Yap v. Sandiganbayan (Sixth Division)

FIRST DIVISION

[G.R. Nos. 246318-19. June 3, 2019.]

ARTHUR CUA YAP, petitioner, vs.SANDIGANBAYAN (SIXTH DIVISION) AND THE PEOPLE OF THE PHILIPPINES, respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution dated June 3, 2019 which reads as follows:

"G.R. Nos. 246318-19 (Arthur Cua Yap, Petitioner, v. Sandiganbayan (Sixth Division) and the People of the Philippines, Respondents.) — On May 27, 2019, the petitioner filed an Urgent Motion for Leave to Travel Abroad, praying for authority to travel to Belgium and the Netherlands in the period of June 6 to 15, 2019; and to Japan and South Korea in the period of June 23 to 29, 2019. On May 29, 2019, he filed a Submission with Manifestation to correct his travel periods to June 6 to 16, 2019 and June 22 to 28, 2019, respectively.

The petitioner averred in his motion that as the newly proclaimed and incoming Governor of the Province of Bohol, he expressed his interest to attend a program on solid waste management and desalination sponsored by the Embassy of the Kingdom of the Netherlands. The program is scheduled on June 10 to 11, 2019. The petitioner would also like to take this travel as an opportunity to bond with his family before he assumes his new position. Thus, he intends to bring his family on a tour of Belgium and the Netherlands, and then embark on a cruise departing from Japan and disembarking in South Korea.

The petitioner manifested his flight details and his mobile phone number, and attached to the motion documents pertinent to his proposed travel, stating thusly:

2.3. Mr. Yap's flight details for the trip to Brussels, Belgium, and Amsterdam, The Netherlands, as evidenced by the Emirates Electronic Ticket & Receipt attached hereto as Annex "2" are as follows:

2.3.1. Mr. Yap will depart from Manila on 6 June 2019 (Thursday, Manila time) via Emirates flight EK335. His estimated time of departure from Manila is at 2355H, and his estimated time of arrival at the Dubai International Airport for a layover is at 0430H of 7 June 2019, Mr. Yap will then depart from Dubai via Emirates flight EK183 at the estimated time of departure of 0820H, and will arrive at Brussels Airport at the estimated time of 1325H. cDHAES

2.3.2. Mr. Yap will depart from Schipol Airport, Amsterdam on 15 June 2019 (Saturday) via Emirates flight EK150. His estimated time of departure from Amsterdam is at 2150H, and his estimated time of arrival at the Dubai International Airport for a layover is at 0630H of 16 June 2019. Mr. Yap will then depart from Dubai via Emirates flight EK334 at the estimated time of departure of 0920H, and will arrive at the Ninoy Aquino International Airport, Manila at the estimated time of 2210H.

2.4. Mr. Yap will be staying at Novotel Brussels City Center, Rue de la Vierga Noire, 32 Bruxelles, Belgium, from 6 to 9 June 2019. Thereafter, from 9 to 15 June 2019, Mr. Yap will be staying at Radisson Blu Amsterdam Rusland 17, 1012 CK Amsterdam, Netherlands. The booking showing details of his hotel accommodations is attached hereto as Annex "3".

2.5. The detailed itineraries of Mr. Yap's tours in Brussels, Belgium and Amsterdam, the Netherlands are attached hereto as Annexes "4" and "5".

3. Copies of Mr. Yap's passport, Schengen visa and Japan visa, are attached hereto as Annexes "6", "7" and "8", respectively.

4. Copies of Mr. Yap's travel clearances from the House of Representatives, authorizing his trip to Belgium and the Netherlands, and to Japan and Korea, are attached hereto as Annexes "10" and "11", respectively.

5. In view of the proximity of the scheduled trip, Mr. Yap files the instant Motion subject to the submission of the supporting documents.

6. During his trip, Mr. Yap may be reached through his mobile phone at +63 917 555 5229. 1

The petitioner asserts that he is not flight risk considering that he is an incumbent elected public official, and has been recently elected to a new post. He explains that his personal, family and business interests remain in the country. Thus, he assures the Court of his return.

In addition, the petitioner manifests that he previously posted a travel bond amounting to P120,000.00 with the Sandiganbayan, and that the same has not been withdrawn; and that he is undertaking to comply with whatever conditions the Court will prescribe for the proposed travel.

In view of the manifestations and the assurances by the petitioner that he has no reason to flee the jurisdiction or to evade his responsibilities, the Court finds that he has proven that he is not a flight risk.

ACCORDINGLY, the Court RESOLVES to GRANT the petitioner's Urgent Motion for Leave to Travel Abroad dated May 27, 2019 subject to the following conditions:

(a) The petitioner shall deposit in this Court a travel bond in the amount of P100,000.00;

(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; and,

(c) The petitioner shall give written notice of his arrival to the Court within twenty-four (24) hours from his return to the country.

WHEREFORE, the Court AUTHORIZES petitioner ARTHUR CUA YAP to travel abroad in the periods of June 6 to 16, 2019, and June 22 to 28, 2019, subject to the aforementioned conditions imposed herein. ASEcHI

SO ORDERED." Carandang, J., on official leave.

Very truly yours,

(SGD.) LIBRADA C. BUENADivision Clerk of Court

 

Footnotes

1.Rollo, pp. 329-330.