DISSENTING OPINION, J. Sereno

The Rules of Court and Jurisprudence prescribe very stringent requirements before a Temporary Restraining Order can be issued. Among these is the requirement that the Temporary Restraining Order "may be granted only when: (a) application or proceeding is verified, and shows facts entitling the applicant to the relief demanded xxx". So strong is the requirement of truthful allegations in the pleadings filed before the Court that many adverse inferences and disciplinary measures can be imposed against a person lying before the Court. This requirement of truthfulness is especially important when a provisional remedy, and more so when the remedy is sought to be granted ex-parte, is under consideration by the Court. When on its face, the material averments of a pleading contain self-contradictions, the least that the Court should do, is consider the other side of the claim. This is the situation with the Petition of the former President Gloria Macapagal-Arroyo. It appears that she has given inconsistent, and probably untruthful statements before this Court.

Petitioner's travel itinerary abroad, for which the instant provisional remedy is being sought, appears not solely for medical reasons as claimed. If there is indeed some medical urgency and necessity for the petitioner to travel abroad, these should logically be limited only to locations where she seeks medical advice from known experts in the field. Why then should there be other countries of destinations that are included in her travel authority but not specifically mentioned for purposes of medical consultations? Contrary to her assertions of urgency and life-threatening health condition, petitioner had expressed her intention to participate in two conferences abroad during her supposed medical tour. It seems incongruous for petitioner who has asked the Department of Justice and this Court to look with humanitarian concern on her precarious state of health, to commit herself to attend these meetings and conferences at the risk of worsening her physical condition.

If she has been shown to be prone to submitting to this Court documents belying her own allegations, this Court must pause, and at the very least, listen to the side of the Government.. (Justice Sereno dissenting, voted to defer the action on the TRO; G.R. No. 199034 and G.R. No. 199046, November 15, 2011).