Title
Pichay, Jr. vs. Sandiganbayan, 4th Division
Case
G.R. No. 241742
Decision Date
May 12, 2021
Pichay, accused of graft and banking violations, challenged a hold departure order; Supreme Court upheld it, ruling the right to travel is not absolute.

Case Digest (G.R. No. 241742)
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)

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