Case Digest (G.R. No. 94284) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On October 14, 1985, Ricardo C. Silverio (petitioner) was charged with violating Section 20(4) of the Revised Securities Act in Criminal Case No. CBU-6304 before the Regional Trial Court of Cebu City, Branch IX. He posted bail and enjoyed provisional liberty. More than two years later, on January 26, 1988, the People of the Philippines filed an ex parte motion to cancel his passport and to issue a hold-departure order, alleging that Silverio had repeatedly left the country without court approval, causing the postponement of arraignments. Over petitioner’s opposition, the trial court, on April 4, 1988, directed the Department of Foreign Affairs to cancel his passport or deny future applications and ordered the Bureau of Immigration to bar him from departing the Philippines. His motion for reconsideration was denied on July 28, 1988. Silverio then filed a petition for certiorari with the Court of Appeals, which, in CA-G.R. SP No. 15827, denied relief on January 31, 1990, and likew Case Digest (G.R. No. 94284) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of the Case
- On 14 October 1985, petitioner Ricardo C. Silverio was charged with violating Section 20(4) of the Revised Securities Act in Criminal Case No. CBU-6304 before the Regional Trial Court (RTC) of Cebu City, Branch IX.
- He posted bail for provisional liberty but repeatedly failed to appear for his scheduled arraignments.
- Issuance of Ex Parte Orders
- On 26 January 1988, the People filed an urgent ex parte motion to cancel Silverio’s passport and issue a hold-departure order, alleging he had traveled abroad without court permission, causing postponements of hearings.
- On 4 April 1988, the RTC ordered the Department of Foreign Affairs to cancel or deny issuance of his passport and the Commission on Immigration to bar his departure. A motion for reconsideration was denied on 28 July 1988.
- Appellate and Supreme Court Proceedings
- Silverio’s petition for certiorari in the Court of Appeals (CA-G.R. SP No. 15827) was denied on 31 January 1990, with a reconsideration motion denied on 29 June 1990.
- He filed a Petition for Review on Certiorari under Rule 45 in the Supreme Court on 30 July 1990, challenging (a) the factual basis of the RTC orders and (b) the Court’s power to restrict his right to travel under the 1987 Constitution.
Issues:
- Grave Abuse of Discretion
- Whether the RTC committed grave abuse of discretion amounting to lack of jurisdiction in issuing orders to cancel petitioner’s passport and bar his departure, purportedly on patently erroneous facts (i.e., the pendency of a Motion to Quash).
- Scope of the Right to Travel
- Whether, under Article III, Section 6 of the 1987 Constitution, the right to travel may be impaired only for reasons of national security, public safety, or public health, thereby precluding courts from imposing travel restrictions in criminal proceedings beyond those grounds.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)