Sen. Sherwin Gatchalian. INQUIRER.net FILE PHOTO / NESTOR CORRALES
Senator Sherwin Gatchalian has asked the Sandiganbayan for leave to travel to Germany from April 22 to 30 to attend a study information program for politicians.
In his motion for leave filed before the anti-graft court’s Fourth Division, Gatchalian asked for leave to travel to Germany to attend the study information program of the Friedrich-Ebert-Stiftung, a German non-profit foundation, on the transformation of energy supply.
Gatchalian said his attendance to the education program would provide him insights on how to utilize nuclear and renewable energy, being the chairperson of the Senate committee on energy.
During the program, he would also be given an opportunity to meet with his counterparts from the German government in the areas of economic development and energy.
Gatchalian said he would be able to meet with Gabi Weber, deputy chair of the German Bundestag, Committee on Economic Cooperation and Development, as well as Ursula Boral, Johan Saathoff and Nina Scheer, all of the Committee on Economic Affairs and Energy of the German Parliament.
“His participation in the program will enable him to observe and learn the application of technologies to safely harness nuclear energy, as well as the methods of identifying and utilizing renewable energy sources,” Gatchalian said in his motion through his lawyers.
Gatchalian said he was not a flight risk, noting that the court earlier granted his motion for leave to travel to Tokyo, Japan, from April 12 to 16 to celebrate the Holy Week with family.
He maintained that he had always been respectful of the anti-graft court and its processes.
The senator appealed that the P270,000 travel bond he posted in October last year and had not yet withdrawn be used for his latest travel motion.
Gatchalian still asked permission for leave because the court’s dismissal of his criminal charges for graft, malversation and violation of bank manual charges over an anomalous bank buy-out was under appeal.
READ: Ombudsman prosecutors appeal dismissal of Gatchalian’s LWUA case
https://newsinfo.inquirer.net/843463/ombudsman-prosecutors-appeal-dismissal-of-gatchalians-lwua-case
State prosecutors appealed the dismissal of the graft, malversation and violation of bank manual charges against Gatchalian, noting that his role was crucial in the anomalous buyout by the government of the family’s insolvent bank Express Savings Bank Inc. (ESBI).
In a motion for partial reconsideration, the Office of the Special Prosecutor said that the consummation of the acquisition of the Express Savings Bank Inc. (ESBI) by the Local Water Utilities Administration (LWUA) would not have happened without Gatchalian’s role.
READ: Gatchalian ‘vindicated, humbled’ by dismissal of LWUA cases
The prosecutors also appealed the dismissal of the malversation cases against all the accused, including Gatchalian and former LWUA chair and now Surigao Del Sur Rep. Prospero Pichay Jr.
The panel said Pichay as LWUA board chair was in control of the LWUA funds used to buy 60 percent of ESBI’s shares, which means he should be indicted for malversation.
The panel also appealed the dismissal of the malversation rap against the bank officials — among them members of the Gatchalian clan — because of their role in the alleged misappropriation of the LWUA funds.
“The record is replete with proofs that they all contributed indispensable acts which led to the completion of the illegal transaction resulting in misappropriation of the LWUA funds,” the prosecutors said.
The prosecution also appealed the lack of probable cause for violation of Republic Act 8791 or General Banking Law of 2000, against Pichay and other officials.
The prosecution said Pichay paved the way for the takeover of the ESBI without seeking prior Monetary Board approval, an endorsement or clearance from the Department of Finance and approval from the Office of the President.
The panel likewise sought to reverse the dismissal of charges for violating the Manual of Regulation for Banks (MORB) against Gatchalian and members of his family—his father William Gatchalian, mother Dee Hua Gatchalian and brothers Valenzuela Rep. Weslie Gatchalian and Kenneth Gatchalian.
This was because of their failure to seek the Monetary Board’s prior approval of the transfer of shares as officials of the ESBI.
The prosecutors urged the court to retain the finding of probable cause earlier found against the accused by the Ombudsman.
“Thus, in the main, with due respect to the Honorable Court, the findings of probable cause by the Office of the Ombudsman should have been left to stand,” the prosecution said.
READ: Raps lowered vs Pichay, Gatchalians
Meanwhile, Pichay filed a motion for partial reconsideration seeking to reverse the finding of probable cause against him for graft and violation of the MORB.
READ: Pichay seeks dismissal of bank buyout case
Pichay added that his case should be dismissed over inordinate delay because the Ombudsman took six years in disposing the case—the Ombudsman started its fact-finding in 2010 and ended preliminary investigation May 2016.
Pichay said he was denied of his constitutional right to a speedy disposition of his case.
Meanwhile, Gatchalian, as then officer of Forum Pacific Inc. (FPI), appealed the finding of probable cause for graft, noting that FPI as a corporate shareholder of ESBI had no involvement in the LWUA takeover of ESBI.
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 Gatchalian 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. CBB
READ: What Went Before: Local Water Utilities Administration (LWUA)