Sandigan lifts PCGG's sequestration order on Baguio property

The Sandiganbayan has lifted the sequestration order on a property owned by a certain Ramon Mojica in Baguio City since the Presidential Commission on Good Government (PCGG) failed to file any ill-gotten wealth case involving the said asset.

The anti-graft court, in a seven-page Resolution released this month, noted that PCGG's failure to file an ill-gotten wealth case involving Mojica’s property violated Article 18, Section 26 of the Philippine Constitution which states that “the authority to issue sequestration or freeze orders under Proclamation No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten wealth will  remain operative for not more than eighteen months after the ratification of this Constitution.”

“There having been no case that was filed against petitioner Mojica nor any proceeding listing the property subject of this petition as an asset in any of the recovery cases of ill-gotten wealth, the supposed sequestration against the property of petitioner Mojica is deemed automatically lifted,” the Sandiganbayan said.

The anti-graft court also cited that the PCGG admitted that it was the Register of Deeds of Baguio City which caused the annotation of Entry No. 134387-16-50—the parcel of land belonging to Mojica—under Transfer Certificate of Title (TCT) 30695, and such request for sequestration was based on a mere letter issued and signed by then Acting Director of PCGG, Danilo Jimenez.

Sandiganbayan said the move contravenes PCGG rules requiring at least two commissioners signing the writ of sequestration to assure a collegial determination.

This violation of PCGG rules prompted the anti-graft court to describe the sequestration order as ostensible, and that which contravenes well-established rules and procedures governing the sequestration of properties alleged to form part of ill-gotten wealth.

“It is unrebutted that no writ of sequestration was, in fact, issued by the Commissioners of the PCGG over petitioner Mojica’s property subject of this petition. The inescapable conclusion obtaining in this case, thus, is the invalidity of the baseless sequestration placed upon the petitioner Mojica’s property which has been deemed automatically lifted by operation of the Constitutional provision,” the Sandiganbayan said.

“No evidence furthermore appears to even suggest the conduct of the mandated determination of the factual basis supporting such restriction upon the petitioner’s property. Requirements of fairness and justice thus demand the cancellation of entry no. 134387-16-50 in the TCT T-30695 to allow petitioner Mojica to freely enjoy his property rights which had been unduly restricted for  over 30 years,” the anti-graft court added.

Under the law, the determination of validity of writs of sequestration issued by the PCGG is within the sole province of the Sandiganbayan.

Likewise, the anti-graft court has the full authority to decide any and all incidents relative to an ill-gotten case, including the propriety of the issuance of writ of sequestration.  —LDF, GMA News