SECOND DIVISION
[G.R. No. 254350. June 27, 2022.]
GREGORIO TOCMO IPONG, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
[G.R. No. 254444. June 27, 2022.]
DENNIS L. CUNANAN, petitioner, vs.PEOPLE OF THE PHILIPPINES,respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution datedJune 27, 2022which reads as follows:
"G.R. No. 254350 (Gregorio Tocmo Ipong v. People of the Philippines); G.R. No. 254444 (Dennis L. Cunanan v. People of the Philippines). — Gregorio T. Ipong (Ipong), Dennis L. Cunanan (Cunanan), Marivic V. Jover (Jover), Alfredo A. Ronquillo, and Antonio Y. Ortiz were charged with violations of Article 217 of the Revised Penal Code and Section 3 (e) of Republic Act No. 3019 before the Sandiganbayan. On September 11, 2020, the Sandiganbayan found Ipong, Cunanan, and Jover guilty as charged. 1 Unsuccessful 2 at Reconsideration, 3 Ipong 4 and Cunanan 5 individually filed Petitions for Review on Certiorari under Rule 45 of the Rules of Court, which were subsequently consolidated on January 11, 2021. 6 Later, on June 29, 2021, Ipong moved to withdraw his Petition in G.R. No. 254350 because an appeal was already perfected on December 1, 2020 docketed as G.R. No. 255222. 7 On September 29, 2021, the Court granted Ipong's Motion to Withdraw and declared the case in G.R. No. 254350 closed and terminated. 8
On June 21, 2021, Cunanan filed before the Court a Motion for Leave to Travel to the United States of America (USA) from June 29 to July 20, 2021. 9 In a Resolution dated July 14, 2021, the Court granted the motion, subject to Cunanan's compliance with the conditions stated therein. We further ordered Cunanan to submit anew his travel itinerary considering that his date of departure had already lapsed. 10 On July 28, 2021, Cunanan filed a Manifestation of Compliance proposing his travel itinerary departing on October 7, 2021 and returning on November 5, 2021, 11 which we approved on September 29, 2021. 12 Moreover, the Court declared that the Hold Departure Order issued by the Sandiganbayan against Cunanan be lifted, in accordance with the approved travel itinerary, and the Bureau of Immigration is directed to implement the same. 13 Consequently, Cunanan filed separate Motions for Leave to Travel before the Sandiganbayan's First to Seventh Divisions where he has twenty-seven (27) pending cases 14 but were denied. 15 Neither did the Bureau of Immigration allow him to depart. 16
On February 16, 2022, Cunanan filed a Consolidated Motion for Leave to Travel to Europe from March 5 until March 22, 2022. 17 Thereafter, he filed a Manifestation and Motion 18 to travel to the USA from June 30 to July 18, 2022, and in an Amended Motion for Leave to Travel, 19 he revised his travel dates departing on June 26, 2022 and returning to the Philippines on July 18, 2022. His travel itinerary includes: (a) departure from Manila to Philadelphia, USA on June 26; (b) visit his daughter undergoing university-related internship program on June 27 to 29; (c) courtesy call to the Grand Master of Free and Accepted Masons of New York and meet with Shrine Members of the 1st Shrine Center on June 30 to July 1; (d) attend the 148th Imperial Session celebrating the 150th Year Historic Anniversary of Shriners' Hospital for Children on July 2 to 7; (e) travel to Philadelphia on July 7; (f) visit the Grand Lodge and the Shrine Center of Philadelphia on July 8 to 11; (g) attend a meeting with Greenlee Consulting of Michigan for business signing of Partnership for Philippine Office Operations with Advantage Management Consulting Philippines, Inc., and signing of the Memorandum of Agreement with World Medical Relief for donation of shipment of medical equipment and supplies for hospitals in the Philippines on July 11 to 17; (h) travel back to Manila on July 17; and (i) arrival in Manila on July 18. 20
In addition, Cunanan's motions similarly allege that he is not a flight risk because he is facing numerous cases before the Sandiganbayan. 21 He manifests his willingness to: (1) be escorted by any member of the Philippine National Police or by the Sheriff of the Court during the duration of his travel, at no expense to the government; (2) report to the Philippine Consulate offices near or within the areas he will be travelling for proper monitoring of his whereabouts; (3) surrender his passport to the Philippine Embassy or to the nearest Philippine Consular Office upon port of entry, to be retrieved only immediately before returning to the Philippines, or when so directed by the Court to return; (4) post a travel bond in the amount to be fixed by the Court; and (5) abide by any other condition or requirement imposed by the Court. Lastly, Cunanan prays that the hold departure order issued by the Sandiganbayan against him be lifted, and an allow departure order to be authorized by the Bureau of Immigration, with the clarification that he need not file separate motions to travel in the seven divisions of the Sandiganbayan where he has pending cases. 22
Meantime, on February 21, 2022, the Office of the Ombudsman, through the Office of the Special Prosecutor, filed its Consolidated Comment on the Petitions. 23
Inasmuch as we have previously granted the motion to travel, and in the interest of justice, we grant Cunanan's revised travel itinerary to the USA from June 26 to July 18, 2022. The hold departure order issued by the Sandiganbayan is lifted, in accordance with the approved travel itinerary, and the Bureau of Immigration is directed to implement the same. However, the Court's favorable action on this motion to travel cannot be deemed contingent on the pending cases filed against Cunanan before the Sandiganbayan. It is a fundamental rule that all ancillary incidents, such as motions to travel, should be resolved by the court handling the main case. 24
FOR THESE REASONS, the Consolidated Motion for Leave to Travel, and the Manifestation and Motion are NOTED, and the Amended Motion for Leave to Travel is GRANTED. Petitioner Dennis L. Cunanan is allowed to travel to the United States of America from June 26, 2022 to July 18, 2022, subject to the following conditions:
a. The petitioner shall deposit with the Court a travel bond in the amount of Three Hundred Thousand Pesos (P300,000.00);
b. The petitioner shall designate in writing his personal agent with authority to act for and on his behalf for the duration of his absence from the country, and such designation shall be in the form of a special power of attorney, with the express acceptance of the designate;
c. The petitioner shall submit to the Court a detailed flight and travel itinerary before his departure; and
d. The petitioner shall give to the Court written notice of his return within twenty-four (24) hours from his arrival.
