Court rebukes Sen. Gatchalian over motion to join Duterte China trip
Senator Sherwin Gatchalian. MARC JAYSON CAYABYAB/INQUIRER.net
The Sandiganbayan Fourth Division on Thursday reprimanded Senator Sherwin “Win” Gatchalian for pressuring the court to resolve his travel motion to China as part of the Philippine delegation of President Rodrigo Duterte.
Gatchalian attended the hearing of his travel motion as he faces charges of graft, malversation and violations of bank regulations over an anomalous buy-out of a bank the family co-owns.
Gatchalian filed an urgent motion for leave to travel to China as a member of the Philippine delegation for Duterte’s trade mission.
But the court said it would not allow Gatchalian special treatment especially because he did not follow the procedure.
The court said Gatchalian violated the three-day notice for an accused to file an urgent motion three days before the scheduled hearing. Gatchalian filed his travel motion on Wednesday, the hearing was scheduled on Thursday.
“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,” division chairman Associate Justice Jose Hernandez said in court.
“You’re pressuring us for time,” he added.
Associate Justice Alex Quiroz added that he does not want the court to be perceived as giving special treatment to Gatchalian because of his position as senator.
“The right to travel is a constitutional right that must also comply with procedure… Kung governor, mayor, baka, eh senador yan, incumbent pa!” Quiroz said in court.
Gatchalian through his lawyers also asked the court to amend his motion.
In his motion to travel, Sen. Gatchalian initially asked the court’s nod to join Duterte’s state visits to Brunei on Oct. 16, and from Brunei to China on Oct. 18 to join Duterte’s trade mission.
Gatchalian said he would no longer be joining Duterte’s Brunei state visit, and would instead proceed to China for the trade mission from Oct. 18 until Oct. 21.
The court ordered Gatchalian to submit his amended travel motion by lunch time, and to the Office of the Special Prosecutor to submit a comment opposition before 4:30 p.m. today.
The court also ordered Gatchalian to cite a compelling reason he should be part of the delegation.
In an interview after the hearing, Sen. Gatchalian said his motion for leave was filed at the last minute because he was just invited on Monday as an observer in the delegation.
He said he looked forward for the Philippine government to renew strained ties with China following an arbitration case filed by the Philippines against Beijing over the West Philippine Sea dispute.
“Very significant because China is one of our strongest and wealthiest neighbor. Maraming opportunities para sa atin, but because of the issue with West Philippine Sea, that has strained relations. This is new, that’s why we’re observing possible avenues the administration may take,” Gatchalian said.
Asked about the court’s position to stand by the procedures, Gatchalian said he respected the opinion of the court even if it rules against his motion.
“I respect the opinion of the court. Definitely they would know best. And again if hindi tayo papayagan then I would respect the decision of the courts. They have their own rules just like the Senate, we have our own rules. And thats how the country should govern – following and respecting each other’s rules,” Gatchalian said.
In his travel motion, Sen. Gatchalian said he would be on the same chartered flight as Duterte going to China.
Sen. Gatchalian said he is not a flight risk and he has secured a travel authority from Senate President Aquilino “Koko” Pimentel III. Pimentel’s office has also asked the Department of Foreign Affairs to grant Gatchalian a diplomatic passport.
Gatchalian said he has always been respectful of the court and its processes.
“Accused is not a flight risk. He is an incumbent senator of the Republic of the Philippines, who is sworn to respect our laws and institutions,” Sen. Gatchalian said in his motion.
Gatchalian also told the court he was willing to be conditionally arraigned for the court to resolve his motion, and to pay a travel bond.
Sen. Gatchalian asked the court’s leave just a day after the court granted a similar motion for travel of his brother Valenzuela Rep. Weslie Gatchalian to join the Philippine delegation.
READ: Rep. Gatchalian asks court nod to travel to China with Duterte | Court allows Gatchalian to travel to China with Duterte
In his motion to travel, Rep. Gatchalian asked the court for permission to travel as the country’s delegate to the People’s Republic of China for a trade mission of the Base Conversion Development Authority from Oct. 18 to 22.
Rep. Gatchalian through his lawyers said he would accompany the president and would advise him in discussions with the Chinese.
The Gatchalian brothers are co-accused in the cases for graft, malversation and violation of bank manual involving members of his family over the allegedly anomalous buyout of the family’s insolvent bank by the Local Water Utilities Administration (LWUA).
READ: Gatchalian seeks dismissal of LWUA case | Pichay seeks dismissal of bank buyout case
Sen. Gatchalian, Rep. Gatchalian, and their parents, so-called “Plastics King” business magnate William Gatchalian and Dee Hu Gatchalian, 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).
They were charged as executives of Wellex Group Inc., which co-owns the insolvent bank Express Savings Bank Inc. (ESBI).
Meanwhile, the principal accused then LWUA chair 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.
READ: Gatchalian clan attends arraignment in LWUA case | Arraignment of Gatchalians, Pichay reset anew
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.
The acquisition took the effect of a financial rescue, as the LWUA officials bought 445,377 ESBI shares worth P101.363 million from the Gatchalian 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 Gatchalians of Wellex and other owners of the bank were also paid P80 million in the acquisition.
READ: Gatchalians say raps a political vendetta | Gatchalian, Pichay face criminal raps over bank buyout
The LWUA made the acquisition and transactions despite warnings by the Bangko Sentral ng Pilipinas (BSP), the Monetary Board of the BSP, and the Department of Finance (DOF) about the ESBI’s fragile financial condition following a due diligence review that showed high liquidity and credit risks.
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 Sandiganbayan, Ombudsman Conchita Carpio-Morales said “in view of the bank’s precarious financial standing at the time of the sale, the windfall received by herein private respondents must be deemed unwarranted benefit, advantage or preference.” CDG
