Sandigan bars travel for Gwen

CEBU, Philippines - The Sandiganbayan issued hold departure orders (HDOs) against Cebu Governor Gwendolyn Garcia and seven others who are accused in the graft and technical malversation case filed last month.

The anti-graft court’s second division issued the orders barring Garcia and the other accused from leaving the country without clearance from the court and to put their names in the hold departure list of the Bureau of Immigration.

Rappler.com report said that Associate Justices Tere-sita V. Diaz-Baldos, the second division’s chairman, signed the three HDOs dated July 24 concurred by Associate Justices Napoleon Inoturan and Oscar Herrera Jr.

Also the co-accused

The anti-graft court also issued an HDO against her co-accused who were charged with one count of graft each.

They are former provincial board member Juan Bolo; Engr. Anthony Sususco, former Cebu Provincial Appraisal Committee (CPAC) chairman and provincial assessor; provincial treasurer Roy Salubre and provincial engineer Eulogio Pelayre, former CPAC members; budget officer Emme Gingoyon; and private individuals Amparo and Romeo Balili.

 The governor and her co-accused would need to file a motion to travel before the Sandiganbayan if they intend to leave the country.

Expected

“With the filing of the informations against Governor Garcia, the issuance of Hold Departure Orders is a matter of course,” said her daughter and counsel Christina Garcia-Frasco.

Frasco told The FREEMAN that this is a standard operating procedure and they had expected such. She pointed out that this does not affect the merits of the governor’s defense.

“At any rate, the San-diganbayan has issued an order suspending the proceedings against Gov. Garcia given the pendency of her motion for reconsideration with the Ombudsman,” Frasco said.

Frasco noted that motion for reconsideration filed before the Ombudsman questions the validity of the informations, as well as the finding of probable cause.

She said that they have presented evidence and arguments in their motion, which if objectively reviewed and appreciated, will constitute sufficient grounds to reverse the findings by the Ombudsman.

“Thus, the Sandiganbayan has suspended the proceedings to give the Ombudsman an opportunity to resolve our MR,” Frasco said.

Will respect order

For the meantime, Frasco said that assuming the HDO was validly issued, they will respect it.

“As far as the governor’s intended travels, if any, we shall ask for leave of court to allow her to travel,” Frasco added.

Garcia is running for senator in 2013 under Vice President Jejomar Binay’s United Nationalist Alliance (UNA). 

Garcia recently joined Binay’s Partido Demokratiko Pilipino-Lakas ng Bayan, a coalition partner of UNA.

Garcia faces two counts of graft and one count of technical malversation in a case that was filed by the Office of the Ombudsman on July 19.

The case stemmed from provincial government’s allegedly anomalous purchase of the Balili property in Tinaan, Naga City, which Garcia approved the purchase in 2008. The property was bought for P98.9 million.

The Ombudsman and the Department of Environment and Natural Resources discovered that 19.67 hectares of the 24.92-hectare property is under seawater.

Garcia earlier denied the charges against her, saying the case is politically motivated, possibly political harassment.

UNA backed Garcia’s claim, saying this “political harassment” is reminiscent of the Arroyo administration. The alliance is running against the administration coalition of President Benig-no Aquino III. — /NLQ - THE FREEMAN