By Benjamin Pulta
MANILA – The Anti-Money Laundering Council (AMLC) has filed civil forfeiture suits at the Manila Regional Trial Court (RTC) and secured asset preservation orders over frozen properties of individuals and corporations implicated in the ghost flood control projects.
“Following the extensive investigation and finding of probable cause, the AMLC filed three petitions for civil forfeiture before the Regional Trial Court (RTC) in Manila. The petitions cover the properties of individuals and entities subject to several freeze orders issued by the Court of Appeals,” the AMLC said in a statement on Wednesday.
The ALMC added that the RTC has issued two provisional asset preservation orders in connection with the petitions filed, “aimed at safeguarding monetary instruments and properties pending the Court’s final decision.”
Civil forfeiture is a legal proceeding against property suspected to be the proceeds or instrumentalities of crime, rather than against a person, where the government can seize assets such as ill-gotten wealth without needing a criminal conviction and based on a lower burden of proof known as “balance of probabilities”. Its purpose is to take away the criminal organization’s financial power and recover public funds.
“Given the scale and intricacy of the data, the AMLC is proceeding with deliberate care to ensure that all evidence is complete and accurate,” AMLC said.
“This is essential not only to uphold the integrity of the investigation but also to ensure that the cases, once filed, are supported by robust and admissible evidence capable of withstanding judicial scrutiny,” it added.
It said the filing of civil forfeiture cases is the final step to ensure the recovery of illicit proceeds linked to flood control project anomalies.
“The action marks the first of several petitions to be filed, all aimed at recovering funds tied to corrupt practices involving flood control projects,” it added.
The first freeze order issued by the Court of Appeals last September covered 135 bank accounts and 27 insurance policies of individuals and corporations.
By the end of September, the AMLC said the total value of frozen assets stands at PHP2.9 billion
By last December, the AMLC said the CA has issued freeze orders on 4,679 bank accounts, 283 insurance policies, 255 motor vehicles, 178 real properties, 16 e-wallet accounts, and three securities accounts with a total value of PHP13 billion. (PNA)
