ShareThisMANILA – Former Philippine Amusement and Gaming Corp. (PAGCOR) chairman Efraim Genuino has filed a petition before the Supreme Court (SC) seeking to stop the implementation of the hold departure order (HDO) the Department of Justice (DOJ) issued against him and his children Erwin and Sheryl Genuino-See.
In a 27-page petition for certiorari and prohibition, the Genuinos also asked that the SC declare as null and void DOJ Circular No. 041-10 for being unconstitutional as it violates the people’s right to due process.
Erwin ran but lost for the mayoralty race in Makati City and Sheryl ran but lost as representative of Batang Iwas Droga (BIDA) party-list during the May 2010 elections.
The DOJ Circular issued on June 7, 2010 was the consolidated rules and regulations governing the issuances and implementing of HDOs, watchlist orders (WLOs), and allow departure orders.
Among others, the circular allows the Secretary of Justice to issue HDO “against any person, either motu proprio, or upon the request by the Head of a Department of the Government; the head of a constitutional body or commission; the Chief Justice of the Supreme Court for the Judiciary; the Senate President or the House Speaker for the Legislature, when the adverse party is the Government or any of its agencies or instrumentalities, or in the interest of national security, public safety or public health.”
In their petition, Genuino said that the circular “is an exercise of arbitrary power, enforcing its edicts to the injury of the persons and property of the citizens. This cannot be considered as valid law.”
“It is respectfully submitted that Circular No. 041-10 is a tool for abuse as an HDO can be issued by the mere filing of a criminal complaint even in the absence of a finding of probable cause or a showing that there exists a threat to national security, public health or public safety,” Genuino said.
On their case, Genuino said that they were not informed that an application for an HDO was filed against them neither were they given an opportunity to be heard.
The Genuinos and several others were included by the Bureau of Immigration (BI) in its hold departure order list after several complaints have been filed against them before the DOJ.
The BI is an attached agency of the DOJ.
Genuino is facing a string of plunder cases before the DOJ, the first was in connection with the illegal disbursement of about P26.7 million funds for the production of the 2008 movie “Baler”.
The second plunder case was about the alleged anomalous release of funding assistance worth P34 million to the Philippine Amateur Swimming Association, Inc. (PASA) beginning 2007.
The third plunder case was about the alleged misappropriation of some P186 million questionable transactions benefited BIDA Foundation and other entities from 2003 to 2010.
The last was malversation case for the alleged use of rice donations to typhoon victims in electioneering activities in 2010.