State prosecutors opposed the motion of Senator Sherwin Gatchalian in asking for the court鈥檚 nod to travel to China with President Rodrigo Duterte, noting that the senator鈥檚 request was not an urgent matter.
This as the Office of the Special Prosecutor opposed Gatchalian鈥檚 motion for leave to travel abroad to join Duterte鈥檚 trade mission to China.
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The prosecution said Gatchalian is a flight risk, and that he has raised no compelling reasons for him to join the Philippine delegation.
鈥淭he prosecution hereby submits its vehement objection to the accused鈥檚 motion, the foremost reason for which is the accused being a flight risk, considering that he is not yet arraigned,鈥 the prosecution said.
鈥淚n addition, the travel overseas which he wishes to undertake is not founded on urgent matters,鈥 the panel added.
The prosecution said that the accused is not an ordinary individual who can 鈥渢ravel outside the country at his pleasure.鈥
The panel added that his indictment for the charges restrained his constitutional right to travel, especially if the travel is not justified.
Gatchalian was reprimanded on Thursday by the justices for pressuring them to resolve his motion, as well as for his failure to comply with the three-day notice for urgent motions. The justices added that they do not want to give special treatment to the senator.
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Gatchalian initially asked the court鈥檚 nod to join Duterte鈥檚 state visits to Brunei聽on聽Oct. 16, and from Brunei to China聽on聽Oct. 18聽to join the President鈥檚 trade mission.
Gatchalian said he would no longer be joining Duterte鈥檚聽Brunei state visit, and would instead proceed to China for the trade mission聽from聽Oct. 18 to Oct. 21.
Gatchalian said he would be an observer in the trade mission.
While Sen. Gatchalian鈥檚 motion is pending, his brother Valenzuela Rep. Weslie Gatchalian was earlier allowed by the court to join the Philippine delegation.
搁贰础顿:听Court allows Gatchalian to travel to China with Duterte
Rep. Gatchalian, who filed his motion earlier, said he would be advising the President on discussions with the Chinese. He had pleaded not guilty under conditional arraignment.
READ: Rep. Gatchalian pleads 鈥榥ot guilty鈥 to raps in bank case
The Gatchalian brothers are co-accused in the cases for聽graft, malversation and violation of bank manual involving members of his family over the allegedly anomalous聽buyout of the family鈥檚 insolvent bank by the Local Water Utilities Administration (LWUA).
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Sen. Gatchalian, Rep. Gatchalian, and their parents, so-called 鈥淧lastics King鈥 business magnate William聽Gatchalian and聽Dee Hu聽Gatchalian,聽were each accused of one count of violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, one count of Malversation of Public Funds as defined under Article 217 of the Revised Penal Code, and one count of violation of the Manual of Regulation for Banks (MORB).
READ: Pichay seeks dismissal of bank buyout case
They were charged as executives of Wellex Group Inc., which co-owns the insolvent bank聽Express Savings Bank Inc. (ESBI).
On the other hand, the principal accused then LWUA chair and now Surigao Del Sur Rep. Prospero Pichay Jr. was charged with three counts of graft, three counts of malversation, one count of violation of MORB and one count of violation of Republic Act 8791 or General Banking Law of 2000, for leading the purchase by LWUA of the insolvent bank to save it from the brink of bankruptcy.
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According to the Ombudsman, Pichay and other LWUA officials approved the acquisition of the insolvent bank in 2009 despite audit findings that show that the bank suffered net losses and capital deficits for five straight years from 2005 to 2009.
READ: Arraignment of Gatchalians, Pichay reset anew
The acquisition took the effect of a financial rescue, as the LWUA officials bought 445,377 ESBI shares worth P101.363 million from the聽Gatchalian聽group that gave the agency 60-percent equity in the bankrupt bank.
Pichay and the other officials later injected P780-million LWUA funds to the bank to increase its authorized capital stock.
The聽Gatchalians聽of Wellex and other owners of the bank were also paid P80 million in the acquisition.
搁贰础顿:听Gatchalians聽say raps a political vendetta
The LWUA made the acquisition and transactions despite warnings by聽the Bangko Sentral ng Pilipinas (BSP), the Monetary Board of the BSP and the Department of Finance (DOF) about the ESBI鈥檚 fragile financial condition following a due diligence review that showed high liquidity and credit risks.
READ: Gatchalian, Pichay face criminal raps over bank buyout
The acquisition was also made without the requisite regulatory approvals from the BSP, its Monetary Board, the DOF and the Office of the President.
In ordering the filing of charges to the聽Sandiganbayan, Ombudsman Conchita Carpio-Morales said 鈥渋n view of the bank鈥檚 precarious financial standing at the time of the sale, the windfall received by herein private respondents must be deemed unwarranted benefit, advantage or preference.鈥澛RAM