SECOND DIVISION
[G.R. Nos. 206310-11. September 14, 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 14 September 2016 which reads as follows:
"G.R. Nos. 206310-11: JAIME DICHAVES v. OFFICE OF THE OMBUDSMAN AND THE SPECIAL DIVISION OF THE SANDIGANBAYAN
Former President Joseph Ejercito Estrada (Estrada), along with several others including John and Jane Does, was charged with plunder before the Sandiganbayan. 1 One of the John Does charged was identified as petitioner Jaime Dichaves. 2
In the Resolution 3 on March 14, 2012, the Office of the Ombudsman found probable cause to charge petitioner with plunder. 4 Petitioner allegedly conspired/connived with Estrada in amassing wealth, in violation of Republic Act No. 7080. 5
On April 4, 2013, petitioner filed a Petition for Certiorari6 with a prayer for a temporary restraining order to enjoin the Office of the Ombudsman and the Sandiganbayan from proceeding with his arraignment and trial for plunder. 7
On July 17, 2013, this Court's Third Division issued a temporary restraining order 8 enjoining respondents, their agents and assigns, and anyone acting on their behalf from proceeding with petitioner's arraignment and trial for plunder, effective immediately and continuing until further orders from this Court.
On August 6, 2014, petitioner filed before this Court a Motion to Be Allowed to Travel 9 to Bangkok, Hong Kong, and Singapore. In the Resolution 10 dated January 26, 2015, this Court granted his Motion, subject to certain conditions. 11
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. 12 In the Resolution 13 dated September 23, 2015, this Court granted his Motion, subject to certain conditions. 14
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 (Third Travel Request) for Fifteen (15) Days. 15 In his Motion, petitioner stated that his mother, Elena Dichaves, who is 89 years old, wanted to have a family reunion in Hong Kong and Tokyo. 16 Petitioner manifested his willingness to abide by this Court's conditions for his third travel. Thus:
Accused respectfully manifests that he is willing to comply with the conditions that will be imposed by the Honorable Court relative to his requested permission to travel abroad, to Hong Kong and Tokyo for fifteen (15) days. 17
In the Resolution 18 dated March 9, 2016, this Court granted petitioner's Motion, 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; CAIHTE
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[s] 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. 19 (Emphasis supplied)
On March 21, 2016, the Sandiganbayan Special Division confirmed that petitioner's travel bond of P1,000,000.00, which was posted pursuant to this Court's September 23, 2015 Resolution, 20 had not been withdrawn. 21
Petitioner was scheduled to depart for Hong Kong on March 29, 2016. 22 On March 23, 2016, he had his mother examined by a cardiologist. 23 On March 26, 2016, the cardiologist issued a certificate advising her not to travel for at least two (2) weeks due to hypertension. 24
On March 28, 2016, one (1) day before he left the Philippines, petitioner submitted before this Court a Manifestation 25 stating that his mother could not fly out for health reasons. He never sought this Court's permission to travel on his own, in light of the change of plans.
In his Manifestation, petitioner informed this Court that he would still fly out by himself despite his mother being unable to go with him. 26 Petitioner moved to dispense with the condition to present her passport upon return, 27 which this Court denied 28 on June 15, 2016. In the same Resolution, this Court also required petitioner to show cause why he should not be cited in contempt. 29
In his Compliance 30 with the June 15, 2016 Resolution, petitioner stated that he still went ahead as it "would be costly" 31 not to, his family members might not be available if the reunion date were reset, and it would take time to ask for another date. 32
For resolution is the sole issue of whether judgment should be rendered against petitioner for violating the conditions for his travel.
Petitioner's Motion was entitled "Motion to be Allowed to Accompany 89-Year Old Mother Elena Dichaves for a Family Reunion in Hong Kong and Tokyo (Third Travel Request) for Fifteen (15) Days." 33 The grant of his Motion is clearly premised on his accompanying his mother.
When the reason for petitioner's travel ceased to exist, his authority to leave the country, pending his criminal case, likewise ceased to exist.
Petitioner admitted that he proceeded to travel without his mother. 34 He knew that "one of the conditions set in the Supreme Court's Resolution is for [his] mother, Elena Dichaves, to also appear before [the Sandiganbayan Executive Clerk of Court] and present her passport and the photocopies of the pages indicating her stamped exit to and entry of arrival in the Philippines." 35 DETACa
The phrase in item (c) of this Court's March 9, 2016 Resolution stating that petitioner should "present his and his mother Elena Dichaves' passport[s] . . . indicating the stamped exit to and entry of arrival in the Philippines" 36 presupposes that, as a condition for his departure, his mother must also fly with him. When she was unable to do so, his authority to travel was automatically revoked.
We cannot carve out an exception for petitioner simply because it would be costly and a hassle 37 for him to postpone the family reunion. In the first place, the reason for the family reunion in Hong Kong and Tokyo was to grant his elderly mother's wish. 38 Unfortunately, his mother suffered uncontrolled hypertension and needed to be cared for at home. 39
Petitioner's best recourse was to stay with his ailing mother, especially in light of his acknowledged duty to follow this Court's conditions in granting his Motion. 40 Instead, petitioner willfully breached one of the conditions for his third travel. Such disregard of this Court's order warrants the forfeiture of his travel bond.
We cannot condone petitioner's action; otherwise, it would set a bad precedent for any person, who alleges difficulty in complying with this Court's order, to violate it simply because of an intervening occurrence. Parties must follow this Court's orders to the letter.
WHEREFORE, the travel bond posted by petitioner Jaime Dichaves amounting to P1,000,000.00 is FORFEITED in favor of the government. All of his future travels must be coursed through this Court, pending the resolution of his Petition for Certiorari, and the minimum cash bond required of him shall be increased to P1,500,000.00.
Further, petitioner Jaime Dichaves is STERNLY WARNED that a repetition of the same or similar acts shall be dealt with more severely.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Rollo, p. 32, Ombudsman Joint Resolution.
2. Id. at 33.
3. Id. at 31-62. The Resolution was penned by Special Panel Members Armando S. Sanchez Jr., Rachel T. Cariaga-Favila, Francisca A. Maullon-Serfino, and Maria Olivia Elena A. Roxas, with Panel Co-Chair Assistant Ombudsman, PAMO I Aleu A. Amante and Deputy Special Prosecutor Jesus A. Micael, approved by Ombudsman Conchita Carpio-Morales.
4. Id. at 61.
5. Id. at 11, Petition. See Rep. Act No. 7080 (1991), An Act Defining and Penalizing the Crime of Plunder.
6. Id. at 3-30.
7. Id. at 26.
8. Id. at 107-108.
9. Id. at 269-271.
10. Id. at 348-352.
11. These conditions are:
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 (rollo, pp. 350-351).
12. Rollo, pp. 353-357.
13. Id. at 361-364.
14. These conditions are:
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 (rollo, pp. 362-363).
15. Rollo, pp. 387-389.
16. Id. at 388.
17. Id.
18. Id. at 396-399.
19. Id. at 397-398.
20. Id. at 361-364.
21. Id. at 407.
22. Id. at 436.
23. Id. at 420.
24. Id.
25. Id. at 420-422.
26. Id.
27. Id. at 421.
28. Id. at 439.
29. Id.
30. Id. at 441-445.
31. Id. at 444.
32. Id. at 444-445.
33. Id. at 387-390.
34. Id. at 444.
35. Id. at 430.
36. Id. at 397-398.
37. Id. at 445.
38. Id. at 388.
39. Id. at 443.
40. Id. at 388.