Sandiganbayan denies Dennis Cunanan’s motion to travel to US

After receiving favorable rulings from the two divisions of the Sandiganbayan, on-leave Technology Resource Center (TRC) director general Dennis Cunanan's planned month-long trip to the United States will still not push through.

 

In a ruling issued on December 19 and made available to the media on Tuesday, the anti-graft court's Third Division denied Cunanan's urgent motion for leave of court to travel to Missouri, USA from Dec. 29, 2014 to Jan. 20, 2015, “for lack of merit.”

 

The Third Division's ruling came days after the First Division and Fifth Division of the anti-graft court granted a similar motion of Cunanan on December 19 and December 9, respectively.

 

Cunanan is facing seven counts of graft before the First, Third and Fifth Divisions of Sandiganbayan in connection with his alleged involvement in the multi-billion peso pork barrel fund scam.

 

In his motion separately filed to the three divisions of the Sandiganbayan on December 2, Cunanan pleaded to be allowed to go to Missouri to be able to attend to his duties and responsibilities as secretary general of the multi-national non-govenment organization Junior Chambers International (JCI).

 

Cunanan said he was directed by the JCI World President to report to the JCI world headquarters based in Missouri anytime in the month of December 2014 “to attend to pressing organizational concerns and to personally prepare and submit the administrative and financial reports of JCI for the year 2014.”

 

Cunanan said he was also instructed by the JCI World President to attend and prepare the world headquarters for the annual board meeting of the new sets of officers to be held on January 11 to 18, 2015.

 

Cunanan claimed that his presence during the said board meeting “is indispensable, imperative and critical to the JCI as it is the transition period from 2014 Board of Directors to the new Boad of Directors of 2015.”

 

Cunanan's term as secretary general of the JCI is set to expire on Dec. 31, 2016 yet.

 

Cunanan insisted that if he will not be allowed to attend to his duties to the JCI, he runs the risk of being compelled to relinquish his position which he said is his sole source of support for his family.

 

Further, Cunanan said he is not a flight risk as shown by numerous occasions that he always returned to the Philippine after he was permitted to travel abroad when the case was still pending preliminary investigation before the Office of the Ombudsman.

 

The Third Division, however, viewed it otherwise.

 

In its four-page ruling, the Third Division pointed out that with seven counts of graft pending before the three divisions of Sandiganbayan, Cunanan can be considered a flight risk.

 

“The court is of the view that the above circumstances constitute strong and compelling reasons for the accused-movant not to return to the country if allowed to travel abroad,” the ruling read.

 

The court said that like in his previous motions to travel abroad, Cunanan, in his latest motion, has not been able to present the necessity or urgency of his intended travel.

 

The three divisions of the Sandiganbayan have repeatedly junked several motions to travel abroad filed by Cunanan throughout the entire year since the graft cases were filed against him by the Office of the Ombudsman in June.

 

“While the accused-movant has a personal interest to protect in reporting to the JCI headquarters in the USA, this personal interest cannot override the Court's inherent power to preserve and to maintain the effectiveness of its jurisdiction over these cases and over the person of the accused,” the Third Division said.

 

The court pointed out that while the right to travel is guaranteed under Section 8 Article III of the 1987 Constitution, “this right is not absolute.”

 

“It is firmly settled that holding an accused in a criminal case within the reach of the courts by preventing his departure from the Philippines must be considered as a valid restriction on his right to travel so that he may be dealt with in accordance with the law,” the court said. — RSJ, GMA News