Sen. Gatchalian reprimanded by Sandiganbayan for last-minute filing of travel motion

Senator Sherwin Gatchalian earned a reprimand from the justices of the Sandiganbayan Thursday for violating the three-day notice rule for filing a travel motion.

Gatchalian asked the court to allow him to travel to China from Oct. 18 to 21 just a day before the hearing.

During Gatchalian’s conditional arraignment before the Fourth Division, Justice Jose Hernandez scolded the senator for “pressuring” the court for time to resolve his urgent motion for leave to travel abroad since he only filed the document on Wednesday.

“I’ve been here for 15 years and I tell you it has never happened before. To be candid, we don’t want to be accused of giving preference to the accused. That’s the worst thing that could happen to the judiciary,” Hernandez said.

Justice Alex Quiroz said government officials with a pending case before the Sandiganbayan should follow the proper procedure in filing their motions.

“The right to travel is a constitutional right that must also comply with procedure. Kung governor o mayor baka, eh senador ‘yan, incumbent pa,” he said.

In his original travel motion, Gatchalian asked the court for permission to leave the country to join President Rodrigo Duterte in his state visits to Brunei and China from Oct. 16 to 21.

During the hearing, however, the senator said he will no longer push through with the Brunei trip and will only be with Duterte during his visit to China.

Despite the reprimand, the justices gave Gatchalian time to amend his motion and explain why he should be allowed to leave the country despite his pending trial for graft and other criminal charges.

Facing reporters after the hearing, the senator said he only received the verbal invitation to join Duterte’s trip on Monday.

He said he will be part of the President’s official delegation as an observer.

The senator said he respects the justices' opinion and any decision they would render regarding his motion.

"I respect the opinion of the court. If 'di tayo papayagan, I will respect the decision. They have their own rules, just like the Senate," he said.

Gatchalian needed to be conditionally arraigned so the court can assume jurisdiction over him in considering his travel motion.

The senator, along with his parents and brothers Valenzuela City Rep. Weslie Gatchalian and Kenneth, are facing three counts of violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, three counts of Malversation of Public Funds as defined under Article 217 of the Revised Penal Code, and violation of Republic Act 8791 or General Banking Law of 2000 and the Manual of Regulation for Banks over Local Water Utilities Administration’s acquisition of Express Savings Bank Inc. (ESBI) in 2009 for P80.003 million.

The ESBI is a local thrift bank based in Laguna jointly owned by the Forum Pacific Inc. (FPI) and the Gatchalian family’s WELLEX Group Inc. (WGI).

The Sandiganbayan has granted Weslie’s request to travel to China for Duterte’s state visit. The congressman’s motion, however, was filed on Oct. 6. —KG, GMA News