The Philippine Star

2 ex-law deans back Binay in questionin­g forfeiture case

- BY EDU PUNAY

Two former law school deans yesterday supported Vice President Jejomar Binay in questionin­g the latest forfeiture case filed by the AntiMoney Laundering Council ( AMLC) before a Manila court.

Former college of law deans Amado Valdez of the University of the East and Pacifico Agabin of the University of the Philippine­s agreed with law- yers of Binay that the petition for issuance of a freeze order on a bank account of the Vice President cannot proceed at this time due to a ban for filing of such case one year prior to a general election.

They cited Section 2 of Republic Act 1379, which provides that “no such petition shall be filed within one year before any general election or within three months before any special election.”

“Forfeiture cases can’t be filed against public officials within a year before general elections,” Valdez said.

“Also, no judgment could be rendered on forfeiture within six months before general elections,” stressed Valdez, also president of the Philippine Associatio­n of Law Schools and founding president of the Internatio­nal Associatio­n of Constituti­onal Law.

Asked what could have been the purpose behind the one-year ban in the law, both Agabin and Valdez gave the same response.

“The purpose of the prohibitio­n is to avoid political persecutio­n,” Agabin explained.

Valdez, for his part, said: “(That portion of the law was made) perhaps in order to prevent harassment and ensure a level playing field.”

He stressed that even the AMLC is covered by the oneyear filing ban and should not have moved for the forfeiture of Binay’s bank account so close to the 2016 national elections.

Valdez said in light of the provisions under RA 1379, the Manila court “in effect should suspend action (on the AMLC petition) until after the elections.”

The legal experts issued the statements following AMLC’s fi ling of the forfeiture case 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

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