The Court of Appeals has extended until December the freeze order it issued against the assets and properties of the Ampatuan clan, whose members stand as principal suspects in the Maguindanao massacre case.
In a 67-page resolution, the appellate court's Special Second Division junked the motions to lift the 20-day freeze order it issued last June 6 and instead, ruled that the order will be enforced for six more months, or until Dec. 2, 2011.
"The effectivity of the Freeze Order is extended up to 02 December 2011 or for a period not exceeding six (6) months, from 06 June 2011, pursuant to Section 53(b) of A.M. No. 05-11-04-SC. Let the records of this case be transmitted to the Regional Trial Court for consolidation with any pending civil forfeiture proceedings, in accordance with Section 56 of AM. No. 05-11-04-SC," said the resolution.
The CA made such ruling after extending the effectivity of the freeze order until July 25.
CA Associate Justice Celia Librea-Leagogo wrote the resolution, which was concurred in by Associate Justices Bienvenido Reyes and Elihu Ybanez
On June 6, the CA said the Anti-Money Laundering Council (AMLC) has established that the Ampatuans may have used the accounts and properties in committing fraud, such as amassing up to P1 billion in ill-gotten wealth.
"We agree with petitioner that probable cause exists that the subject bank accounts and other described properties of the respondents in the petition are related to unlawful activities; and that unless frozen, the funds in the subject accounts will certainly be withdrawn and the other identified properties disposed of, thereby placing them beyond the reach of the law," the CA said in granting the AMLC's plea.
The accounts and properties in question belong to 28 members of the Ampatuan family members, led by patriarch Andal Ampatuan Sr. and suspended Autonomous Region in Muslim Mindanao Governor Rizaldy "Zaldy" Ampatuan.
At least five aggrieved parties have contested the CA's freeze order: Maguindanao and Cotabato City First District Rep. Bai Sandra Sinsuat Ampatuan Sema, Bai Monadja Ampatuan Abdullah, Soraida Biruar Ampatuan, the Maguindanao Electric Cooperative, and a certain Dr. Tahir Sulaik.
But in its resolution, the CA said the motions are denied "for lack of merit." — RSJ
