Court freezes clan’s billions
June 08, 2011
BY JOMAR CANLAS REPORTER
THE Court of Appeals has frozen billions of pesos worth of assets of the Ampatuan political clan covering 743 bank accounts, 132 motor vehicles, 113 houses and lots and 140 firearms.
In a 23-page resolution dated June 6, 2011 that was obtained by The Manila Times, the appellate court’s Second Division directed 28 banks, the Philippine National Police-Firearms and Explosive Office, Land Transportation Office and the Registers of Deed of Davao City, Maguindanao province and Cotabato City to immediately freeze the assets of the entire Ampatuan clan and their alleged conduits.
The resolution was penned by Associate Justice Celia Librea-Leagogo and was concurred in by Associate Justices Bienvenido Reyes and Elihu Ybañez.
The freeze order covered 28 respondents from the Ampatuan clan headed by patriarch and former Gov. Datu Andal Salibo Ampatuan Sr. of Maguindanao, wife Hadja Bai Laila Uy Ampatuan, former Mayor Datu Andal Uy Ampatuan Jr., suspended Gov. Zaldy Puti Uy Ampatuan of the Autonomous Region in Muslim Mindanao (ARMM), Zaldy Uy Ampatuan, Sajid Islam Uy Ampatuan and several others.
Also covered by the freeze order, which shall last for 20 days unless extended by the appellate court, were Deal Gems and Jewelries Pawnshop, Maguindanao Electric Cooperative and the concerned branches of Banco de Oro, Unibank, Bank of Philippine Islands, BPI FAmily Savings Bank, Development Bank of the Philippines, Coop Bank of Cotabato, East West Banking Corp., Philippine AXA Life Insurance Corporation, one Network RB Inc. and several other conduits or firms.
Inch-thick documents from the Anti-Money Laundering Council (AMLC) indicated that the total aggregate amount or total value of the allegedly ill-gotten wealth of the Ampatuans “amassed, accumulated or acquired by the subject individuals is way above the threshold amount of P50 million.”
Enough grounds
“This court has sufficient grounds to issue a freeze order against the subject bank accounts and other properties pursuant to Section 10 of Republic Act 9160, the AMLA Act of 2001, as well as Rules 10.1 and 10.6 of its Revised Implementing Rules and Regulations; unless the bank accounts and other properties subject to this petition are frozen and placed under custody of the law,” the court said.
AMLA is the Anti-Money Laundering Act.
The Evaluation Report of the Office of the Ombudsman, citing the Ampatuan Lifestyle Check Panel, said that Ampatuan Sr. alone allegedly “has amassed unexplained wealth manifestly and excessively out of proportion to his legitimate income for the years 2000 to 2009 in the aggregate amount of P183,424,326.71 based on net worth method.”
Travels abroad
The older Ampatuan also failed to declare in his Statements of Assets, Liabilities and Net Worth (SALN) P90.463 million covering his 27 houses and lots located in Shariff Aguak, Cotabato City and Davao City.
He also owns 91 vehicles with an estimated value of P111.235 million with some registered in his name and some under his wife’s.
The older Ampatuan also has 23 firearms worth almost P24 million and traveled abroad 20 times from 2000 to 2009.
The AMLC report showed that Zaldy Ampatuan owned at least 38 houses and lots located in Shariff Aguak, Cotabato City; Metro Manila and Davao City with an estimated worth of P58.488 million, most of which were not declared in his SALN.
Also, Zaldy owns at least 24 vehicles with an estimated value of P46. 960 million but only P13.184 million was declared in his SALN.
He also has 26 firearms all registered under his name worth P6 million but were not declared in his SALN.
He traveled abroad 16 times from 2005 to 2009.
The petition of AMLC was filed via an Urgent Ex Parte Petition dated May 30, 2011 or more than 18 months after the Maguindanao massacre took place.
The appellate court even wondered why the petition for freeze order was filed recently, but the court still recognized the petition and froze the assets of the Ampatuans.
“Unless the bank accounts and other properties subject of this petition are frozen and placed under the custody of the law, there is imminent certainty that the funds contained therein and other identified properties will be withdrawn, removed, transferred, concealed or otherwise dispose of, thereby placing them beyond the reach of law enforcers, and would render ineffective government effort to forfeit the subject assets and prevent their use for other unlawful activities,” it stressed.
The other respondents covered by the freeze order were Osmena Medag Bandila, Delia Saqueton Sumail, Aladin Draper Sumail, Adham G. Patadon (Supply Officer V and Chief Administrative Officer V), Tahirodin Benzar Ampatuan, Anwar Uy Ampatuan, Ameerah Ampatuan Mamalapat, Rebecca Uy Ampatuan-Ampatuan, Rebecca Padsod Ampatuan (daughter of Datu Andal Ampatuan Sr.), lawyer Redemberto Reyes Villanueva, Datu Lucas Ampatuan-Ampatuan, Alibai Sakal Ampatuan, Datu Ulo Upam Ampatuan, Soraida Biruar Ampatuan (marrried to Datu Saudi Uy Ampatuan), Bai Shaydee Uy Ampatuan (married to Datu Nashution Macapandeg), Bai Sandra Ampatuan, Baril Sandra Ampatuan, Michelle Sakal Ampatuan, Michael Ampatuan Sulaik and Bar Monadia Ampatuan Abdullah.
Multiple murder
Recently, another division of the appellate court affirmed the filing of 57 counts of multiple murder against Ampatuan Sr.
In a resolution penned by Associate Justice Noel Tijam, the appellate court’s Special 11th Division gave the green light to Quezon City Judge Jocelyn Solis-Reyes to proceed with the multiple-murder case against Ampatuan Sr.
The appellate court junked a petition of Ampatuan Sr., who cited the Department of Justice for grave abuse of discretion when it indicted him for the masscre.
Only Ampatuan Sr. filed the petition before the appellate court.
The court also junked a supplemental petition filed by Ampatuan Sr., in the wake of an earlier Justice department ruling that exonerated his son Datu Zaldy Ampatuan and Datu Akmad Ampatuan.
It ruled that the department has found probable cause for multiple murder against the accused and that the motion for reconsideration “raised no new arguments that would otherwise require refutation on the part of the petitioner.”
The Maguindanao massacre happened on November 23, 2009 and left 57 civilians dead.
More than half of the slain victims were journalists.
Source: http://www.manilatimes.net/news/topstories/court-freezes-clan%E2%80%99s-billions/
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