Title
Bai Sandra Sinsuat A. Sema vs. Republic represented by the Anti-Money Laundering Council
Case
G.R. No. 198083
Decision Date
Oct 10, 2022
Sema contested a freeze order on her accounts, claiming mistaken identity and lack of probable cause. The Supreme Court ruled in her favor, lifting the order due to insufficient evidence linking her to alleged unlawful activities.
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Case Digest (G.R. No. 198083)

Facts:

Background of the Case

The case involves Bai Sandra Sinsuat A. Sema, who filed a Petition for Review assailing the Resolutions of the Court of Appeals that denied her Urgent Motion to Lift Freeze Order. The Freeze Order was issued by the Court of Appeals, covering various bank accounts and properties of individuals, including those under the names "Bai Sandra Ampatuan" and "Bai Sandra S. Ampatuan." The Freeze Order was based on an investigation conducted by the Anti-Money Laundering Council (AMLC) and was effective for 20 days.

Basis of the Freeze Order

The Freeze Order was issued after the AMLC filed an Urgent Ex Parte Petition, which included the following documents:

  1. Special Audit Report No. 2010 for the Office of the Regional Governor of the Autonomous Region in Muslim Mindanao by the Commission on Audit.
  2. Evaluation Report on the lifestyle check conducted by the Office of the Deputy Ombudsman for Mindanao on Datu Andal S. Ampatuan, Sr. and Datu Zaldy U. Ampatuan.
  3. Sinumpaang Salaysay of Lakmodin Alamada Saliao submitted to the AMLC.
  4. Joint Complaint-Affidavit and Supplemental Joint Complaint-Affidavit furnished to the AMLC and executed by the widows of the Maguindanao massacre's victims.

Sema's Allegations

Sema claimed that she is not related by blood to the other respondents in the Freeze Order, who are members of the Ampatuan clan. She stated that her maiden name is Bai Sandra Sinsuat Ampatuan and that she is the daughter of the late Datu Mantato Sumagka Ampatuan, Sr., who is not related to the Ampatuans of Shariff Aguak. She also argued that the name "Bai Sandra Ampatuan/Bai Sandra S. Ampatuan" does not refer to her but to Bai Zandria Sinsuat Ampatuan, the wife of Sajid Islam Uy Ampatuan. Sema further denied any involvement in the alleged illegal transactions of the Ampatuan clan.

Republic's Response

The Republic, represented by the AMLC, argued that Sema's claims did not justify the volume of transactions in her accounts, which numbered at least 30. The Republic also pointed out that Sema had previously served as an undersecretary for the Department of Education of the Autonomous Region in Muslim Mindanao, during which large unliquidated funds were discovered. The Republic sought to extend the Freeze Order from 20 days to six months to allow for a more thorough investigation.

Issue:

  1. Whether the Court of Appeals correctly issued the Freeze Order based on probable cause.
  2. Whether the Freeze Order should be lifted due to the alleged mistaken identity of Sema.
  3. Whether the Republic met the burden of proof to establish probable cause for the issuance of the Freeze Order.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court granted Sema's Petition and lifted the Freeze Order against her and her husband's bank accounts. The Court emphasized that the Republic failed to establish probable cause and that the Freeze Order was improperly issued. This ruling is without prejudice to other preservation orders that may be issued in relation to the forfeiture case filed before the Regional Trial Court of Manila.


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