No legal basis yet to freeze lawmakers’ assets — ICI

The Independent Commission for Infrastructure (ICI) said there is no legal basis yet to recommend the freezing of senators’ and congressmen’s assets allegedly linked to ghost flood control projects, explaining that the process must begin with a formal complaint before the Office of the Ombudsman or the Department of Justice (DOJ).

ICI Executive Director Atty. Brian Hosaka clarified in a radio interview that a freeze order is meant to preserve assets so they cannot be sold, hidden, or transferred, but the Anti-Money Laundering Council (AMLC) can only act once a formal complaint is filed.

“A freeze order on assets is a form of preservation so that these cannot be sold or hidden. The AMLC has jurisdiction over it,” Hosaka said.

He explained that the process must start with a complaint, and unless one is filed, the AMLC cannot act on it. Once a complaint is filed, the AMLC may seek a freeze or asset preservation order from the proper court with the help of the Office of the Solicitor General.

When asked why only Department of Public Works and Highways (DPWH) officials and contractors were covered in the ongoing cases—not lawmakers such as Senators Chiz Escudero, Joel Villanueva, Jinggoy Estrada, Bong Revilla, former Speaker Martin Romualdez, and former congressman Zaldy Co—Hosaka clarified that ICI’s latest referral included only two senators and two congressmen, as others were not the subject of a formal complaint.

He added that the ICI has no access to information on whose assets were frozen by the AMLC, as only the council can identify affected individuals.

“Freezing of assets is temporary. We have no information on which accounts were frozen. The process usually starts upon a complaint filed before a prosecutorial body like the Ombudsman or the DOJ,” Hosaka said.

Hosaka noted that asset freezing is a temporary measure under the civil forfeiture process, which formally begins once a complaint is filed. So far, the ICI has filed two cases, which can later be used as a basis for a freeze order once the proper complaint is submitted.

He added that ICI hearings are expected to resume next week after the commission finalizes the guidelines for the anticipated livestream coverage of proceedings on the alleged anomalous flood control projects.