CEBU, Philippines — Sandiganbayan has allowed Danao City, Cebu Mayor Ramonito Durano III to travel abroad as part of the official delegation of Governor Hilario Davide III.
The officials are set to fly today to China for a five-day bilateral event.
Durano is facing a violation of Section 67 of Book V, Executive Order No. 292 Administrative Code of 1987 before the Sandiganbayan over alleged non-payments of back wages and other benefits of Danao City Hall employees despite the order of the Civil Service Commission Regional Office (CSCRO)-7.
Associate Justice Rafael Lagos, chairperson of Sandiganbayan fifth division, and two other associate justices granted Durano’s motion for leave to travel from September 7 to 12, 2018.
“Accordingly, and over the objection of the prosecution, the instant motion is granted, subject to the usual terms and conditions, to wit: That accused-movant’s approved travel shall be from September 07 to 12, 2018 only,” read the resolution.
The Sandiganbayan said if Durano failed to return as undertaken, his right to be present in the hearings/trial of his case shall be deemed as waiver and trial will proceed as scheduled in his absence.
Durano filed his motion on July 23, 2018.
During the July 13 hearing, Prosecutor Ryan Rey Quilala moved for the outright dismissal of the motion on the ground that Durano failed to appear in court.
Lawyer Guiller Ceniza, however, argued that he has a special power of attorney (SPA) executed by Durano in his favor to represent him in the proceedings of the case.
In fact, he said Durano had been previously allowed to travel abroad. Durano’s travel bond has yet to be withdrawn in court.
Ceniza further said his client should be allowed to travel abroad because neither Durano nor the issue involved in the case pose a threat to the national security and the mayor has the right to travel.
The Sandiganbayan agreed, saying the right to travel was Durano’s constitutional right, which cannot be impaired except in cases provided for, and considering he had been previously granted travel abroad.
The motion was granted with the condition that Durano will only travel to Fujian, China.
Durano’s P30,000 previous bond shall continue to guarantee his compliance with the conditions imposed.
If failed to return, his bond will be forfeited, as well as to cause the issuance of an arrest warrant.
Within five days after his return, Durano shall advised the court of his arrival personally and formally in writing with photocopy of his passport upon which the stamp of arrival of the Bureau of Immigration and Deportation is affixed, the photocopy to be authenticated by the Clerk of Court after comparison with the original thereof.
Moreover, 20 Cebu delegates, including Investment Officer Floreza Alpuerto, Mandaue Vice Mayor Carlo Fortuna, Durano and Davide, will meet the officials of Fujian province to continue the talks on fostering a sister city relationship with the later.
Davide said the bilateral relations are seen to yield partnerships for investment.
Both provinces are expected to sign a memorandum of agreement in time for the China International Fair for Investment and Trade (CIFIT) on September 8 in Xiamen City, Fujian.
“CIFIT carries out China's latest national development agenda, implementing strategies for coordinated development of regional economies, and promoting bilateral and multilateral economic exchanges and partnerships. CIFIT is poised to become the world's most prestigious international investment exposition,” read the event’s official website.
CIFIT is China’s only international investment promotion event aimed at facilitating bilateral investment. (FREEMAN)