Lawyer claims freeze on Napoles assets unlawful, seeks lifting of forfeiture case
Janet Napoles. INQUIRER FILE PHOTO
MANILA, Philippines—Alleged pork barrel scam mastermind Janet Lim-Napoles asked the Manila Regional Trial Court to lift the freeze order on her assets.
In her motion for reconsideration, Napoles, through her counsel, said the right to due process of her and her family were violated with the filing of forfeiture case against them despite the absence of a criminal case.
Napoles’ motion said Section 12 of the law expanding the power of the Anti-Money Laundering Council (AMLC) and 27 of the Rules on Civil Forfeiture are unconstitutional.
Section 12 provides that the AMLC shall file a forfeiture case if its investigation showed that probable cause exist and that any monetary instrument is related to any unlawful activity while Section 27 states that there is no need for filing of a criminal case or conviction before a forfeiture proceeding is filed.
“By allowing the filing and even the resolution of a petition for forfeiture even without a pending criminal complaint for a predicate crime or money laundering offense, the said section effect diminished the rights of the respondent, increased the rights of the state and modified the rights of the said parties,” Napoles in her motion stated.
“A property may only be forfeited by the state as a consequence of a criminal act. Forfeiture is only a result of a previous criminal conviction…Consequently, if there is no crime, no one should be made to pay the penalty of forfeiture,” Napoles said.
Last month, the Manila Court has indefinitely frozen the assets of Napoles, her family and other people linked in the pork barrel scam.
Total amount in the bank accounts covered by the Asset Preservation Order is worth P119.917 million while the total dollar account covered by the APO is $696,635.02.
The APO was issued after the Anti-Money Laundering Council (AMLC) sought the forfeiture of assets after their investigation showed that despite absence of legitimate income, there was a spike in the bank accounts and other monetary instruments during the period of the pork barrel scam.
Covered by the APO, aside from Janet Lim-Napoles, are her husband Jaime and their children Jo Christine, James Christopher, Jeane Catherine, Jane Catherine and John Christian; and Napoles’ brother Reynald Lim, also her co-accused in the serious illegal detention case pending before a Makati Regional Trial court.
The APO is effective during the entire pendency of the forfeiture case.
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