THE Sandiganbayan First Division has approved a motion by government prosecutors that they be allowed to investigate a bank account suspected of being a repository of hot money from alleged fraudulent transactions of the Armed Forces of the Philippines-Retirement and Separation Benefits System (AFP-RSBS).

In a resolution promulgated April 3, the graft court junked objections raised by retired general Jose Ramiscal Jr., former AFP-RSBS president, where he argued that inquiry into the bank deposit would only delay his case. The court said the right to speedy trial is "deemed violated only when the proceeding is attended by vexatious, capricious and oppressive delays" which are not present in the said case.

The subject of the prosecution’s interest is Bank of Commerce savings account no. 0145-02366-1 where a P4.85 million Security Bank check issued by the AFP-RSBS was traced.

Security Bank check no. 157753 was supposedly paid to spouses Domeciana Ortega and Rodolfo Opeña, former owners of a lot purchased by the military pension fund in Tanuan, Batangas in 1997.

Assistant special prosecutor Gay Marie Rafael said the check did not go to the Opeña couple but was allowed by Ramiscal to be withdrawn by another person and then deposited to the Bank of Commerce account.

The court ruling also effectively set aside Bank of Commerce’s claim that allowing the inquiry into the suspected deposits would violate the provisions of RA 1405 or the Law on the Secrecy of Bank Deposits.

Prosecutors were told to proceed with the presentation of the testimony Bank of Commerce-Legal Management Services head Marissa Espino on May 27 and 28, 2009 as to the real ownership of the said bank account.

Suspicion of anomaly in the land deal was aroused by the discovery of two deeds of sale pertaining to the same parcel of land - a unilateral deed dated July 24, 1997 with a purchase price of only P720,630; and a second deed of sale dated July 14, 1997 showing the property priced at P4,852,242.