Government prosecutors have opposed businessman Jaime Dichaves’ motion to lift the hold departure order against him, as well as the attachment order on his properties, saying he may just use it to frustrate the ends of justice.
The Office of the Special Prosecutor (OSP) said Dichaves’ criminal case is not considered terminated even though the Office of the Ombudsman has been directed to conduct a preliminary investigation on the matter.
Dichaves is a coaccused in former President Joseph Estrada’s plunder case, but has not been tried for it because he left the country before the case was brought to court.
Late 2010, he asked the Sandiganbayan, through his lawyer, for a preliminary investigation on the case. His plea was granted earlier this year, and his arrest warrant was also recalled. Recently, he also sought the lifting of the hold departure order and writ of attachment on his properties.
In their comment to Dichaves’ motion, the OSP said that given the “peculiar circumstances” of this case, the hold departure order should not be lifted.
It said that Dichaves’ motion should only be resolved by the court when he is already in the Philippines and intends to leave the country, since a hold departure order would only restrict a person from leaving and not arriving here.
It also noted that Dichaves could freely return to the Philippines since his arrest warrant has been recalled, but it said that the businessman has not come back to the country. Leila B. Salaverria