Case Summary (G.R. No. L-79484)
Background
The petitioners are foreign investors owning 33% of the shares in two sequestered domestic garment corporations, namely, De Soleil Apparel Manufacturing Corporation and American Inter-Fashion Manufacturing Corporation. The PCGG issued Hold-Orders against them, asserting their involvement in obstructing investigations into ill-gotten wealth related to the former Marcos regime. These orders prohibited the petitioners from leaving the Philippines.
Grounds for Petition
The petitioners contend that the Hold-Orders violate their constitutional right to travel, are unauthorized under applicable executive orders and PCGG regulations, and constitute harassment and a breach of due process. They further assert that the Orders have caused significant distress and hardship to themselves and their families.
PCGG's Opposition
The PCGG argued that the Hold-Orders were necessary to ensure the petitioners' presence for the resolution of ongoing corporate issues and to avoid obstructing operations and finances of the sequestered firms. The Commission claimed that the petitioners had engaged in actions detrimental to these companies, justifying the restriction.
Expiration of Hold-Orders
The Court found that the Hold-Orders had expired under the PCGG's own regulations, which dictate that such orders are valid for only six months unless extended for good cause. The PCGG did not extend the Hold-Orders, and no justifiable reasons were provided to continue them beyond the validity period.
Staleness of Grounds
The Court noted that the grounds for the Hold-Orders had become stale, given that the PCGG had appointed an Officer-in-Charge for the firms and had taken over their operation, resulting in improvements in management and profitability. The operational issues cited by the PCGG as a basis for the Hold-Orders no longer persisted.
Right to Due Process
The PCGG's failure to provide the petitioners with a fair opportunity to contest the Hold-Orders was highlighted as a violation of due process. No hearings were conducted to address the petitioners’ requests, nor were their motions given appropriate consideration, constituting a disregard for fairness as mandated by the PCGG's own executive order.
Fundamental Right to Travel
The Court emphasized that the right
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Case Overview
- The case involves petitioners Kant Kwong and Yim Kam Shing, who are foreign nationals representing Hongkong-Chinese investors owning 33% of shares in two domestic garment corporations.
- The respondents include the Presidential Commission on Good Government (PCGG), Secretary Ramon A. Diaz, and Commissioner Mary Concepcion Bautista.
- The petitioners seek a writ of mandamus to lift hold-orders imposed on them by the PCGG, which they argue violate their constitutional right to travel.
Background of the Case
- The PCGG issued hold-orders against the petitioners on February 13, 1987, citing their involvement in obstructing investigations related to ill-gotten wealth.
- The two garment firms involved were sequestered by the PCGG on March 25, 1986, based on allegations that the Marcoses controlled the majority of shares through proxies.
- The petitioners filed an urgent motion to lift the hold-orders on March 12, 1987, which was denied by the PCGG on March 19, 1987.
Grounds for Petition
- The petitioners argue that:
- The hold-orders constitute an unlawful violation of their right to travel.
- The hold-orders are not authorized by any applicable executive orders or PCGG regulations.
- The hold-orders r