The hold departure order issued by the Sandiganbayan against him in Criminal Case Nos. SB-17-CRM-0939 and SB-17-CRM-0940 is LIFTED, in accordance with the approved travel itinerary. The Bureau of Immigration is directed to implement the same.
Further, considering that the Court granted the Motion to Withdraw of petitioner Gregorio T. Ipong in G.R. No. 254350 and declared the case closed and terminated in a Resolution dated September 29, 2021, let an ENTRY OF JUDGMENT be issued immediately in G.R. No. 254350. Let G.R. No. 254350 be DECONSOLIDATED from G.R. No. 254444.
Finally, the Consolidated Comment of the respondent Ombudsman is NOTED. Petitioner Dennis L. Cunanan is directed to file a REPLY within five (5) days from receipt of the Consolidated Comment.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Rollo (G.R. No. 254350), pp. 38-77. Penned by Associate Justice Ronald B. Moreno, with the concurrence of Associate Justices Amparo M. Cabotaje-Tang and Bernelito R. Fernandez, Docketed as Criminal Case Nos. SB-17-CRM-0939 and SB-17-CRM-0940.
2. Id. at 78-89.
3. Id. at 90-109.
4. Id. at 11-33.
5. Rollo (G.R. No. 254444), pp. 11-45.
6. Id. at 102-103.
7. Rollo (G.R. No. 254350), pp. 130-131.
8. Id. at 145-146.
9. Rollo (G.R. No. 254444), pp. 104-114.
10. Id. at 119-122.
11. Id. at 131-137.
12. Id. at 140-141.
13. Id.
14. Id. at 152-153. Petitioner Cunanan enumerated his cases pending before the different divisions of the Sandiganbayan: First Division — People v. Thomas L. Dumpit, et al., People v. Eduardo K. Veloso, et al., and People v. Ramon "Bong" Revilla, et al.; Second Division — People v. Salacnib F. Baterina, et al., People v. Douglas R. Cagas, et al., People v. Reno G. Lim, et al., People v. Anthony C. Miranda, et al., People v. Arrel R. Olaño, et al., People v. Antonio Y. Ortiz, et al., People v. Candido Pancrudo, Jr., et al., and People v. Arthur Yusay Pingoy, Jr., et al., Third Division — People v. Marc Douglas C. Cagas IV, et al., People v. Marc Douglas C. Cagas IV, et al., People v. Marina P. Clarete, et al., People v. Samuel M. Dangwa, et al., People v. Juan Ponce Enrile, et al., People v. Gregorio T. Ipong, et al., People v. Antonio Y. Ortiz, et al., and People v. Herminio G. Teves, et al.; Fourth Division — People v. Rizalina L. Seachon-Lanete, et al.; Fifth Division — People v. Jose P. Ejercito Estrada, et al., People v. Nerissa Corazon Soon-Ruiz, et al., and People v. Edgar De Leon Valdez, et al., Sixth Division — People v. Antonio Y. Ortiz, et al., and People v. Gregorio T. Ipong, et al.; and Seventh Division — People v. Rozzano Rufino B. Biazon, et al., and People v. Rodolfo G. Valencia, et al.
15. Id. at 152.
16. Id.
17. Id. at 145-156.
18. Rollo (G.R. No. 254350), pp. 173-178.
19. Id. at 228-234.
20. Id. at 213-215.
21. Rollo (G.R. No. 254444), p. 149; id. (G.R. No. 254350) at 215.
22. Rollo (G.R. No. 254350), pp. 217-219; id. (G.R. No. 254444) at 154-155.
23. Rollo (G.R. No. 254444) at 167-194.
24. Sy v. Sandiganbayan, 841 Phil. 475 (2018) [Per J. Perlas-Bernabe, Second Division].