MANILA, Philippines - The Court of Appeals (CA) has junked a bid to prevent Joel Mendez, an aesthetic surgeon to celebrities, from leaving the country after his conviction for estafa.
In a decision released recently, the CA’s Ninth Division denied the motion of complainants Digichive Philippines and Total Data Central Solutions Inc. for the issuance of a hold departure order (HDO) against Mendez, who they claimed is a flight risk.
The complainants alleged that the surgeon plans to evade imprisonment and the civil liabilities in the case.
Mendez was found guilty of estafa, sentenced to suffer six to 12 years in prison and ordered to pay the complainants P3.4 million. He has appealed his case before the CA.
Associate Justice Amy Lazaro-Javier, who penned the ruling, said there is no need to issue the HDO as Mendez swore to seek court permission whenever he would leave the country, pending the appeal of his conviction by a lower court.
“The Division clerk of court is required to furnish copies of the resolution to the Bureau of Immigration and the Department of Foreign Affairs for the purpose of ensuring that the requisite permission from the appropriate court be presented each time (he) intends to travel abroad,” the ruling read in part.
Associate Justices Celia Librea-Leagogo and Melchor Sadang concurred.
Aside from estafa, Mendez was charged with violating the anti-bouncing checks law before the San Juan City regional trial court.