MANILA, Philippines鈥擠on鈥檛 be choosy about which court orders to follow.
A lawyer and a high official of the Integrated Bar of the Philippines reminded the government鈥檚 executive branch to be consistent and not selective in following court directives in the light of the events leading to the arrest of former president Gloria Macapagal-Arroyo.
IBP executive director for operations聽 Jose Cabrera called on Justice Secretary Leila de Lima at a news forum on Saturday to set a good example 鈥渢o those who do not know the law鈥� following her 鈥渄efiance鈥� of the Supreme Court.
He pointed out that De Lima, as secretary of the Department of Justice, was聽 鈥渁 symbol of the law鈥� in the executive branch and that the DOJ should support the Supreme Court and not weaken it by defiance.
鈥淭he executive branch must be very consistent in carrying out the orders of the court. It must not choose which orders to follow,鈥� Cabrera said.
According to Cabrera, the DOJ should not have defied the Supreme Court鈥檚 temporary restraining order against De Lima鈥檚 watchlist order barring Arroyo from leaving the country.
He noted while the DOJ continued to implement the watchlist despite the TRO, the police, also part of the executive branch, dutifully served an arrest warrant right after it was issued by a lower court.
鈥淭he courts should be followed, from the lower courts up to the Supreme Court. And after the Supreme Court, there is no higher power,鈥� the lawyer added.
He said the TRO and the arrest warrant concerning Arroyo鈥檚 case are two different issues independent from one another although both should be complied with.
Arroyo was placed under arrest on Friday evening after she was slapped with a charge of electoral sabotage in a Pasay City court on Friday.
Judge Jesus Mupas of the Pasay City Regional Trial Court鈥檚聽 Branch 112 issued an arrest warrant for Arroyo, former election official Lintang Bedol and former Maguindanao governor Andal Ampatuan Sr. on Friday afternoon.
According to Cabrera, the rule of law must prevail and that the executive branch should not weaken the Supreme Court with its 鈥渙pen defiance.鈥�
鈥淚f the executive branch defies the high court, it is a defiance of the fundamentals of democracy. Everybody suffers,鈥� the lawyer said as he called for the adherence to law and the Constitution.
He added: 鈥淎s long as there is the rule, we must follow it鈥�. We cannot follow the rule of public opinion.鈥�
The lawyer said he has no problem with prosecuting those who are criminally charged but noted that the TRO was issued before charges were actually filed against Arroyo.
With the issuance of the arrest warrant and Arroyo鈥檚 arrest, the former President has now been placed under court jurisdiction, Cabrera explained.
On the other hand, the justice secretary鈥檚 actions can be also construed as having been made 鈥渋n good faith.鈥�
鈥淭hey could say there was no intention to ridicule the court and that the actions were made in good faith to protect the interest of the state,鈥� Cabrera replied when asked what arguments the justice secretary could raise in the face of a looming contempt charge.
The lawer added: 鈥淭hey could also point out that while an error may have been possibly committed, they only wanted to protect the interest of the state in holding those liable (for the case).鈥�
Asked to comment on allegations that the Arroyo camp did not fulfill all the conditions set in the TRO, Cabrera said: 鈥淚t should be the Supreme Court to determine if there was compliance.鈥