Friday, February 6, 2009

DEFENSOR-SANTIAGO VS. VASQUEZ [217 SCRA 633; G.R. NOS. 99289-90; 27 JAN 1993]



Facts:
An information was filed against petitioner with the Sandiganbayan for violation of the Anti Graft and Corrupt Practices Act. The order of arrest was issued with bail for release fixed at Php. 15,000 so she filed a motion for acceptance of cash bail bond. On the same day the Sandiganbayan issued a resolution authorizing the petitioner to post cash bond which the later filed in the amount of Php.15, 000. Her arraignment was set, but petitioner asked for the cancellation of her bail bond and that she be allowed provisional release on recognizance. The Sandiganbayan deferred it. The Sandiganbayan issued a hold departure order against petitioner, by reason of the announcement she made that she would be leaving for the U.S. to accept a fellowship a Harvard. In the instant motion she submitted before the S.C. she argues that her right to travel is impaired.


Issue: Whether or Not the petitioner’s right to travel is impaired.


Held: The petitioner does not deny and as a matter of fact even made a public statement, that she he every intension of leaving the country to pursue higher studies abroad. The court upholds the course of action of the Sandiganbayan in taking judicial notice of such fact of petitioners pal to go abroad and in thereafter issuing a sua sponte the hold departure order is but an exercise of respondent court’s inherent power to preserve and to maintain effectiveness of its jurisdiction over the case and the person of the accused.

Also, the petitioner assumed obligations, when she posted bail bond. She holds herself amenable at all times to the orders and process of eth court. She may legally be prohibited from leaving the country during the pendency of the case. (Manotoc v. C.A.)

0 comments:

Post a Comment

Pinoy Bloggers Society (PBS) PinoyBlogoSphere.com

View My Stats

Personal - Top Blogs Philippines
My BlogCatalog BlogRank
Add to Technorati Favorites
Personal Business Directory - BTS Local
blogarama - the blog directory
Personal Blogs - BlogCatalog Blog Directory
 

Copyright 2008 All Rights Reserved Revolution Two Church theme by Brian Gardner Converted into Blogger Template by Bloganol dot com