January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199311 : January 16, 2012]
CROSS COUNTRY OIL AND PETROLEUM CORPORATION, ALELI A. ARELLANO AND JEROME D. CAÑADA V. ANTI-MONEY LAUNDERING COUNCIL [AMLC]
G.R. No. 199311 - (Cross Country Oil and Petroleum Corporation, Aleli A. Arellano and Jerome D. Caņada v. Anti-Money Laundering Council [AMLC])
RESOLUTION
Upon perusal of the records, the Court finds no reversible error committed in the issuance and extension of the Freeze Order on the basis of the evidence presented. The Court of Appeals correctly found probable cause that the subject bank accounts are related to the unlawful activity of smuggling. Probable cause, with respect to freeze orders, constitutes only such facts and circumstances which would lead a reasonably discreet, prudent or cautious man to believe that an unlawful activity and/or money laundering offense is about to be, is being or has been committed and that the account or any monetary instrument or property subject thereof sought to be frozen is in any way related to said unlawful activity and/or money laundering offense.cralaw
Moreover, the petition warrants denial for lack of a statement of material date showing when the notice of the Resolution of the Court of Appeals (CA) dated October 27, 2011 was received, in violation of Rule 45, Section 4(b) of the Rules of Court.
WHEREFORE, premises considered, the petition is hereby DENIED.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court