A forfeiture case should not have been filed against Vice President Jejomar Binay at this time due to a one-year filing ban set by law, legal experts said on Tuesday.
Former law deans Amado Valdez of the University of the East and Pacifico Agabin of the University of the Philippines both cited Republic Act 1379, the law that gives way to the forfeiture of properties with amounts manifestly out of proportion to a public official’s salary.
The two legal experts said Section 2 of the law specifically states that a forfeiture case may only be filed against a public official or employee “provided that no such petition shall be filed within one year before any general elections or within three months before any special election.”
Forfeiture cases can’t be filed against public officials within a year before general elections. Also, no judgment could be rendered on forfeiture within six months before general elections,” said Valdez, who is also the president of the Philippine Association of Law Schools and founding president of the International Association of Constitutional Law.
They noted that the purpose of the one-year ban is “to avoid political persecution.”
“[That portion of the law was made] in order to prevent harassment and ensure a level playing field,” Valdez added.
The Anti-Money Laundering Council filed a forfeiture case last month before the Manila Regional Trial Court Branch 57 against the bank accounts of 63 corporations and individuals, including a lone account of Binay.
The AMLC petition was filed on Nov. 12, a day after the lapse of the original six-month freeze order on the Binays’ assets.
Meanwhile, Binay expressed concern over the growing number of extrajudicial killings in Dumaguete City in Negros Oriental, calling on the church and local government leaders to fight the rising human rights abuses.
Binay, who paid a courtesy call on Dumaguete City Bishop Julito Cortes, said the government needs the cooperation of all stakeholders.
“I am saddened by the growing victims of extra judicial killings in Dumaguete. I am calling on the Philippine National Police to go after the perpetrators and assure the safety the our people,” the Vice President said.
Cortes said at least nine people were summarily executed last week alone.
“We have to do more. There must be greater collaboration between the Church and the local government in the fight against criminality. The government cannot do it alone,” the prelate said.