Ongpin to sue AMLC chief Aquino over frozen accounts

By SIEGFRID O. ALEGADO, GMA News

Published January 9, 2013 12:46pm

(Updated 2:24 p.m.) The camp of businessman and former Trade Minister Roberto Ongpin is eyeing civil and criminal charges against Anti-Money Laundering Council executive director Vicente Aquino in relation to frozen bank accounts.

A criminal complaint against Bangko Sentral ng Pilipinas Deputy Governor Nestor Espenilla Jr. are also being firmed up by Ongpin.

“We now give notice that, in addition to the criminal complaint which is going to be filed this week against Mr. Espenilla, our client intends to file additional suits against Mr. Vicente Aquino,” lawyer Rodolfo Ma. Ponferrada said in an e-mailed statement Wednesday morning.

In an interview with GMA News Online, Ponferrada noted they are also looking at filing charges of violating the anti-graft law against Aquino.

“As with the deputy governor, we are studying charges on the possible violation of the anti-graft law for the AMLC director.

“We're just finalizing it, and we will file it most likely within the month,” added Ponferrada.

Phone calls by GMA News Online to Aquino were unanswered as of this posting time.

Before issuing its own statement, the central bank would need to first read the statement issued by Ponferrada, said Bangko Sentral Corporate Affairs director Fe dela Cruz.

“The BSP has issued a statement on this subject. We have nothing to add at this time,” Bangko Sentral noted in a text message to GMA News Online after reading the statement issued by Ponferrada.

In a separate text message, Ongpin noted that the law suits may end with Aquino, provided that no other derogatory statements would come out against him. “No, unless they defame me.”

Ongpin noted that he will not back down in this legal battle against Aquino and Espenilla. “Over the years, I have had many types of slings and arrows thrown at me. I am therefore a battle-scared veteran of these wars and will never shirk from fighting back if I am oppressed,” he said.

Ongpin's camp “in effect has identified” Aquino as participating “in the damage done to Mr. Ongpin,” according to the statement.

In a statement Tuesday, Bangko Sentral defended Espenilla against Ongpin's earlier statement that charges of violating the anti-graft law will be thrown against the central bank official for his supposed role in freezing the businessman's accounts.

The Bangko Sentral claimed Ongpin was “wrong” in singling out Espenilla as responsible for freezing the accounts that was ordered by the Court of Appeals.

Noting that it was only exercising its mandate, Bangko Sentral said the Court of Appeals found probable cause in freezing the bank accounts based on an AMLC petition filed by lawyers of the Office of the Solicitor General.

In Wednesday's statement, Ponferrada claimed that Espenilla violated the law when AMLC froze his bank accounts after the deputy governor cleared the businessman of involvement in the alleged behest loans from Development Bank of the Philippines (DBP).

Money was used by Ongpin to buy 50 million shares of Philex Mining Corp. owned by DBP for P12.75 apiece, which he then sold for P21 to businessman Manuel V. Pangilinan – now Philex Mining chairman.

Ponferrada also said the “Ombudsman Resolution would show that the Ombudsman did not rule that Mr. Ongpin committed any crime when he acquired DBP's Philex shares.”

“Instead she (Ombudsman Conchita Carpio-Morales) indicted Mr. Ongpin for the loans DBP extended his company to finance a small fraction of the price of those shares,” he noted.

“However, it is undisputed that Mr. Ongpin has fully repaid those loans and it was irresponsible for AMLC to misrepresent to the Court of Appeals that their proceeds were in his bank accounts and that therefore those accounts should be frozen,” Ponferrada claimed. — VS, GMA News

Tags: money&banking, companies, ongpin, philexmining, developmentbankofthephilippines