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  1. Jade Marcilina
    November 17, 2014

    Republic of the Philippines
    OFFICE OF THE OMBUDSMAN
    Mindanao
    4th Floor, Herrera & Co., Bldg., Alvarez St., Davao City

    Case No.: _______________
    Complainant,

    – versus – For: Violation of Sec. 3
    (E) and Sec. 3 (G) of
    R.A. No. 3019
    VICENTE Y. EMANO,
    MARGARITO TEVES,
    GILDA PICO,
    RICHMOND LAGRITO, AND
    MEMBERS OF THE BOARD
    OF DIRECTORS OF THE
    LAND BANK OF THE
    PHILIPPINES,
    Respondents.

    X – – – – – – – – – – – – – – – – – – /

    C O M P L A I N T

    COMPLAINANT, by counsel, unto this Honorable Office respectfully states:

    That he is filing a complaint for violation of Sections 3 (E) and Section 3 (G) of Republic Act No. 3019 against the above-named individual respondents and responsible members of the Board of Directors of the Land Bank of the Philippines for acts committed as detailed in the attached Affidavit Complaint with annexes, a copy of which is hereto attached and collectively identified as Annex “A” hereof.

    WHEREFORE, premises considered, it is respectfully prayed, after proceedings in due course, that the respondents be indicted for violating Section 3 (E) and Section 3 (G) of R.A. 3019.

    Other reliefs just and equitable under the premises are likewise prayed for.

    November 12, 2014, Cagayan de Oro City for Davao City.

    REPUBLIC OF THE PHILIPPINES )
    CITY OF CAGAYAN DE ORO ) S.S.

    AFFIDAVIT-COMPLAINT
    I, ________________, of legal age, with address at _____________________Subdivision, _____________Cagayan de Oro City, after having been sworn to in accordance with law, hereby depose and say:
    1. That I am filing a complaint for violation of R.A. 3019 against Vicente Y. Emano, of legal age, with address at Macasandig, Cagayan de Oro City; Richmond Z. Lagrito, of legal age, with address at Land Bank Cagayan de Oro branch, Vlez St., Cagayan de Oro City, and the board of directors of the Land Bank of the Philippines, then headed by Margarito B. Teves and subsequently by Gilda E. Pico, as President and CEO, in connection with the unlawful mortgage of property that I donated conditionally to the city government in 2002 for the sole use in the establishment and operation of a terminal for eastbound public utility jeepneys in Cagayan de Oro City;
    2. That on May 23, 2002 I executed a notarized Deed of Conditional Donation in favor of the City Cagayan de Oro donating real properties I owned located at Gusa, Cagayan de Oro City, for the sole use in the establishment and operation of a terminal for eastbound public utility jeepneys in the City of Cagayan de Oro. A certified true copy of said instrument is hereto attached as Annex “A”;
    3. That the conditional donation covered three parcels of land more particularly described as follows: (1) a lot with an area of 2,180 square meters, more or less, embraced under TCT No. T-153898; (2) a lot with an area of 1,213 square meters, more or less, embraced under TCT No. T-153901; and a lot with an area of 1,391 square meters, more or less, embraced under TCT No. T-153902, all issued by the Registry of Deeds of the City of Cagayan de Oro. Certified true copies of the aforesaid certificates of title are hereto attached as Annexes “B”, “C”, and “D”;
    4. That after the donation, the said certificates of title were cancelled and replaced by the local Register of Deeds with TCT No. T-157116, TCT No. T-157117, and TCT No. T-157118, respectively, in the name of the donee city government. Certified true copies of said new transfer certificates of title are hereto attached as Annexes “E”, “F”, and “G”;
    5. That the donation contained conditions which were annotated on the new TCTs issued in the name of the donee City, thus:

