RET. LT. GEN. JACINTO C. LIGOT VS.

REPUBLIC OF THE PHILIPPINES

[G.R. NO 176944, MARCH O6, 2013]

DOCTRINE:

A freeze order is meant to have a temporary effect; it was never intended to supplant or
replace the actual forfeiture cases but rather serves as a preservatory and preemptive remedy
adjunct to the main action, allowing for the issuance of an asset preservation order from the court
where the petition is filed.

FACTS:

The Republic urgently sought a freeze order from the CA on June 27, 2005, against Lt.
Gen. Ligot and his family, following a letter from the Ombudsman recommending an
investigation for possible violation of RA No. 9160. Lt. Gen. Ligot's declared assets in 2003
significantly exceeded those in his 1982 Statement of Assets, Liabilities, and Net Worth (SALN),
leading to an investigation revealing undeclared properties and bank accounts totaling at least 54
million pesos. In April 2005, the Ombudsman found probable cause for Ligot's violation of RA
No. 6713 and perjury. The Court of Appeals subsequently issued a freeze order in July 2005,
extended in September, preventing the Ligots' access to their properties for six years based on
probable cause and as an interim preemptive remedy.

ISSUE:

Whether or not there was probable cause to issue the freeze order.

RULINGS:

Yes, the Supreme Court held that probable cause exists to support the issuance of a freeze
order, which is based on the relation between the monetary instruments or properties and an
unlawful activity or money laundering offense; however, it cannot be extended for an indefinite
period of time. The Court explained that the probable cause required for the issuance of a freeze
order is different from the probable cause required for the institution of a criminal action. The
Court also clarified the Rule in Civil Forfeiture Cases, which allows the extension of a freeze
order for six months, and emphasized the interim and pre-emptive nature of the relief to prevent
the dissipation of assets during case preparation. Thus, the petition was granted, and the freeze
order was lifted.1