MANILA, Philippines – The Court of Appeals (CA) has junked the civil forfeiture case filed by the Anti-Money Laundering Council (AMLC) against three alleged accomplices of pork barrel scam queen Janet Lim Napoles.
The CA’s Ninth Division granted the petition filed by Hector Ang, Jacqueline Ang, and Nicole Tiffany Ang who sought the reversal of the 2022 ruling by a Manila Regional Trial Court (RTC), which denied their motion to dismiss the case.
The Angs sought dismissal of their case on the ground of violation of their right to the speedy disposition of their case.
In February 2014, the AMLC filed the civil forfeiture case which named the petitioners, Napoles, her relatives, several individuals, and various corporations and non-government organizations as respondents.
The petitioners sought the dismissal of the case in October 2022, but it was denied by the Manila RTC a month later, prompting them to elevate the case before the CA.
The CA noted how the suit did not move for eight years and five months. It agreed that the petitioners were entitled to their right to the speedy disposition of their case, and explained that this constitutional right was not limited to the accused in criminal proceedings, but extends to all parties in all cases.
Any party to a case may demand expeditious action of all officials tasked to administer justice, the CA added.
“The lapse of eight years and five months, without having the case moved from one stage to another, is a long delay – an inordinate delay, and there was no reason provided as to why there was a delay in the case’s proceedings,” the CA said, adding that delays may lead to “degradation of evidence.”
“Here, the danger of inordinate reliance on human memory would result in the possible deprivation of property, a circumstance that would be unjust and oppressive,” the appeals court said.
The CA said the RTC committed grave abuse of discretion in denying the petitioners’ motion to dismiss on the ground of violation of their right to speedy disposition of their civil forfeiture case. – Rappler.com