The election lawyer of former President and now Pampanga Rep. Gloria Macapagal-Arroyo on Saturday called on the Supreme Court to rule on the validity of a circular that gave the secretary of the Department of Justice (DOJ) the power to place persons on the hold departure or travel watch list.
Arroyo鈥檚 husband, Jose Miguel 鈥淢ike鈥� Arroyo, earlier questioned a DOJ order that placed him on the watch list after witnesses in a Senate inquiry linked him to the controversial purchase of second-hand helicopters by the Philippine National Police.
In a ruling last week, the high court dismissed Mike鈥檚 petition for being 鈥渕oot and academic鈥� after the Senate indicated it would no longer invite him to testify.
But for lawyer Romulo Macalintal, the 鈥渜uestion over the legality鈥� of the DOJ circular must still be resolved since the department could use it 鈥渁gain鈥� against Mike Arroyo.
鈥淭here is that useful purpose of resolving the said issue in the Arroyo petition for future guidance by lawyers and the courts and to avoid the so-called 鈥榬oot or branch that may bear the seeds of future litigations,鈥� 鈥� Macalintal said.
鈥淲hile there is that rule that courts may decline jurisdiction over moot cases, such rule is not absolute as decided by the Supreme Court,鈥� the lawyer argued.
Macalintal cited a recent case, Villando vs the House of Representatives Electoral Tribunal, which he said the Supreme Court decided on Aug. 23 even if it was already moot 鈥渙n the grounds that the issue raised in the case is capable of repetition yet evading review.鈥