Gov’t looking to seize assets of PDAF scam suspects

MANILA, Philippines – The justice department cannot prevent suspects in corruption cases from leaving the country unless charges are filed against them in court.

But while the power of the Department of Justice (DOJ) to issue hold departure orders (HDOs) has been clipped by the Supreme Court, the department still has an option left: start forfeiture proceedings on their alleged ill-gotten wealth.

This was explained by deputy presidential spokesperson Abigail Valte on Saturday, September 21, when asked about what other steps could be taken by government against individuals tagged in the pork barrel scam.

The executive has done its part, Valte said in an interview over dzRB, when the DOJ filed plunder, malversation, and bribery charges against 38 officials and private individuals in relation to the misuse of lawmakers’ Priority Development Assistance Fund (PDAF).

DOJ Secretary Leila de Lima has said they will file additional PDAF scam-related cases in the coming weeks, as they complete evidence. Another batch of cases will be filed next week. 

Clipped powers

Valte reminded reporters that the DOJ’s power to issue HDOs was clipped by the High Court in its decision in relation to a graft case against former President Gloria Macapagal-Arroyo.

Although the DOJ was perceived to have tried to go around that said court decision, it eventually had to hastily file election sabotage charges against Arroyo to get a court-issued HDO.

To freeze the bank accounts of suspects in corruption cases, meanwhile, the DOJ has to go to the Anti-Money Laundering Council (AMLC), which will, in turn, ask for the approval of the Court of Appeals.

This is what the justice department did when it started investigating alleged pork barrel scam mastermind Janet Lim Napoles.

READ: ‘Freeze Napoles accounts’ – court

Fled the country

De Lima was quoted as saying the DOJ would make a similar request with AMLC to have the assets of Senators Juan Ponce Enrile, Jinggoy Estrada, ang Bong Revilla – those initially charged in the PDAF scam – frozen.

Six of the 38 accused before the Ombudsman in the PDAF scam have left the country. They are:

• Lawyer Jessica Lucila “Gigi” Reyes, former chief of staff of Enrile
• Ruby Tuason, a representative of Enrile and Estrada
• Former Technology Resources Center (TRC) director general Antonio Ortiz
• Former TRC deputy director general Dennis Cunanan
• Nemesio Pablo Jr, who headed Agri and Economic Programs for Farmers Foundation Inc
• Former Agusan del Sur Representative Rodolfo Plaza

READ: 38 charged on pork barrel scam

Valte said this was not the first time that personalities implicated in crimes were able to leave the country before any charges could be filed against them, thus the absence of an HDO.

She cited the case of Ramona Revilla, half sister of Senator Bong Revilla. She left the country after being tagged as one of those behind the killing of her own brother, Ramgen, in 2012.

De Lima said they cannot compel the 6 PDAF scam suspects to return to the Philippines since the Ombudsman has yet to file cases against them with the Sandiganbayan.

The National Bureau of Investigation, under the DOJ, will however request the cooperation of their known host countries to monitor their movements, and send them back once they are charged in court.

“There are certain modes like extradition to bring them back,” she said. – Rappler.com