Freeze order vs. Ampatuans:
‘They don’t use banks’

A MANILA COURT today gave lawyers of Andal Ampatuan Sr. and his alleged associates seven days within which to explain why the provisional asset preservation order (PAPO), or freeze order, issued against 200 bank accounts linked to the Ampatuan clan should be lifted.

Regional Trial Court Judge Marino Dela Cruz Jr. gave the order even as some of those covered by the PAPO complained that the freeze order aimed at the Ampatuans was misdirected as the clan “does not use banks anyway.”

Instead, the freeze order’s impact was reportedly felt by private persons who had just been associated with the Ampatuan clan, complained one representative who attended the hearing.

The PAPO covers some 200 bank accounts held by 30 Ampatuan clan members and their alleged associates. Aside from the senior members of the Ampatuan clain, the freeze order also covers accounts allegedly belonging to the Maguindanao Electric Company, the Provincial Government of Maguindanao, as well as to the wife of Cotabato City Vice Mayor Muslimin Sema, and businesswoman Delia Sumail.

The PAPO also covers 77 motor vehicles, 110 firearms, and 144 various real properties allegedly owned by the Ampatuans and their associates.

Dela Cruz issued the PAPO last Friday, December 2, after the Anti-Money Laundering Council filed a civil forfeiture case against the Ampatuan clan’s assets on suspicion that the wealth was derived from public funds.

Lawyers from the AMLC and the Office of the Solicitor General refused to make any statement after the hearing, saying that hearings involving AMLC cases are confidential.

A lawyer for former Maguindanao Governor Andal Ampatuan Senior said that his client will file a response within five days.

But at least one representative of one of the other respondents, who asked not to be named, said that the freeze order really had no impact on the Ampatuan wealth. Instead, the freeze order’s impact was being felt by cooperatives and businessmen who were included by the AMLC in the forfeiture case because of mere suspicion that they were associated with the Ampatuan family.

“Ang pera naman nila (Ampatuan), wala sa bangko,” said the representative. “Nasa vaults ang pera nila.” (Their money is not in the banks. Their money is in their vaults.)

“Ang naapektuhan dito, kami-kami lang,” the representative added, referring to respondents who are not members of the Ampatuan clan. (The only ones affected by this order are us.)

This appeared to be reinforced by the petition that the AMLC had filed before the Regional Trial Court. In its forfeiture case, the AMLC acknowledged that most of the bank accounts listed under the names of Andal Sr., Andal Jr., and former Autonomous Region in Muslim Mindanao Governor Zaldy Ampatuan contained relatively small amounts from several hundred thousand pesos to a few million pesos.

In contrast, 44 bank accounts belonging to the Maguindanao Electric Coopeative reportedly contain P79 million.

One lawyer even joked that other, more distant members of the Amnpatuan clan are thinking of changing their last names because of fears that they would be included in the forfeiture case as well.

Judge Dela Cruz said the pleadings by all the parties concerned would be his basis in determining if the PAPO would be lifted, or if it would be transformed into an asset preservation order, or APO, which is a freeze order that would last the duration of the forfeiture hearings. The December 2 PAPO is only good for 20 days.

Dela Cruz refused to give a timetable for the hearings on the civil forfeiture case. Dela Cruz said he also needs to get guidance from the Supreme Court on whether the forfeiture case should get priority over other cases that are pending before his sala.

The Supreme Court had earlier allowed the Quezon City court that is hearing the multiple murder case against the Ampatuans to concentrate on that case, and hold three hearings every week in a special court inside the Philippine National Police compound in Taguig City. –PCIJ, December 2011