Hold-departure orders vs Gwen Garcia stay

Cebu City third district Rep. Gwendolyn Garcia cannot leave the country while standing trial before the Sandiganbayan over the provincial government’s alleged anomalous purchase of a property when she was governor.

The Supreme Court has upheld the hold-departure orders (HDOs) issued by the anti-graft court in 2012 in connection with the case.

In a 31-page decision obtained by The STAR yesterday, the second division of the high tribunal junked Garcia’s petition to nullify the watchlist orders and reverse the January 2013 ruling of the Sandiganbayan that dismissed her motion to lift the orders.

“The Sandiganbayan did not commit abuse of discretion... in denying the motion for reconsideration and prayer for the lifting of the HDOs issued against petitioner. The HDOs were validly issued pursuant to its inherent powers as a court of justice,” the ruling penned by Associate Justice Andres Reyes Jr. read.

The SC rejected Garcia’s argument that the HDOs were invalid and premature because they were issued before the Office of the Ombudsman ruled with finality on finding of probable cause to file charges against her.

The high court said the Sandiganbayan has acquired jurisdiction over the cases, adding that court proceedings could not depend on the decision of the ombudsman in Garcia’s appeal.

Last week, the Sandiganbayan’s Second Division affirmed its ruling rejecting Garcia’s motion to dismiss the technical malversation and two counts of graft filed against her.

The Department of Environment and Natural Resources said at least 19.67 hectares of the 24.9-hectare property were not suitable for human settlement and construction of an international seaport because they were submerged in water.

The provincial government bought the property for P98.9 million.