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  • I - Crim - SB-21-CRM-0010&0011 - People Vs Faeldon, Etal - 09 - 14 - 2022

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    Joseph Raymund Bautista
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    I_Crim_SB-21-CRM-0010&0011_People vs Faeldon,etal_09_14_2022

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    I - Crim - SB-21-CRM-0010&0011 - People Vs Faeldon, Etal - 09 - 14 - 2022

    Uploaded by

    Joseph Raymund Bautista

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 6
    Republic of the Philippines Sandiganbayan ‘Quezon Cy FIFTH DIVISION PEOPLE OF THE PHILIPPINES, —_SB-21-CRM-0010 & 0011, Plait For: Violon of econ 3) OfRLA. No 201, es anended versus Preset: NICANORE.FAELDON,ET AL, LAGOS,./, Chairperson, Accused. MENDOZA-ARCEGA, and CORPUS-MANALAG, JJ. Promulgated: 4 7 RESOLUTION (CORPUS-MANALAC, J: [Before this Court is the MOST RESPECTFUL AND VERY URGENT MOTION TO BE ALLOWED VERY BRIEF OVERSEAS BUSINESS TRAVELS dated September 12, 2022 filed by accused Nicanor E. Facldon, through counsel, on even date, praying that he be permitted to travel abroad from, September 16 to 30, 2022 and from October 15 to 22, 2022. ‘The allegations therein are hereby reproduced verbatim: 1. In his former capacity asthe Customs Commissioner, herein Aerated ‘was able to forge old busines elationships with foreign partners and cer stakeholders who were and stl areal wing to elp in the improvement of our county's ecosomy. It sin such former capacity ‘at herein Accused was informally taped to toeh-base once again with hose foreign partners and other stkcholders, 2. As song business relationships are built and fostered on fco-to-face tnd persoal encounters snd firm handsbtkes, herein Accused fe, and ‘with this Honorable Court's Kind permission, to leave on the Tolowing dteloomiis: United States of Americ September. 16:30, 2022 (PRI26 Ma, Keno ase mi) cy f South Korea Ostobe 15-22, 2022 (ght det to fotow). Resolution 2 ‘SB-21-CRM.0010 & 0011 People. Falion, etal 3. Herein Accused shall filly comply wih ll ofthe conditions wo be iposedrequted by thi Hosonble Court (Underscoring nthe origina) He further avers that “[ola his honor, as a former (soldier and a Marine, he slates, commits and undertakes” that, viz. (a) he isnot a flight risk; (®) he has no reason or intention to flee from the jurisdiction of this, ‘Cours (c) his entre family and means of livelihood are in the Philippines, ‘thus he has no reason to reside elsewhere; (2) he has timely and actively participated in all the proceedings and complied with all of this Court's, order and resolutions; and (e) he shall immediately inform the Court of his arrivals within 24 hours thereto, On the same day, the prosecution filed its OPPOSITION dated September 12, 2022, praying thatthe motion be denied for lack of merit, on several grounds, viz (a) the failure of accused-movant to show the necessity ‘and urgency of the travel requested, including in what capacity he is meeting ‘with such alleged foreign partners and who he is representing in the said meetings, and why the same should be conducted face to face instead of ‘online or virtual conference and for such a long period; (b) the failure to mention the names of the said foreign partners and stakeholders, as well as the nature of businesses involved; (¢) there was no mention of the travel inerary abroad, ie. the place where he would be staying in, his contact ‘details while ouside the country, the venue of the meetings abroad, and the contact details of his alleged partners; (d) the failure of his counsel to execute an affidavit of undertaking to guarantee his return to the country, as the tisk of flight, as well as the failure to attach a copy of his passport; () he has. pending complaints for investigation before the Office of the Ombudsman; (f) he and his family, as well as their means of livelihood, could easily be relocated abroad should he choose to abscond; and (2) the ‘motion should have been filed with leave of court and on two separate fccasions as the intended travels are in two different countries and during, two different periods On September 13, 2022, the accused-movant filed a REPLY dated September 12, 2022, alleging that he is willing to post the travel bond in such amount thatthe Court may determine; that no immediate member of his family wil join him on the requested foreign travels; and that the U.S.A. and South Korea are countries which have an extradition treaty with the Philippines. To fully capture the accused-movant’s disposition in his reply, the other allegations therein are hereby reproduced verbatim: 3. Iopposing our Moon on the ground that it lacks materia particulars, the People overlooked the fac that we erated and reterted in ott sid Motion thatthe Aceused/Movant would fully comply with ALL the eontionsrequirements this Court would impose; dof Resoistion 3 SB-21-CRM-0010 0011 Peoples. Paeldon, etal 4. Herein Accusei/Movant could ot es yet fish the Court with exact

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