Justice Secretary Leila De Lima has expressed apprehension that allowing former President Gloria Macapagal Arroyo house arrest may be perceived by the public as according her "special treatment."

De Lima was reacting to a motion to have the now Pampanga congresswoman placed under house arrest. The motion was lodged by the Arroyo camp before the Pasay trial court (RTC) hearing the electoral sabotage case against her.

The justice chief said there are other options available for Mrs. Arroyo's detention which include a continuation of her hospital arrest, but this time, in a government or public hospital, and detention at an "appropriate jail facility."

The decision, however, De Lima stressed, rests with Pasay RTC Branch 112 Judge Jesus Mupas.

"Kung yung house arrest kasi... mahirap din kasing may perception of special treatment dahil former president. Hindi ba pwedeng sa isang facility na nandyan naman yung mga amenities comfortable enough for her rather than house arrest?" De Lima said.

"Otherwise, magiging kwestyunable yan sa mata ng publiko," she added.

An "implied admission" of "improving health"

The Arroyo camp's move to have the former chief executive under house arrest is no less but an an "implied admission" that her condition is "improving," De Lima said.

This is consistent with the medical abstracts submitted by the Arroyo camp when it earlier sought an allow departure order (ADO) from her, she added.

"To me that's an implied admission na talagang nag-i-improve na yung health condition ng [former] presidente kasi dun pa nga lang sa medical abstracts yun na nga ang naging finding ko o conclusion ko na walang nakasabi sa medical abstract na malala yung kondisyon ng former president nung humingi sya ng ADO kaya dineny ko," De Lima said.

She bared having received reports that Mrs. Arroyo's physicians are being "harassed" by the Arroyo camp, but refused to give details.

Doctor-patient privilege not violated

The justice chief defended the Commission on Election's (Comelec) move to have Mrs. Arroyo's doctors summoned before the trial court to determine if Mrs. Arroyo's continued hospital arrest was necessary.

The prosecution's motion was granted by the court. Arroyo's main attending physician Dr. Juliet Gopez-Cervantes, endocrinologist Dr. Roberto Mirasol, and orthopedic surgeon Dr. Mario Ver -- all of them practicing at St. Luke's Medical Center in Bonifacio, Taguig -- arrived at the Pasay City RTC this morning but only Ver was able to address the court.

Ver described Mrs. Arroyo as "fit" and may be treated as an "outpatient," meaning, her presence at a hospital facility is only needed during treatment after which she may go home.

De Lima said that the Comelec's move to have the doctors testify before the trial court was not a violation of the doctor-patient privilege as invoked by the defense.

"If the medical condition is something that's very material and central to a particular issue before a court, then that should be disclosed. Ang doctor-patient privilege is not absolute and... may qualification sa Rules of Court.

"It applies the confidentiality rule... in civil cases so if the information that will be provided by the doctors would tend to black the reputation of the patient... kung ang sakit niya mismo ay ganoon ang effect like, for example, sexually-transmitted diseases... pwedeng covered yun ng privilege," De Lima said.

"Pero eto, why do we want the doctors to testify? To know exactly what is her health condition. Kasi kung i-confirm ng doctors na [hindi naman talaga] life threatening, kung kaya wala na namang grabeng sakit yan, so what does that prove? That they've been lying and that's not what is contemplated in the Rules," she added.

The justice chief further said that getting to the bottom of Mrs. Arroyo's "true medical condition" is a matter of "public interest."

Mrs. Arroyo's lawyers, however, maintained that the doctors' testimony before the trial court was rendered "moot" by their motion for her house arrest.

The Department of Justice (DOJ) also lodged a formal pleading before the Supreme Court (SC) to have Mrs. Arroyo's doctors summoned in connection with petitions filed by Mrs. Arroyo and her husband, Mike, questioning the legality of watch list orders (WLO) issued against them.

The high court will tackle the DOJ's request in its next en banc session on Tuesday.

Chief Justice Renato Corona told De Lima in open court, during Thursday's oral arguments on the Arroyo petitions, that if the high tribunal grants the DOJ's request, Mrs. Arroyo's doctors will be asked to appear in next Thursday's continuation of the oral arguments.

De Lima is also set to argue before the high tribunal the same day to defend her denial of Mrs. Arroyo's application for an allow departure order (ADO) to seek medical treatment abroad.

Mrs. Arroyo suffers from cervical spine problems, hypoparathyroidism and mineral bone deficiency.