Sandiganbayan orders 3 accused in Malampaya fund scam to post bail anew

The Sandiganbayan has ordered three accused in the graft and malversation cases in the P900-million Malampaya fund scam to post bail anew due to non-payment of surety bond premiums. 

In a resolution dated January 3, the Sandiganbayan granted Investors Assurance Corporation’s (IAC) entry of special appearance with motion to cancel the surety bonds of accused Evelyn De Leon, Gerald Apuang and Alejandro Garro.

The court said that while it issued three separate release orders to de Leon, Apuang, and Garro on December 22, 2017, approving the surety bonds posted by the IAC, these accused were duty-bound to pay the annual premiums.

“The Court finds the subject motions meritorious. The records show that accused De Leon, Apuang, and Garro do not dispute the IAC’s claim in its present motions regarding the alleged non-payment of their premiums,” the Sandiganbayan said.

In support of its motions, the IAC attached the written demand letters it sent to the accused, where it reiterated their obligation to pay their corresponding annual premiums.

Likewise, it cited Office of the Court Administrator (OCA) Circular No. 102 2015, which provides, among others, the obligation of the accused/ defendant to pay the annual premium necessary for the renewal of the surety bond previously approved by the court.

It also provides that a surety company may be discharged from its obligation because of the accused’s failure to pay premiums; and, it shall notify the court within 10 days from the occurrence of such fact, and the court shall decide accordingly.

The IAC also argued that De Leon, Apuang, and Garro continue to refuse to acknowledge its right to collect annual premiums and that they have not expressed their intention to settle their obligations.

“Wherefore, the IAC’s three motions to cancel bond with respect to accused De Leon, Apuang and Garro are granted. Consequently, it (IAC) is discharged from its obligation as the surety company for the said accused in these cases. Accused De Leon, Apuang and Garro are directed to post anew their bail bonds for their continuing provisional liberty within a period of thirty (30) days from notice of this Court’s Resolution," the Sandiganbayan said.

De Leon said the IAC is no longer an accredited surety company of the OCA and agreed that the IAC should be discharged as her surety company in these cases.

In addition, de Leon asked the Sandiganbayan to give her a 60-day window so she could secure the services of a new surety company and post the required bail bond for her provisional liberty.

Apuang and Garro told the court that they are in financial distress and that they could not afford to pay the annual premiums demanded by the IAC.

They also said that they were not aware that they were required to pay annual premiums to the IAC and that the same would earn interest in the event of non-payment.

Apuang and Garro asked the court to allow them to post another surety bond for their provisional liberty within 90 days. — VBL, GMA Integrated News