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A petition for certiorari and prohibition was filed by the Republic and AMLC over
the decisions of the RTC of Manila and the Court of Appeals, enjoining the AMLC from
making inquiries into the bank accounts of respondents. Petition was dismissed.
IMPORTANT PEOPLE
Anti-Money Laundering Council (AMLC) – petitioner, together with the Republic
Hon. Antonio Eugenio, Jr. – respondent, presiding judge (RTC, Manila)
Pantaleon Alvarez– respondent, Chairman of the PBAC Technical Committee for
the NAIA 3 Project
Lilia Cheng – respondent, wife of Cheng Yong, whose joint account with Lilia was
subject to investigation by the AMLC
FACTS
1. Following the Court’s decision voiding PIATCO’s contract with the
government for the NAIA 3 project, the AMLC pursued investigations over
persons involved in said contract.
2. Armed with separate resolutions issued by the same body, the AMLC filed ex
parte1 applications, based on Section 11 of the Anti-Money Laundering Act
(RA 9160), to inquire into or examine the deposits of respondent Alvarez,
Wilfredo Trinidad, Alfredo Liongson and Cheng Yong (husband of respondent
Lilia Cheng) before the RTCs of Manila and Makati. Both courts heard the
testimony of and received documentary evidence from the AMLC.
3. The Makati RTC rendered an order granting the AMLC the authority to inquire
and examine the subject bank accounts, saying that the court is satisfied that
there existed probable cause to believe that the accounts are related to the
offense of violating the Anti-Graft and Corrupt Practices Act.
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An ex parte judicial proceeding is conducted for the benefit of only one party and is usually reserved for
urgent matters where requiring notice would subject one party to irreparable harm.
(thefreedictionary.com) LOL
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4. The Manila RTC on January 12, 2006 issued an order granting the application
expressing that the allegations in AMLC’s application are impressed with
merit.
5. Respondent Alvarez entered his appearance before the Manila RTC and filed
an Urgent Motion to Stay Enforcement of Order arguing that nothing in RA
9160 authorizes the AMLC to seek the authority to inquire into bank accounts
ex parte.
6. The Manila RTC issued an Order staying the enforcement of its bank inquiry
order and giving the Republic five days to respond to Alvarez’s motion.
DISPOSITIVE PORTION
WHEREFORE, the petition is DISMISSED. No pronouncements as to costs.
DOCTRINE
Section 11 of the AMLA does not empower the AMLA to immediately enforce an
Order by the Court authorizing it to conduct inquiries into bank accounts. Hence,
an application by the AMLC for the authority to inquire into bank accounts is not
ex parte, and requires that the account holder be notified and, if the application is
approved, be allowed to challenge it.
OTHER NOTES
1. Also contended by the petitioner was the standing of Lilia Cheng. The Court
ruled that Cheng had standing because she had proven her joint ownership of
at least three of the accounts being subjected to inquiry.
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2. Cheng averred that her accounts couldn’t be subject to an inquiry under the
AMLA because these were opened prior to the passage of the law. Inclusion
of her accounts, she claimed, would be tantamount to an ex post facto action.
The Court dismissed her averment, explaining that it would be difficult to
contemplate a situation where the law is self-defeating.