Sandiganbayan denies Pharmally exec Dargani's travel request

The Sandiganbayan has denied the bid of Pharmally official Mohit Dargani to travel to Spain, Germany, and Thailand due to lack of merit amid a pending graft charge against him.

The anti-graft court, in a November 7 resolution, said Dargani’s planned trips abroad makes him a flight risk because aside from being a Filipino citizen, Dargani also has a Spanish citizenship which means he can easily travel across many countries without the impediment of seeking a visa.

“This [dual citizenship] fact presents a heightened flight risk, as it affords the accused the facility to easily enter and remain in a foreign jurisdiction, potentially complicating or frustrating extradition procedures, should he fail to return,” the Sandiganbayan said.

Dargani is facing graft charge over the alleged overpriced P4.4 billion purchase of medical supplies from Pharmally by the Department of Health during the COVID-19 pandemic.

Likewise, the Sandiganbayan said that Dargani cannot invoke the Supreme Court decision in the Sy v. Sandiganbayan and People of the Philippines case because the accused in the said case is not a dual citizen like Dargani but a Filipino citizen.

“In [the] Sy [decision], there was no evidence presented to counter his status as a Filipino citizen or show that he is a citizen of his destination country that would enable him to have a prolonged stay therein. In this case, accused Mohit Dargani admitted to being a dual Filipino-Spanish citizen and only admitted to being a dual Filipino-Spanish citizen with a Spanish passport during the hearing on his motion for travel,” the anti-graft court said.

“The failure to disclose these relevant facts in the initial motion casts serious doubt on the genuineness and sincerity of his intentions and willingness to return to the Philippines. The fact that the accused's co-accused sister, Twinkle Dargani, remains at-large further heightens the court's concern regarding the possibility of evasion. These factors collectively indicate that the accused is a heightened flight risk, despite his claims of having strong ties to the Philippines,” it added.

Dargani, in seeking the court’s permission to travel overseas, cited he has a medical check up and will pay his family a visit in Madrid, Spain from November 10 to 16, attend Medica Trade Fair in Germany from November 16 to 22, a business meeting in Barcelona from November 21 to 24, and a cousin’s wedding in Thailand from November 24 to 28.

The anti-graft court said Dargaini failed to provide proper documentation that these trips are necessary, and not a matter of leisure.

“It should be emphasized that the accused bears the burden of showing that seeking medical care in Madrid, Spain is necessary due to a threat to health or that he is suffering from a serious medical condition. As correctly argued by the Prosecution, the accused failed to show that he suffers from a rare or critical illness that cannot be competently diagnosed, treated, or managed by the medical professionals and facilities available in the Philippines,” the Sandiganbayan said.

“The claim that medical check-ups in Spain are covered by their national health insurance, while a matter of convenience, does not constitute an indispensable necessity to override the court's jurisdiction,” it added.

As to the Medica Trade Fair, the Sandiganbayan said Dargani failed to explain in detail as to why his physical presence is absolutely necessary and why attendance via videoconferencing or delegation to a business partner is unavailable or would cause material, irreparable damage to his interests.

Further, the court said Dargani’s planned attendance at a cousin's wedding in Thailand, if there is indeed a wedding, is a matter of personal leisure or convenience.

“It is in no way indispensable to the life or liberty of the accused. Furthermore, the supporting "invitation" was properly questioned by the Prosecution for being a mere general announcement and not a specific, signed invitation to the accused,” it said.

In sum, the Sandiganbayan maintains that it must prioritize the efficient administration of justice over the accused's mere personal convenience.

“After a careful consideration of the arguments raised by the parties and the accompanying documents submitted by accused Mohit Dargani, the court resolves to deny accused's motion for lack of merit. The grounds for travel are either routine, can be conducted remotely, or are purely for leisure,” the court said.

“Coupled with the material non-disclosure of his dual citizenship and the attendant flight risk, the court cannot be assured that the accused will faithfully comply with the condition of his provisional liberty and return as promised. Accordingly, premises considered, the Urgent Motion For Leave of Court to Travel Abroad dated October 29, 2025, filed by accused Mohit C. Dargani, is denied,” it added.—AOL, GMA Integrated News