Preliminary probe on Aman case to be concluded today

MANILA, Philippines - The preliminary investigation on the syndicated estafa case against Manuel Amalilio and executives of Aman Futures Group Phils. Inc. related to the P12-billion investment scam that victimized some 15,000 people in the Visayas and Mindanao is set to be concluded today.

However, Department of Justice (DOJ) Secretary Leila de Lima said the resolution on the criminal charges will be delayed.

“But it’s just a slight delay,” she said.

De Lima said Aman board member Fernando Luna and his wife Nimfa are expected to submit their counter-affidavits when they appear before the special panel at the DOJ for the final hearing on the first set of syndicated estafa complaints.

“They were given more time by the panel to comply (with the filing of answer),” she said.

“We are according them due process so they could not complain of any violation of due process later through petitions in the Court of Appeals or Supreme Court which could delay this case.”

In the last hearing, Luna and his wife sought more time to submit their counter-affidavits, saying they only received copies of the complaints a few days before the hearing so they did not have ample time to prepare their answer.

Another respondent, agent Areceli Julian, was also summoned to personally affirm her answer, which she only subscribed before a notary public.

Senior Assistant State Prosecutor Edna Valenzuela, special panel of prosecutors head, said all respondents, except the Luna couple, were able to submit their counter-affidavits during the hearing.

“The complainants agreed to this resetting,” she said.

The resetting means the panel would not be likely to resolve the first set of complaints and possibly secure arrest warrants against Amalilio and other respondents before Dec. 28, the last working day of the year.

Amalilio is reportedly hiding in Kota Kinabalu in Malaysia. An arrest warrant would be needed to consider him a fugitive and compel him to return to the country to stand trial.

The DOJ panel had to cancel their original schedule for the hearing last Dec. 5 due to the devastation of typhoon “Pablo” in Mindanao.

Prosecutors had vowed to file the case against Aman in court before Christmas.

Valenzuela said they had to be careful in following preliminary investigation rules and procedures to accord the respondents due process.

The first hearing was held at the DOJ in Manila last Nov. 27.

Five Aman board members – Leila Lim Gan, Eduard Lim, Willanie Fuentes, Naezelle Rodriguez and Lurix Lopez – appeared and submitted affidavits detailing their roles in the investment scheme.

They wanted to turn state witness against Amalilio.

The DOJ has received at least 15 sets of complaints against Aman.

At the preliminary investigation last Nov. 16, the panel received six sets of complaints from the Pagadian City Prosecutor’s Office.

A week after, the DOJ received two sets of complaints from the Philippine National Police in Pagadian City.

The National Bureau of Investigation filed two other sets of complaints implicating Pagadian City Mayor Samuel Co in the scam, and two more complaints from victims in Cebu City and Zamboanga del Sur.

Another complaint was filed against Co and City Treasurer Flornina Gerona.

The panel also received two more sets of complaints from victims in Pagadian City, Tigbao and Labangan in Zamboanga del Sur, and Ozamis City, Misamis Occidental.

The Securities and Exchange Commission has also filed  separate charges of violations of Republic Act 8799, the Securities Regulation Code, against Aman and its executives.