SECOND DIVISION
[G.R. Nos. 212706-13. May 4, 2016.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. HONORABLE SANDIGANBAYAN (FIFTH DIVISION), AGNES VST DEVANADERA, ROLANDO B. FALLER, and DIVINA GRACIA F. CRUZ, respondents.
[G.R. No. 215958. May 4, 2016.]
ROLANDO B. FALLER, petitioner, vs. THE OMBUDSMAN and FIELD INVESTIGATION OFFICE, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 04 May 2016 which reads as follows:
"G.R. Nos. 212706-13: PEOPLE OF THE PHILIPPINES v. HONORABLE SANDIGANBAYAN (FIFTH DIVISION), AGNES VST DEVANADERA, ROLANDO B. FALLER, and DIVINA GRACIA F. CRUZ
G.R. No. 215958: ROLANDO B. FALLER v. THE OMBUDSMAN and FIELD INVESTIGATION OFFICE
On September 21, 2015, respondent Agnes VST Devanadera filed a Motion for Authority to Travel Abroad 1 for the purpose of attending an arbitration training program in Mumbai, India to be held on October 15-17, 2015. 2 In the Resolution dated September 30, 2015, this Court required petitioner to comment on respondent's Motion. 3
In its Comment to the Motion for Authority to Travel Abroad 4 filed on November 16, 2015, petitioner, represented by the Office of the Ombudsman and through the Office of the Special Prosecutor, did not object to the granting of the Motion, 5 provided that the following conditions are met:
2.1 That respondent be required to immediately present herself before this Honorable Court or the Honorable Sandiganbayan, after the completion of the travel.
2.2 That respondent be required to post a travel bond equivalent to fifty percent (50%) of the money value of the funds alleged to have been malversed in Criminal Cases No. SB-11-CRM-0212 to 0128. This is equivalent to more or less PhP450,000.00. 6
In the Resolution 7 dated February 3, 2016, this Court denied the Motion for being moot since the intended date of departure had already lapsed.
On April 18, 2016, respondent filed an Urgent Motion for Authority to Travel Abroad. 8 She states that she would like to visit her half-brother, Ernesto Torres, who is terminally ill, in the United States. 9 Respondent also states her address and contact number in the United States. 10
Respondent further states that her intended date of departure from Manila is May 27, 2016, and her expected date of return to Manila is June 8, 2016. 11
Attached to the Motion for Authority to Travel Abroad is a Medical Certificate 12 issued by the Medical Director of Haven Health Hospice and Home Health Services.
The Medical Certificate dated March 29, 2016 states that Ernesto Torres is diagnosed with cerebrovascular disease and that his condition is terminal. 13
Respondent prays that she be allowed to travel "on the basis of her previous cash bond[,] which is still in the custody of the Sandiganbayan." 14
WHEREFORE, this Court resolves to GRANT respondent Agnes VST Devanadera's Urgent Motion for Authority to Travel Abroad. Respondent is allowed to travel to Long Beach, California, United States of America from May 27, 2016 to June 6, 2016, subject to the following conditions:
(a) Respondent shall file before the Sandiganbayan Executive Clerk of Court a manifestation informing the latter of her final departure date from the Philippines, her final arrival date to the Philippines, and all pertinent flight information related to her travel, including travel information to and from the place indicated in her Motion;
(b) Respondent's travel itinerary shall be limited to the place stated in her Motion; TIADCc
(c) Within five (5) days after her return, respondent shall proceed to the Sandiganbayan Executive Clerk of Court and present her passport and photocopy of the pages indicating the stamped exit from and entry of arrival in the Philippines, duly authenticated by the Sandiganbayan Executive Clerk of Court after a comparison with the original; and
(d) Respondent 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 her return to the Philippines. Failure to post the bond within five (5) days from notice will result in the denial of respondent's Motion. 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 respondent's return and within fifteen (15) days from the date of her appearance before it, the Sandiganbayan Executive Clerk of Court shall file before this Court's Second Division Clerk of Court a report confirming respondent's compliance with all conditions of this Resolution.
SO ORDERED. cSEDTC
(Del Castillo, J., no part due to close relation to one of the parties who was involved in this case; Perez, J., designated additional member per Raffle dated June 29, 2015.)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Rollo (G.R. Nos. 212706-13), pp. 878-880, Copy of the Motion for Authority to Travel Abroad.
2. Id. at 878-879.
3. Id. at 892.
4. Id. at 897-900.
5. Id. at 897.
6. Id.
7. Id. at 911-912.
8. Id. at 922-927.
9. Id. at 922.
10. Id. at 923.
11. Id.
12. Id.
13. Id. at 928.
14. Id. at 924.