SC upholds freeze order on Bong Revilla’s assets worth P224.5M

The Supreme Court upheld the Sandiganbayan order freezing P224.5 million in assets of former Senator Ramon “Bong” Revilla Jr. over the plunder case filed against him stemming from the multi-billion peso pork barrel fund scam.

During its regular en banc session, the high court said Revilla’s plea to reverse the Sandiganbayan’s February 2015 decision lacks merit.

The Sandiganbayan First Division, in February 2015, had issued a freeze order or “writ of preliminary attachment” over the bank accounts and properties under the names of Revilla and his wife, Bacoor City Mayor Lani Mercado.

The high court, in affirming the ruling, said it was “not the penalty of forfeiture envisioned by law, contrary to Revilla’s argument and that it is an ancillary remedy that can be availed of during the pendency of a criminal case of plunder without waiting for the final resolution of the bail petition before it can be issued.”

The writ was issued when the government’s special prosecutor, in October 2014, sought “garnishment” of Revilla’s assets, properties and bank accounts. Garnishment is a legal procedure where an order is issued to hold on to the property of a defendant.

The prosecutor claimed that there was a need for garnishment to preserve the alleged ill-gotten wealth and ensure payment and recovery of that wealth in favor of the state if the accused will be found guilty of plunder.

The writ on Revilla’s property covers:

• 44 bank accounts except those that were already closed by the senator when the scam was made public, 15 motor vehicles;
• 28 real estate properties,
• 5 shares in separate stocks valued at P1.14M, and
• 12 shares in exclusive clubs and private companies.

“The rules of court provide that preliminary attachment may be availed of in connection with the civil action that is deemed instituted with the criminal action,” SC said, noting that all the requisites for the issuance of a writ of preliminary attachment have been complied with.

“The writ may issue where there is an allegation of misappropriation of public funds, which is one of the predicate acts for plunder, of which Revilla stands charged. There is, thus, clearly a prima facie factual foundation for the attachment of his monies and properties,” SC said.

In the same ruling, SC also denied the consolidated petitions filed by Revilla’s chief of staff, lawyer Richard Cambe, and alleged pork barrel scam mastermind Janet Lim-Napoles.

They submitted a petition seeking the reversal of the Sandiganbayan’s joint resolution issued on December 1, 2014 denying their motions to post bail.

The high court said there was no evidence that the Sandiganbayan abused its discretion in issuing the ruling.   /vvp

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