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Foreign Affairs, amending her Travel Authority to include travel to Singapore,
Spain and Italy;
3. Affidavit dated October 21, 2011,[21] stating the purpose of travel to
Singapore, Germany and Austria;
4. Medical Abstract dated October 22, 2011,[22] signed by Dr. Roberto
Mirasol (Dr. Mirasol);
5. Medical Abstract dated October 24, 2011,[23] signed by Dr. Mario Ver;
6. Itinerary submitted by the Law Firm of Diaz, Del Rosario and Associates,
detailing the schedule of consultations with doctors in Singapore.
To determine whether GMA's condition necessitates medical attention abroad, the
Medical Abstract prepared by Dr. Mirasol was referred to then Secretary of the
Department of Health, Dr. Enrique Ona (Dr. Ona) for his expert opinion as the chief
government physician. On October 28, 2011, Dr. Ona, accompanied by then
Chairperson of the Civil Service Commission, Francisco Duque, visited GMA at her
residence in La Vista Subdivision, Quezon City. Also present at the time of the visit
were GMA's attending doctors who explained her medical condition and the surgical
operations conducted on her. After the visit, Dr. Ona noted that "Mrs. Arroyo is
recuperating reasonably well after having undergone a series of three major
operations."[24]
On November 8, 2011, before the resolution of her application for ADO, GMA filed the
present Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court with
Prayer for the Issuance of a TRO and/or Writ of Preliminary Injunction, docketed as
G.R. No. 199034, to annul and set aside DOJ Circular No. 41 and WLOs issued against
her for allegedly being unconstitutional.[25]
A few hours thereafter, Miguel Arroyo filed a separate Petition for Certiorari, and
Prohibition under the same rule, with Prayer for the Issuance of a TRO and/or a Writ of
Preliminary Injunction, likewise assailing the constitutionality of DOJ Circular No. 41
and WLO No. 2011-573. His petition was docketed as G.R. No. 199046.[26]
Also, on November 8, 2011, De Lima issued an Order,[27] denying GMA's application for
an ADO, based on the following grounds:
First, there appears to be discrepancy on the medical condition of the
applicant as stated in her affidavit, on the other hand, and the medical
abstract of the physicians as well as her physician's statements to Secretary
Ona during the latter's October 28, 2011 visit to the Applicant, on the other.
xxxx
Second, based on the medical condition of Secretary Ona, there appears to
be no urgent and immediate medical emergency situation for Applicant to
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