The Sandiganbayan Second Division has denied the motion for reconsideration filed by former Armed Forces of the Philippines (AFP) comptroller Lt. General Jacinto C. Ligot and his family regarding the continuation of their civil forfeiture case.
The Office of the Special Prosecutor filed on May 27, 2013 a petition seeking to forfeit the unlawfully acquired properties of Ligot, his wife Erlinda Ligot, his children Paulo Ligot and Riza Ligot, brother-in-law Edgardo Yambao, and his wife’s cousin Gilda Alfonso-Velasquez aggregately valued at P55,596,694.26.
The amount is based on the bank deposits and investment accounts in the name of the respondents allegedly acquired during Ligot’s tenure as a commissioned officer of the AFP.
Ligot and the other respondents filed a joint demurrer to evidence on March 12 and sought the dismissal of the civil forfeiture case, arguing that Jacinto’s salary prior to retirement is not out of proportion to his income as a public officer.
The respondents likewise said the prosecution violated the laws on secrecy of bank deposits, especially since the disclosure of their foreign currency deposits are prohibited without their written consent.
Their joint demurrer was denied by the anti-graft court on July 8 after it was found that there is prima facie sufficient evidence for forfeiture.
The respondents thereafter filed motions for reconsideration and argued that the petitioner’s evidence consists of documents that are not properly authenticated and identified, so is therefore inadmissible as evidence.
They added that there is insufficient evidence to prove that the bank deposits and investment accounts belong to Jacinto, and there is also no evidence that would prove that his salary as a public officer is manifestly out of proportion to his bank accounts.
However, the anti-graft court said that their arguments are nothing but a mere rehash of their joint demurrer to evidence, so it “still does not find any cogent reason to overturn its earlier pronouncement,” the resolution stated.
The respondents said that Jacinto’s salary prior to retirement was P3,248,003, while his bank deposits and investments amounted to P550,000 and P700,000, respectively. They further stressed that there is no evidence that the deposits made by his family to their bank accounts came from Jacinto. But for the court, this reasoning does not stand.
“Although the substantial accounts are not under Jacinto’s name, the Court may inquire into the accounts of all the respondents in this case considering that it was proven that the latter do not have the financial capacity to own the subject accounts,” the resolution added.
The Sandiganbayan recommended that Jacinto and his family raise their arguments during the course of trial on the presentation of their evidence.
The 11-page resolution was written by Associate Justice Michael Frederick Musngit with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.
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