De Lima order to hold Arroyo is it unconstitutional ?

**shadow** · November 18th, 2011 03:29 PM

Yun show cause 10 days pa naman eh...so para maayos na ito, yun decision na lang ng pasay rtc judge iniintay...

Carrot for the pasay judge he will be promoted to CA Kung maglabas ng HDO...

**Monseratto** · November 18th, 2011 03:30 PM

The Pasay RTC is expected to issue a HDO at 4:30pm. GMA flight out is at 5:10pm. It's going to be close. Will FG leave GMA behind?

**jansky** · November 18th, 2011 03:34 PM

Originally Posted by Monseratto

The Pasay RTC is expected to issue a HDO at 4:30pm. GMA flight out is at 5:10pm. It's going to be close. Will FG leave GMA behind?

parang NBA nito last 2 minutes , sino kaya ang clutch player heheh

**Altis6453** · November 18th, 2011 03:35 PM

Originally Posted by wowiesy

assuming kasama sa petition ang HDO (Hold Departure Order).. when should the HDO be acted on by the court? after arraignment? before arraignment? immediately?

sa Raffle, it can be somehow be allegedly manipulated na mapunta sa isang judge na "mas gusto" ng nag file... question is, legally.. and by protocol (Rules of Court<?>), ano ang proseso sa paglabas ng HDO? hearing pa rin ba??

sa kabilang banda, nag file din sila GMA / FG ng petition sa SC to prevail upon lower courts against the filing of any charges related to election sabotage against them... granted na there's a chance na delaying game lang yun... what happens... kung nag rule agad lower court kahit may pending issue na sa SC... will that be again a stalemate between the lower court and the SC?

1. The RTC can't issue an HDO motu propio. The prosecution must file a motion for one to be issued. Ordinarily, you don't wait for the arraignment before asking for an HDO since this would mean that the accused can opt to leave the country before he is brought to court to enter a plea.

2. The raffle is conducted in the office of the Executive Judge of the RTC where the case is pending, and the parties (meaning the prosecution and the accused) may be present when the raffle is done so it will be difficult to "choose" the judge who will hear the case.

3. On GMA and FG's petitions with the SC to prevent filing of a criminal case, I think it'll be dismissed as it is premature. The filing of a criminal case does not equate to their guilt or conviction.

**badsekktor** · November 18th, 2011 03:36 PM

Originally Posted by shadow

Yun lower court na masusunod, dahil ang TRO sa SC eh about yun circular 41 ba yun ng DOJ lang...

yep! kumbaga sa chess eh different game naman...

yun TRO eh para sa WLO ng DOJ while yun HDO eh dahil sa election fraud case..

mukhang planado talaga ang paglipad ng mga Arrovos.... nauna na si mikey kahapon.... mukhang babrasuhin naman ni GMA at FG yun sa kanila ngayon.... mukhang mababawasan ang itlog ni topacio! ouch! :D

**jansky** · November 18th, 2011 03:42 PM

Originally Posted by Altis6453

1. The RTC can't issue an HDO motu propio. The prosecution must file a motion for one to be issued. Ordinarily, you don't wait for the arraignment before asking for an HDO since this would mean that the accused can opt to leave the country before he is brought to court to enter a plea.

2. The raffle is conducted in the office of the Executive Judge of the RTC where the case is pending, and the parties (meaning the prosecution and the accused) may be present when the raffle is done so it will be difficult to "choose" the judge who will hear the case.

3. On GMA and FG's petitions with the SC to prevent filing of a criminal case, I think it'll be dismissed as it is premature. The filing of a criminal case does not equate to their guilt or conviction.

so the only way is issue Warrant of Arrest ? to prevent them from leaving

**Monseratto** · November 18th, 2011 03:42 PM

SolGen Cadiz says the WLO stays since the situation has changed with the filing of the Election Sabotage case at the Pasay RTC. The TRO of the SC is for another case/WLO...

**Monseratto** · November 18th, 2011 03:46 PM

Screw the rules, who follows it anyway in this banana republic. Why don't they just send in a marine battalion and haul them away for immediate execution...