SC affirms hold departure orders vs Gwen Garcia

THE Supreme Court (SC) has affirmed the Sandiganbayan’s decision barring Rep. Gwen Garcia (Cebu, 3rd district) from leaving the country without the anti-graft court’s permission.

Three hold departure orders (HDOs) were issued against Garcia on July 24, 2012 over the graft and technical malversation charges filed by the Office of the Ombudsman (OMB) against her in relation to the Provincial Government’s purchase of the 24.9-hectare Balili property in 2008 when she was still governor.

Garcia said the SC decision had no weight to the merit of the graft and technical malversation cases filed against her.

“The HDO was already issued by the Sandiganbayan way back in 2012. We then questioned its constitutionality before the SC, given the fact that it is every Filipino’s constitutional right to travel. Apparently, the SC has upheld the Sandiganbayan’s right to issue an HDO against anyone with a case pending before it,” she said in a text message sent to Superbalita Cebu.

The three HDOs were signed by Associate Justice Teresita Diaz-Baldos, the Sandiganbayan Second Division’s chairman, and Associate Justices Napoleon Inoturan and Oscar Herrera Jr.

Garcia, who is running for governor in May, filed a petition before the SC after the Sandiganbayan’s decision, saying the HDOs were issued prematurely.

Lacking merit

She said these were issued before she was able to exhaust her legal remedies and even before there was a final determination of probable cause against her.

But the SC, in its decision signed by Associate Justice Andres Reyes Jr. and concurred by Senior Associate Justice Antonio Carpio, said Garcia’s argument lacked merit.

It said the Sandiganbayan did not commit abuse of discretion, much less grave, in denying the motion for reconsideration and the prayer for the lifting of the HDOs issued against Garcia.

“The HDOs were validly issued pursuant to inherent powers as a court of justice,” it said.

The SC also said there was also no denial of due process “since the petitioner was not precluded from filing a motion for reconsideration of the resolution of the OMB.”

“In addition, the resolution of her motion for reconsideration before the OMB and the conduct of the proceedings before the Sandiganbayan may proceed concurrently,” it added.

Aside from the HDOs, Garcia and seven other personalities—former Provincial Board member Juan Bolo, former provincial assessor Anthony Sususco, Provincial Treasurer Roy Salubre, Provincial Engineer Eulogio Pelayre, Provincial Budget Officer Emmer Gingoyon, and Amparo and Romeo Balili—were also charged with one count of graft each over the anomalous purchase of the Balili property.

A portion of the Balili property was found to be submerged in seawater. (LMY, SunStar Philippines with SCG of SuperBalita Cebu)