Miriam Defensor-Santiago was charged with violation of Section 3(e), Republic Act No.

3019, otherwise
known as the Anti-Graft and Corrupt Practices Act before the Sandiganbayan. An order of arrest was
issued against her with bail for her release fixed at P15,000.00. She filed an "Urgent Ex-parte Motion for
Acceptance of Cash Bail Bond". The Sandiganbayan issued a resolution authorizing the Santiago to post
cash bond which the later filed in the amount of P15,000.00. Her arraignment was set, but she asked for
the cancellation of her bail bond and that she be allowed provisional release on recognizance. The
Sandiganbayan deferred the arraignment. Meanwhile, it issued a hold departure order against Santiago
by reason of the announcement she made, which was widely publicized in both print and broadcast
media, that she would be leaving for the U.S. to accept a fellowship at Harvard University. She directly
filed a "Motion to Restrain the Sandiganbayan from Enforcing its Hold Departure Order with Prayer for
the Issuance of a Temporary Restraining Order and/or Preliminary Injunction" with the SC. She argued
that the Sandiganbayan acted without or in excess of jurisdiction and with grave abuse of discretion in
issuing the hold departure order considering that it had not acquired jurisdiction over her person as she
has neither been arrested nor has she voluntarily surrendered. The hold departure order was also issued
sua sponte without notice and hearing. She likewise argued that the hold departure order violates her
right to due process, right to travel and freedom of speech.

Issues: