Facts: This is a petition for certiorari to set aside as arbitrary and in grave abuse of discretion resolutions of the Sandiganbayan's First Division denying petitioner's motion for leave to travel abroad for medical treatment.
The former first lady Imelda Marcos was found guilty by the First Division of the Sandiganbayan of violating 3 of the Anti Graft and Corrupt Practices Act. After conviction she filed a "Motion for Leave to Travel Abroad" to seek diagnostic tests and treatment by practitioners of oriental medicine in China allegedly because of "a serious and life threatening medical condition" requiring facilities not available in the Philippines that was denied. Then she again filed an "Urgent Ex-Parte Motion for Permission to Travel Abroad" to undergo diagnosis and treatment in China. This was supported by several medical reports that were prepared by her doctor Roberto Anastacio.
Again another Motion to leave was filed by Mrs. Marcos to US and Europe for treatment of several Heart diseases alleging that the tests were not available here.
The presiding justice, Garchitorena, contacted Dr. Gregorio B. Patacsil, Officer-in-Charge of the Philippine Heart Center, and later wrote him a letter, asking for "expert opinion on coronary medicine". The court still found no merit to allow the petitioners motion to leave and denied all of the motions.
Petitioner filed a motion for reconsideration and a "Motion to Admit Clinical Summary and to Resolve Motion for Reconsideration." Attached was a recent medical report and letters of Vice President Joseph E. Estrada offering to be guarantor for the return of petitioner and those of twenty four members of the House of Representatives requesting the court to allow petitioner to travel abroad. This was also denied by the Court also stating their express disapproval of the involvement of the VP and the Cabinet members so as to influence the resolutions, decisions or orders or any judicial action of respondent court.
Issue: Whether or Not the Sandiganbayan erred in disallowing the Motion for Leave to Travel Abroad because it (1) disregarded the medical findings (2) it motu propio contacted a third party asking the latter to give an opinion on petitioner's motion and medical findings (3) said that there was no necessity to get medical treatment abroad.
Held: No. The contention of the petitioner that was invalid to contact a third party asking the latter to give an opinion on petitioner's motion and medical findings was erroneous. Respondent court had to seek expert opinion because petitioner's motion was based on the advice of her physician. The court could not be expected to just accept the opinion of petitioner's physician in resolving her request for permission to travel. What would be objectionable would be if respondent court obtained information without disclosing its source to the parties and used it in deciding a case against them.
In disregarding the medical reports, the petitioner failed to prove the necessity for a trip abroad. It should be emphasized that considering the fact that she is facing charges before the courts in several cases, in two of which she was convicted although the decision is still pending reconsideration, petitioner did not have an absolute right to leave the country and the burden was on her to prove that because of danger to health if not to her life there was necessity to seek medical treatment in foreign countries.
On the third issue, the Court ordered petitioner to undergo several tests which summarily states that the required medical treatment was available here in the Philippines and that the expertise and facilities here were more than adequate to cater to her medical treatment. The heart ailments of the petitioner were not as severe as that was reported by Dr. Anastacio.
Wherefore, the petitioner is Dismissed without prejudice to the filling of another motion for leave to travel abroad, should petitioner still desire, based on her heart condition. In such an event the determination of her medical condition should be made by joint panel of medical specialists recommended by both the accused and the prosecution.
0 comments:
Post a Comment