MANILA, (PNA) –The Department of Justice (DOJ) has asked the Department of Foreign Affairs (DFA) to cancel the passports of the 39 respondents in the plunder charges in connection with the alleged misuse of Priority Development Assistance Fund (PDAF).
In the Oct. 23, 2013 letter of Justice Secretary Leila M. De Lima to Foreign Affairs Secretary Albert F. del Rosario, the DOJ requested “the expeditious cancellation of the passports” of persons who were charged for plunder, malversation, direct bribery and other graft and corrupt practices filed by the National Bureau of Investigation before the Office of the Ombudsman last Sept. 16 in connection with the alleged misuse of the PDAF by some members and employees of Congress, officers and employees of implementing agencies, and private persons acting as officers of spurious non-governmental organizations.
In her letter, De Lima raised various factual and legal bases that demonstrate the urgent and imperative need for the DFA to cancel the passports of the 39 respondents, as a decisive and positive means of preventing them from attempting to flee the Philippines.
She characterized such evasive acts as “being the only real viable option against the certainty of imprisonment once warrants of arrest start being issued,” especially in light of the clear and convincing evidence that resulted from the NBI’s investigations.
Notably, plunder is a non-bailable offense, hence, De Lima reasoned “the possibility that several of the subject persons will be in detention throughout the trial is high” thus creating “a strong probability that they will attempt to leave the country in order to evade arrest, detention and prosecution altogether.”
Further buttressing this strong possibility is the fact that some of the 39 respondents such as Atty. Jessica Lucila “Gigi” Reyes, Ruby Chan Tuason, Rodolfo Galido Plaza and Anton Adino Ortiz, Jr. left the country after the allegations against them were made public.
De Lima based the request of the DOJ on the 1987 Constitution and the Republic Act No. 8239, or the “Philippine Passport Act of 1996”.
Section 6, Article II of the Constitution expressly permits the limitation of the right to travel “in the interest of national security, public safety or public health, as may be provided by law.”
Section 4 of R.A. No. 8239 provides “[i]n the interest of national security… the Secretary [of Foreign Affairs] or any of the authorized consular officers may, after due hearing and in their proper discretion, refuse to issue a passport, or restrict its use or withdraw or cancel a passport….”
The 39 respondents are Senators Juan Ponce Enrile, Jinggoy Ejercito Estrada, and Ramon “Bong” B. Revilla, Jr., Masbate Gov. Rizalina L. Seachon-Lanete, former APEC party-list Rep. Edgar L. Valdez, former Agusan del Sur Rep. Rodolfo “Ompong” G. Plaza, former Benguet Rep. Samuel M. Dangwa, former Cagayan de Oro City Rep. Constantino “Tinnex” G. Jaraula, Atty. Jessica Lucila “Gigi” Reyes, Atty. Richard Cambe, Ruby Chan Tuason, Pauline Labayen, Jose R. Sumalpong, Jeanette Dela Cruz, Erwin Dangwa, Carlos Lozada, Alan A. Javellana, Gondelina G. Amata, Antonio Y. Ortiz, Dennis L. Cunanan, Salvador S. Salacup, Jocelyn D. Piorato, Mylene T. Encarnacion, John Raymund S. De Asis, Evelyn D. De Leon, Ronald John B. Lim, Victor Roman Cacal, Romulo M. Relevo, Maria Ninez P. Guanizo, Ma. Julie A. Villaralvo-Johnson, Rhodora B. Mendoza, Alexis G. Sevidal, Sofia D. Cruz, Chita C. Jalandoni, Gregorio G. Buenaventura, Francisco B. Figura and Marivic V. Jover.