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Sandiganbayan OKs Disini trip abroad

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abs-cbnNEWS.com | 11/08/2009 7:15 PM

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MANILA - The Sandiganbayan First Division late Friday issued a travel permit to businessman Herminio Disini for a week-long trip to China, overruling objections from government prosecutors.

Defense lawyer Anna Leah Y. Tiongson of the Bernas Law Offices said Disini has to attend business conferences in Beijing and Shanghai, China from November 5 to 12, 2009.

Disini surprised court officials last October 22 when he showed up in person before Atty. Estella Teresita Rosete, First Division clerk of court 'in order to erase suspicion that he is already abroad at the time of application for permit to travel.'

Despite the prosecution's fears that Disini is a flight risk and may not return to the country to face trial on corruption charges, the Sandiganbayan granted Disini's request on a P100,000 travel bond.

Tiongson likewise issued a personal commitment to accompany Disini on his travels to make sure that he 'will faithfully adhere to the itinerary of the terns of the permission granted.'

The Sandiganbayan ordered Disini to appear in person before the First Division within five days of his scheduled return on November 12 whether or not he was able to proceed to his business trip.

Likewise, the anti-graft court cautioned the defense that it will no longer postpone trial in his cases even if he decides not to return. In such eventuality, court notices and orders will be served to his lawyers on the defendant's behalf.

"If the accused should not present himself at the hearings of this case despite due notice to him as above described, he shall be deemed to have waived his presence at the hearings; and such waiver shall not preclude this Court from forfeiting his original and travel bonds and the issuance of a warrant for his arrest for non-compliance with these requirements," the Court warned.

Alleged huge bribes to Marcos

Disini is facing charges of graft and corruption of public officials before the graft court and is required to secure clearance from the Sandiganbayan before he can leave the country.

The cases stemmed from allegations that he offered huge bribes to the late former strongman Ferdinand Marcos to secure the Bataan Nuclear Power Plant design and construction deals for American firms Burns and Roe and Westinghouse Electric Corp., respectively.

In a motion filed last May 28 Disini, sought a six-month suspension of trial claiming he needs to time to recover from various illnesses.

Makati Medical Center cardiologist Juanita G. Zagala and nephrologist (kidney specialist) Claver P. Ramos even issued medical certificates saying Disini is suffering from 'significant coronary and hypertropic heart disease induced by 26 years of diabetes melitus', aside from 'moderate renal failure'.

Both physicians advised him to get 'plenty of rest in a peaceful and friendly environment' and warned him to avoid being 'exposed to cardiac stress like a court hearing, which can be life threatening'.

Disini, a golf buddy of the late Marcos, left the country after the EDSA People Power Revolt in February 1986 and was later rumored to have bought a castle in Austria along with a title of nobility.

However his lawyers said he returned to the Philippines on his own accord on May 10, 2001.