Pork barrel scam whistle-blower Benhur K. Luy . FILE PHOTO
MANILA, Philippines—Pork barrel whistle-blower Benhur Luy asked the Manila Regional Trial Court to lift the freeze order in his accounts citing his immunity from criminal prosecution.
Luy, in his comment, said being a government witness, he cannot be subjected to any penalty or forfeiture. He is under the Witness Protection Program.
Luy’s bank accounts are among the accounts subject of a provisional asset preservation order (PAPO) issued by the Manila Regional Trial Court Branch 22 following the forfeiture case filed by the Anti-Money Laundering Council (AMLC).
Among the bank accounts of Luy under PAPO is the Bank of the Philippine Islands with account/policy number 4034-0090-61 with a deposit of $15,008.90; a Metrobank account with P2,867.79 deposit and two other accounts under Metrobank and United Coconut Planters Bank.
Also subject of the PAPO is Luy’s 2007 model Eastworld Mox Motorcycle, 2010 model Mitsubishi Montero Sport G and 2004 model Toyota Corolla Altis.
But the government lawyers said “Benhur Luy’s assets are not immune from this civil forfeiture proceeding.”
“The benefits under the Witness Protection Program may only be invoked in criminal proceedings. The [forfeiture] case is civil in nature,” the government, through Solicitor General Francis Jardeleza said.
On the other hand, Luy’s brother Arthur argued that his bank account should not be included in the PAPO because it came from a legitimate source.
He said as a seafarer, he earns US$7,000 monthly.
But the Solicitor General said Oste Crewing Philippines Allotment Slip showed that his monthly income is only $3,483.
“This cannot explain the huge amounts transacted in Arthur Luy’s account during the material dates of the pork barrel scam that reached up to P1 million in one banking day,” Jardeleza said.
Meanwhile, the government lawyer said the funds in Benhur Luy’s mother, Gertrudes, was traced to have come from Micro-Agri Business Citizens Initiative Foundation Inc, an entity linked to the pork barrel scam.
Their assets are among the hundreds of accounts, vehicles and properties subject of the PAPO that the government wants forfeited on their behalf.
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