The Supreme Court has upheld the decision of the Sandiganbayan disallowing Cebu Rep. Gwendolyn Garcia from leaving the country.
In a decision penned by Associate Justice Andres Reyes Jr., the SC’s Second Division denied for lack of merit Garcia’s petition seeking to reverse the anti-graft court decision to issue hold departure orders to prevent her from leaving the country.
Garcia is subject of three HDOs issued by the Sandiganbayan.
The lawmaker is facing two counts of graft and one count of illegal use of public funds for the alleged anomalous purchase of 24.7 hectare Balili property worth P98.9 million while she was still Cebu governor.
Garcia was forced to file an appeal before the SC after the Sandiganbayan denied her motion for reconsideration.
Garcia argued that the HDOs against her were issued prematurely.
The lawmaker argued that she was also not able to exhaust her legal remedies even before the final determination of probable cause against her.
In ruling against Garcia, the SC held that from the filing of the case, whether it will be dismissed or continue with the proceedings, is upon the court’s discretion.
“Pursuant to said authority, the court takes full authority over the case, including the manner of the conduct of litigation and resort to processes that will ensure the preservation of its jurisdiction. Thus, It may issue warrants of arrests, HDOs and other processes that it deems warranted under the circumstances,” the SC ruling stated.
“In this case, the Sandiganbayan acted within its jurisdiction when it issued the HDOs against the petitioner,” it added.
The SC held that there was no denial of due process since Garcia can file a motion for reconsideration. The proceedings before the Sandiganbayan as well as her appeal before the Ombudsman can proceed concurrently, the SC said.