyo’s case is already in the court “that’s why we have not given any statement about any issue.”

Arroyo, 64, complained of diarrhea a few days after immigration personnel stopped her from boarding a plane bound for Hong Kong last Nov. 15.

Last Friday at the sala of Pasay City Judge Jesus Mupas, Cervantes was prevented by Arroyo’s lawyer Jose Flaminiano from testifying, saying his client was entitled to patient-doctor confidentiality.

Flaminiano added that the testimony of Cervantes would be irrelevant because Arroyo was already pushing for house arrest and no longer hospital arrest.  

It was Ver, meanwhile, who told the court that Arroyo was already “medically fit” to leave the hospital, prompting the government to move for Arroyo’s detention in a local jail facility, preferably at the Southern Police District.

In a medical bulletin issued by Cervantes last Monday and distributed by Arroyo’s chief of staff Elena Bautista-Horn yesterday, the doctor said “there has been a recurrence of diarrhea since the afternoon of Nov. 25, 2011, accompanied by crampy abdominal pain.”

Pus cells were also found in Arroyo’s stool examination last Nov. 26, while a colonoscopy done on her on Nov. 27 showed “progression of colitis.” – Aie Balagtas-See