Case Digest (G.R. No. 241742) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On July 12, 2016, the Office of the Special Prosecutor filed eight informations before the Sandiganbayan (SB-16-CRM-0425 to 0432) charging then Local Water Utilities Administration Chairperson Prospero A. Pichay, Jr. with multiple violations: (1) Section X126.2(c)(1)(2) of the Manual of Regulations for Banks (MORB) in relation to Sections 36 and 37 of Republic Act No. 7653; (2) Sections 19 and 66 of RA No. 8791 in relation to Section 36 of RA No. 7653; (3) three counts under Section 3(e) of RA No. 3019; and (4) three counts of malversation for his failure to secure prior approval of the President under Administrative Order No. 59 and of the Monetary Board under MORB before purchasing shares of Express Savings Bank, Inc. On July 18, 2016, the Sandiganbayan motu proprio issued a Hold Departure Order (HDO) barring Pichay from leaving the country without leave of court. In an October 18, 2016 Resolution, the Sandiganbayan dismissed the RA 8791 violations and malversation counts. On Case Digest (G.R. No. 241742) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural History
- On July 12, 2016, the Office of the Special Prosecutor filed eight informations against Prospero A. Pichay, Jr. (SB-16-CRM-0425 to 0432).
- On July 18, 2016, the Sandiganbayan motu proprio issued a Hold Departure Order (HDO) barring Pichay from leaving the country without court permission.
- On October 18, 2016, the Sandiganbayan dismissed charges for violations of RA No. 8791 secs. 19 & 66 and three counts of malversation.
- On November 17, 2017, it found probable cause to indict Pichay for violation of MORB Sec. X126.2(c)(1)(2) with RA No. 7653 secs. 36 & 37 and three counts of RA No. 3019 sec. 3(e).
- On February 14, 2018, Pichay filed a Motion to Lift the HDO; the prosecution filed a Consolidated Comment/Opposition.
- On March 16 and June 19, 2018, the Sandiganbayan denied the motion and its reconsideration for lack of merit, prompting Pichay’s petition for certiorari under Rule 65.
- Charges and Allegations
- Violation of MORB Section X126.2(c)(1)(2) in relation to RA No. 7653 secs. 36 & 37 for purchase of Express Savings Bank, Inc. shares without prior Monetary Board approval.
- Violation of RA No. 8791 secs. 19 & 66 in relation to RA No. 7653 sec. 36 (later dismissed).
- Three counts of violation of RA No. 3019 sec. 3(e) for unauthorized fund releases totaling ₱720,003,070.51.
- Three counts of malversation (later dismissed).
- Alleged failure to secure prior approval of the President under AO No. 59 and of the Monetary Board under the MORB.
Issues:
- Validity of the Hold Departure Order
- Whether the HDO constitutes a valid restriction on Pichay’s right to travel.
- Whether the Sandiganbayan acted within its inherent power in issuing the HDO.
- Abuse of Discretion
- Whether the Sandiganbayan gravely abused its discretion in denying Pichay’s Motion to Lift the HDO.
- Whether sustaining the HDO violated constitutional guarantees on freedom of movement.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)