CA junks forfeiture case vs vet accused of plotting against Duterte

The Court of Appeals (CA) has dismissed a forfeiture case against the bank accounts and properties of veterinarian Bryan Constantino Ta-ala, who had been accused of plotting against then-President Rodrigo Duterte.

In a 22-page ruling penned by Associate Justice Mary Charlene Hernandez-Azura, the CA’s Seventh Division also nullified the asset preservation order (APO) issued by the Makati City Regional Trial Court (RTC) on 29 December 2021. The APO had covered 26 bank accounts and six real properties allegedly linked to the proceeds of money laundering.

The Anti-Money Laundering Council (AMLC) had filed the civil forfeiture case after Ta-ala was arrested in Bacolod City on Aug. 6, 2016, along with Wilfred Palma, for alleged gun smuggling. Ta-ala was later charged with illegal possession of a small firearm and arms smuggling, but the Supreme Court dismissed the criminal cases on 20 June 2022.

In their petition before the CA, Ta-ala and co-respondents argued that the Makati RTC committed grave abuse of discretion, citing improper venue and defective verification. They pointed out that since the bank accounts were all located in Bacolod City, the case should have been filed there.

The CA sided with the petitioners, citing Section 3 of the Rules of Procedure in Cases of Civil Forfeiture, which states that venue lies in any RTC of the judicial region where the assets are located. It added that the Makati court’s “blatant” disregard of this provision constituted grave abuse of discretion, warranting dismissal of the case.