Ligot cries forum shopping in bid to dismiss civil forfeiture case
Former military comptroller Jacinto Ligot (INQUIRER PHOTO)
Former military comptroller Lt. Gen. Jacinto Ligot has sought to dismiss the P55.59 million civil forfeiture case against him in the Sandiganbayan on grounds of forum shopping.
Ligot, who had served as budget officer for deceased former Armed Forces of the Philippines Chief of Staff Angelo Reyes, on Friday filed a joint motion for reconsideration and to dismiss on the antigraft court’s earlier resolution denying his initial bid to junk the civil forfeiture case.
In the case docketed as SB-13-CVL-0001, Ligot, his wife Erlinda and other members of his family faced a civil forfeiture charge for allegedly amassing P55,596,694.26 worth of assets when he was military comptroller.
READ: Antigraft court orders garnishment of Ligot assets, bank accounts
The court later issued a writ of preliminary attachment with the effect of temporarily freezing the assets that were subject of litigation.
The former comptroller was implicated in the multimillion “pabaon” allegedly given to high-ranking officials from the military slush fund. Reyes committed suicide in February 2011 at the height of the Senate investigation on the issue.
READ: 2 ex-AFP chiefs, 9 more top brass face plunder raps | What went before
Ligot accused the Office of the Solicitor General, represented by the Anti-Money Laundering Council (AMLC), of forum shopping in filing the civil forfeiture case against him in the Manila Regional Trial Court.
“Justice indeed works in many ways. This Honorable Court’s resolution subject of reconsideration makes it clear … that with the prior AMLC case for civil forfeiture assets having been filed and still pending with the Branch 22 of the RTC of Manila, the instant case is no more than a second case, a forum-shopping and should be dismissed,” Ligot said in his motion.
He alleged that the civil forfeiture case should be dismissed for being “oppressive.”
“Another case such as the instant SB-13-CVL-0001 is forum-shopping and is oppressive,” he said.
Ligot insisted that his assets garnished by the court pending the resolution of the civil forfeiture case was not the subject of litigation, questioning the “hurry” of the court to declare that the subject bank accounts contained the alleged ill-gotten wealth.
“This is putting the cart before the horse. Before the subject accounts can be examined, it must first be established that respondent Ligot has unlawfully acquired money and not merely alleged,” his motion said.
“Why put the cart before the horse? Why the hurry? The bank accounts sought to be examined cannot run away or disappear. They are subject of the freeze order, the protective order of the Branch 22 of the RTC of Manila, and writ of preliminary attachment issued by this Honorable Court,” it added.
Ligot also faces a perjury case before the Sandiganbayan for failing to truthfully declare his wealth in his statement of assets, liabilities and net worth (SALN).
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