Cited Laws
Accordingly, the SBN made the April 7, 2011 Writ of Attachment permanent but excluded from its coverage the properties titled under the names of Yambao and his wife, and the Metrobank accounts under the name of Paragas. [21] The SBN held that based on the totality of evidence presented, there was sufficient basis for the prima facie presumption under Section 2 of Republic Act No. 1379 to apply. [22] Here, it was shown that: (1) General Ligot was a public officer; (2) he acquired considerable amount of money or property during his tenure; [23] and (3) the amassed assets were manifestly out of proportion to his salary and other lawful income. [24] On the first requisite, there is no dispute that General Ligot was a public officer at the time. On the second requisite, the SBN sorted through the assets that were properly attributable to General Ligot from those enumerated in the petition. It observed that the following properties were registered in the name of either General Ligot or Erlinda, or both, but were excluded from the former's SALNs: Cornland at Lunocan, Manolo Fortich, Bukidnon; Condominium unit, Building MC-14, BCDA (Unit 20); AFPSLAI deposits; Paid-up shares in Parmil Farms, Inc.; Poultry building and rest house at Imbayao, Malaybalay; Raw land in Sitio Masalat, Sampaloc, Tanay, Rizal; Guardhouse, quarantine house & bodega at Imbayao, Malaybalay; Shower building & water tank at Imbayao, Malaybalay; House located at 1240 S. Cabernet, Anaheim, California, United States of America (United States); Essensa East Forbes condominium unit, Taguig City (Unit 19A); and House located at 7102 Stanton Avenue, Buena Park, California, United States [25] On the other hand, the following properties were registered in the name of General Ligot's children, despite them having no financial capacity to acquire the same: Imbayao property (Parmil Farms, Inc.) Lot 2651, 2652, 2653, and 2654; Toyota Hi-Lux; Paid-up shares in Parmil Farms, Inc.; Building at Imbayao, Malaybalay City, covering 8,960 sqm; Cornland at Kalatugonan, Patpat, Malaybalay City; Cornland at Kalasungay, Malaybalay City; and Machineries at Imbayao, Malaybalay City. [26] While the Paseo Parkview condominium units appeared in the name of Paragas, there was ample evidence to show that a huge portion of its amortization payments were made by General Ligot and Erlinda. Paragas reasoned that she provided General Ligot et al. support in 1996 and some funds to purchase property in her name while she lived in the United States. However, Paragas failed to adduce evidence to that effect. While Paragas concededly had financial means to purchase the same, the evidence pointed to General Ligot and Erlinda as having paid for the Paseo Parkview condominium units with their own funds. [27] The remaining properties outlined in the petition belonged to Yambao and his wife who were able to adduce sufficient evidence of their financial capacity. [28] However, with respect to the Essensa East Forbes condominium un