SECOND DIVISION
[G.R. Nos. 206310-11. March 9, 2016.]
JAIME DICHAVES, petitioner, vs. OFFICE OF THE OMBUDSMAN AND THE SPECIAL DIVISION OF THE SANDIGANBAYAN, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 09 March 2016 which reads as follows:
"G.R. Nos. 206310-11: JAIME DICHAVES v. OFFICE OF THE OMBUDSMAN AND THE SPECIAL DIVISION OF THE SANDIGANBAYAN
On July 17, 2013, the Third Division of this court issued a temporary restraining order 1 enjoining respondents, their agents and assigns, and anyone acting on their behalf from proceeding with the arraignment and trial of petitioner Jaime Dichaves for the crime of plunder under Republic Act No. 7080, effective immediately and continuing until further orders from this court. 2
On August 6, 2014, petitioner filed a Motion to Be Allowed to Travel 3 before this court. In the Resolution dated January 26, 2015, this court granted his Motion, subject to certain conditions. 4
On August 18, 2015, petitioner filed a Motion to be Allowed to Travel to Beijing, Shanghai, Guangzhou, Shenzhen, and Hong Kong for Business Purposes (Second Time) for Fifteen (15) Days. 5 In the Resolution dated September 23, 2015, this court granted his Motion, subject to certain conditions. 6
On March 7, 2016, petitioner filed a Motion to be Allowed to Accompany 89-Year Old Mother Elena Dichaves for a Family Reunion in Hong Kong and Tokyo (3rd Travel Request) for Fifteen (15) Days. In his motion, petitioner stated that his mother, Elena Dichaves, who is eighty-nine (89) years old wants to have a family reunion. The family decided to hold the reunion in Hong Kong and Tokyo, Japan. Petitioner manifested that he and his family will be staying at Conrad Hotel in Hong Kong and Shimbasi-Daichi in Tokyo, Japan.
Petitioner requests that he be allowed to travel for fifteen (15) days to Hong Kong and Tokyo, Japan either on April, May, or June of this year, to attend the family reunion, under the same travel bond which has not yet been withdrawn.
WHEREFORE, this court resolves to GRANT petitioner Jaime Dichaves' Motion. Petitioner Jaime Dichaves is allowed to travel to Hong Kong and Tokyo, Japan for fifteen (15) days, subject to the following conditions:
a. Petitioner shall file a manifestation before the Sandiganbayan Executive Clerk of Court informing the latter of the final departure date from the Philippines, the final arrival date to the Philippines, and all pertinent flight information relating to his travels, including travel information to and from the places indicated in his Motion;
b. Petitioner's travel itinerary shall be limited to the places stated in his Motion;
c. Within five (5) days after his return, petitioner shall proceed to the Sandiganbayan Executive Clerk of Court and present his and his mother Elena Dichaves' passport and photocopies of the pages indicating the stamped exit to and entry of arrival in the Philippines duly authenticated by the Sandiganbayan Executive Clerk of Court after a comparison with the original; and
d. Petitioner's cash bond of P1,000,000.00 posted pursuant to the September 23, 2015 Resolution shall be retained to ensure his return to the Philippines. Petitioner shall file with this Court within five (5) days from notice of this Resolution a certification from the Sandiganbayan Executive Clerk of Court confirming that the cash bond previously posted has not been withdrawn.
Upon petitioner's return, the Sandiganbayan Executive Clerk of Court shall file a report with the Second Division Clerk of Court of this court within fifteen (15) days from the date of petitioner's appearance before it to confirm his compliance with all conditions of this Resolution. The Report shall include petitioner's travel itinerary, the authenticated copies of the passport pages, and other documents submitted in compliance with the conditions stated. ATICcS
SO ORDERED."
(Brion, J., on leave)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 107-108.
2. Id.
3. Id. at 269-271.
4. Id. at 348-352.
a. Petitioner shall file a manifestation with the Sandiganbayan Executive Clerk of Court informing the latter of the final departure date from the Philippines, the final arrival date to the Philippines, and all pertinent flight information relating to his travels, including the flight information to and from the countries indicated in his Motion to Be Allowed to Travel;
b. Petitioner's travel itinerary in the three (3) countries shall be limited to the places indicated in the Motion dated December 9, 2014;
c. Within five (5) days after his return, petitioner shall proceed to the Sandiganbayan Executive Clerk of Court and show the latter his passport and photocopies of the pages indicating the stamped exit to and entry of arrival in the Philippines, duly authenticated by the Sandiganbayan Executive Clerk of Court after a comparison with the original; and
d. Petitioner shall post a cash bond of P500,000.00 within five (5) days from notice of this Resolution to the Sandiganbayan Executive Clerk of Court to ensure his return to the Philippines. Failure to post the bond within five (5) days from notice will result in the denial of petitioner's Motion to Be Allowed to Travel dated December 9, 2014. The Sandiganbayan Executive Clerk of Court shall furnish this court with a report confirming the payment of the cash bond within five (5) days of payment.
Upon petitioner's return, the Sandiganbayan Executive Clerk of Court shall file a report within 15 days from the date of petitioner's appearance before it with the Second Division Clerk of Court confirming petitioner's compliance with all conditions of this Resolution.
5. Id. at 353-357.
6. a. Petitioner shall file a manifestation before the Sandiganbayan Executive Clerk of Court informing the latter of the final departure date from the Philippines, the final arrival date to the Philippines, and all pertinent flight information relating to his travels, including travel information to and from the places indicated in his Motion;
b. Petitioner's travel itinerary shall be limited to the places stated in his Motion;
c. Within five (5) days after his return, petitioner shall proceed to the Sandiganbayan Executive Clerk of Court and present his passport and photocopies of the pages indicating the stamped exit to and entry of arrival in the Philippines, duly authenticated by the Sandiganbayan Executive Clerk of Court after a comparison with the original; and
d. Petitioner shall post a cash bond of P1,000,000.00 within five (5) days from notice of this Resolution to the Sandiganbayan Executive Clerk of Court to ensure his return to the Philippines. Failure to post the bond within five (5) days from notice will result in the denial of petitioner's Motion to be Allowed to Travel to Beijing, Shanghai, Guangzhou, Shenzhen, and Hong Kong for Business Purposes (Second Time) for Fifteen (15) Days. The Sandiganbayan Executive Clerk of Court shall furnish this court with a report confirming payment of the cash bond within five (5) days of payment.
Upon petitioner's return, the Sandiganbayan Executive Clerk of Court shall file a report with the Second Division Clerk of Court within 15 days from the date of petitioner's appearance before it to confirm his compliance with all conditions of this Resolution.