    Conditions:
    That the area donated shall be used solely and exclusively for Terminal of East bound Public Utility Jeepneys;
    That no commercial establishments/or stalls for business purposes shall be allowed to be established or installed within the area donated;
    That in case the area so donated shall no longer be used by the City for the purpose to which the same is donated, the ownership shall ipso fact revert back to the Donor without need of any court action or Order;
    6. That on June 8, 2001 City Mayor Vicente Y. Emano, pursuant to an authority granted under City Council Ordinance No. 7757-2001, dated May 8, 2001, entered into an agreement with the Land Bank of the Philippines (LBP) to obtain a loan in the amount of three hundred ninety-eight million pesos (Php398,000,000.00) and mortgaging a parcel of land (Lot no. 1 of the cons. Subd. plan Pcs-10-002811) owned by the City, with an area of 29,782 square meters, more or less, and embraced under TCT No. T-144253 of the Registry of Deeds of Cagayan de Oro City, which covered the westbound jeepney and bus terminal and public market at Bulua, Cagayan de Oro City. A certified true copy of the City Ordinance No. 7757-2001 and the real estate mortgage between the City, represented by Vicente Y. Emano, and LBP, represented by its Cagayan de Oro Lending Center head, Hubert B. Quiblat, is hereto attached as Annex “H” and “I”, respectively;
    7. That pursuant to a requirement by LBP, the City Council passed Ordinance No. 8650-2003, subsequently approved by City Mayor Vicente Y. Emano, authorizing said city mayor to enter into and sign the First Amendment on Real Estate Mortgage Contract with the Land Bank of the Philippines covering the increase of the City’s principal loan/line accommodation to seven hundred fifty million pesos (Php750,000,000.00) from three hundred ninety-eight million pesos (Php398,000,000.00) or an increased of three hundred fifty-two million pesos (Php352,000,000.00). A certified true copy of said ordinance is hereto attached as Annex “J”;
    8. That, subsequently, Mayor Emano and the LBP executed on April 4, 2003 an instrument known as “First Amendment to Real Estate Mortgage Contract” increasing the loan principal/line accommodation of the City and providing as additional collateral the lot embraced under TCT No. T-157116, which was one of the lots I had conditionally donated to the City. A certified true copy of said instrument is hereto attached as Annex “K”;
    9. That subsequently still, Mayor Emano and the LBP executed on August 2, 2006 an instrument known as “Second Amendment to Real Estate Mortgage Contract” increasing the loan principal of the City by another two hundred fifty million pesos (Php250,000,000.00). A certified true copy of said instrument is hereto attached as Annex “L”;
    10. That the second amendment increased the total loan extended by the LBP to the City to one billion pesos (Php1,000,000,000.00), while being secured by the same collaterals already mortgaged as of the first amendment;
    11. That the total area of the lots mortgaged by the City to secure the loan (29,782 square meters, more or less, for the lot embraced under TCT No. T-144253 covering the lot for the Bulua westbound jeepney and bus terminal and public market buildings and 2180 square meters, more or less, covering the lot for the Gusa eastbound terminal building embraced under TCT No. T-153898), is only 31,462 square meters, more or less;
    12. That the total project cost for the construction of the westbound terminals, market buildings, drainage system and other improvements was only one hundred seventy-three million, nine hundred twenty-three thousand, seven hundred thirty-three pesos and 14/100 (Php173,923,733.14). A certified true copy of City Ordinance No. 7590-2001 authorizing the City Mayor to enter into a contract for the construction of the westbound terminals, market buildings, and other improvements for the amount of Php173,923,733.14 is hereto attached as Annex “M”;
    13. That per the official website of the Bureau of Internal Revenue (www.bir.gov.ph) the zonal valuation as of 2005 of commercial lots under Revenue District No. 98 (Cagayan de Oro City), particularly in barangay Bulua where the westbound jeepney and bus terminals and market buildings are located, is only three thousand five hundred pesos (Php3,500.00) per square meter, while those along the eastbound terminal in barangay Gusa is only (Php6,500.00) per square meter;
    14. That the value of the Bulua westbound terminals and market lot, per BIR zonal valuations, is only one hundred four million two hundred thirty seven thousand pesos (Php104,237,000.00), while the value of the Gusa eastbound terminal lot, also applying BIR zonal valuations, is only (Php14,170.00) or a total of one hundred four million two hundred fifty-one thousand seven hundred pesos (Php104,251,700.00);
    15. That even if the project cost of the Bulua westbound jeepney and bus terminals and public market buildings were to be included, the total loan extended to the City was way beyond in value of the mortgaged real properties and grossly insufficient to secure the loan;
    16. That in approving and executing the first and second amendments to the original mortgage contract between the City and LBP, the board of directors and officers of the Land Bank of the Philippines, including Margarito B. Teves, Gilda E. Pico and Richmond Z. Lagrito, violated Section 3(e) of R.A. 3019, as they have unduly prejudiced or caused injury to the government through gross inexcusable negligence by approving a loan principal/line accommodation increase that was not sufficiently covered by collateral, contrary to LBP loan regulations and sound banking practices, thereby unduly endangering dissipation of government funds held by the LBP;
    17. That, in approving and executing the first and second amendments to the original mortgage contract between the City and LBP, the board of directors and officers of the Land Bank of the Philippines, including Margarito B. Teves, Gilda E. Pico and Richmond Z. Lagrito, violated Section 3(g) of R.A. 3019 as they entered into a contract in behalf of the government that is grossly disadvantageous to the latter;
    18. That, in executing the first and second amendments to the original mortgage contract between the City and LBP and disposing of the loan proceeds, then city mayor Vicente Y. Emano abetted, conspired and confederated with LBP officials in violating section 3(e) of R.A. 3019 in causing undue injury or prejudice to the government through gross inexcusable negligence by approving a loan principal/line accommodation increase that was not sufficiently covered by collateral, contrary to LBP loan regulations and sound banking practices, thereby endangering dissipation of funds held by the LBP;
    19. That, in executing the first and second amendments to the original mortgage contract between the City and LBP, then city mayor Vicente Y. Emano abetted, conspired and confederated with LBP officials in violating Section 3(g) of R.A. 3019 in entering into a contract in behalf of the government that is grossly disadvantageous to the latter;
    20. That I am executing this affidavit-complaint to attest to the truth of the foregoing and for the purpose of initiating a criminal complaint against Vicente Y. Emano, Richmond Z. Lagrito, Margarito B. Teves, Gilda E. Pico, and the board of directors of the Land Bank of the Philippines for violation of Sections 3(e) and 3(g) of R.A. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.
    IN WITNESS WHEREOF, I have hereunto set my hand this __________ day of November 2014 in Cagayan de Oro City.

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