Commercial Law, 2019 Bar — Question B.17-b

ESSAY

Several public officials were charged before the Sandiganbayan for violation of the Anti-Graft and Corrupt Practices Act involving the anomalous award of a multi-billion contract to Corporation Z. The Information alleged that each of the accused received kickbacks from Corporation Z in exchange for the dispensation of certain bidding requirements, and the said kickbacks were deposited to the accused's respective bank accounts in the Philippines. Upon request of the Office of the Ombudsman, the Compliance and Investigation Staff of the Anti-Money Laundering Council (AMLC) conducted an intelligence database search. The search revealed that there were remittances to the bank accounts of the accused with six (6) different banks. (b) May a court order be issued ex parte for the freezing of the bank accounts of the accused-public officials upon application of the AMLC? If so, in what instance may this be done and which court can issue such order? Explain.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.