Batangas Court Forfeits P3.12 Million in Graft-Linked Funds, AMLC Says
Key Takeaways
- •A Batangas Regional Trial Court has ordered the forfeiture of P3.12 million found to be connected to an unlawful activity involving corruption of public officials and violations of the Anti-Graft and Corrupt Practices Act.
- •According to the AMLC, the money was allegedly sourced from a contractor and intended as an initial payment to a lawmaker who was being pressured to abandon an investigation into government projects.
- •The lawmaker refused the approach and reported the matter to the police, and no individuals involved in the case have been named.
- •The AMLC pursued the case through the Office of the Solicitor General as a civil forfeiture, an asset-recovery action aimed at the property itself rather than a criminal prosecution.
- •The Oct. 9 ruling has yet to become final and executory, so the pending appeal will decide whether the P3.12 million remains with the government.
A Regional Trial Court (RTC) in Batangas, the Philippines, has ordered the forfeiture of more than P3 million in funds linked to alleged corruption behind certain government projects, according to the Anti-Money Laundering Council (AMLC).
The AMLC, the Philippines' financial intelligence unit, uses civil forfeiture as an asset-recovery tool: a court action directed at the property itself, separate from any criminal prosecution, aimed at recovering proceeds of unlawful activity for the state.
"The Anti-Money Laundering Council (AMLC) has secured a court order forfeiting P3.12 million in favor of the Government after the funds were found to be related to an unlawful activity involving Corruption of Public Officials and violation of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act," the AMLC said in a statement on Thursday.
According to the council, the money was connected to a government official who allegedly attempted to dissuade a lawmaker from investigating the projects in question. The lawmaker refused the approach and reported the matter to the police.
"The recovered funds were allegedly sourced from a contractor and intended as an initial payment to the lawmaker," the AMLC added.
The agency did not name the individuals involved in the case.
The forfeiture order stemmed from an Oct. 9 decision by the Batangas court, which found "sufficient basis to conclude that the money was related to an unlawful activity, thereby justifying its forfeiture in favor of the Government."
The AMLC noted, however, that the ruling has yet to attain finality and remains subject to appeal. In civil forfeiture, the government's claim to the funds is confirmed only when the judgment becomes final and executory, so the appeal process will determine whether the P3.12 million ultimately stays with the state — the key development to watch as the case moves forward.
"The AMLC filed the civil forfeiture case through the Office of the Solicitor General," it said, adding that "the successful forfeiture underscores the importance of sustained inter-agency coordination in tracing, preserving, and recovering proceeds linked to corruption and other unlawful activities." — Katherine K. Chan
Source: BusinessWorld
