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OFFIGE OF THE
Agham Road, Diliman Quezon City
MANUEL P. ME.IORADA
FOR: PLUNDER in violation of Section 2, RA 7080
UNEXPLAINED WEALTH In violation of Section 8
FRANKLIN M. DRILON
Senate President Republic of the Philippines Pasay City
DISHONESTY, MALVERSATION OF PUBLIC tr'UNDS, GRAVE MISCONDUCT
Hon. CONCHITA CARPIO-MORALES
Ombudsman Agham Road, Diliman Quezon City Madam:
I am filing a CRIMINAL COMPLAINT against FRANKLIN M. DRILON, Senate President, Republic of the Philippines for:
1. PLLTNDER in violation of Section 2, Republic Act No. 7080; 2. TINEXPLAINED WEALTH, in violation of Section 8, Republic Act No. 3019; 3. DISHONESTY, MALVERSATION OF PUBLIC FLINDS AND GRAVE
MISCONDUCT. In support thereof, I have hereby attached my AFFIDAVIT containing the facts and circumstances to prove the commission of these offenses together with its attachments.
Iloilo City for Quezon City, Philippines, October 4,2013.
Republic of the Philippines )
I, MANUEL P. MEJORADA, of legal age, Filipino, rnarried, and a resident of No. 2 Kasoy St., Block 11, Villa San Lorenzo Subdivision,Lapaz.Iloilo City, after having been dulv sworn in accordance with law, do hereby depose and say:
I am a journalist by profession. Previously, I had worked as Provincial Administrator of Iloilo from 2001-2010, and technical consultant of SENATOR FRANKLIN M. DRILON for the period September 1. 201O-June 30. 2010. As Provincial Administrator of Iloilo, I was assigned as liaison officer of the Province to the office of SENATOR DRILON, and as pad of my duties, I accompanied him during his visits to lloilo and I was present in most of his official and personal activities in Iloilo during the years 2001-2010. In the course of my present and previous work, I have uncovered information that
point to an instance of PLTINDER in the funding and implementation of a noble project to provide housing for the homeless and prima facie evidence for LINEXPLAINED WEALTH against SENATOR DRILON. On the basis of such information, I am filing this complaint for PLLINDER, LINEXPLAINED WEALTH, MALVERSATION OF PUBLIC FUNDS, DISHONESTY, GRAVE MISCONDUCT and other offenses that may be established by the Honorable Ombudsman against SENATOR DRILON. The facts and circumstances that I am narrating are drawn from personal knowledge, emails between myself and SENATOR DRILON, ne\sspaper stories taken liom online archives.
(For PLIINDER as defined by Section 2, RA 7080)
On July 10, 2011, I communicated with SENATOR DRILON by emailr informing him about an anomalous transaction involving the overpriced purchase of a 16.2hectare agricultural property in Barangay San Isidro, Jaro. Iloilo City by city officials led by then City Mayor Jerry P. Trenas. In that email, I narrated to SENATOR DRILON that the city government, using his PDAF which was coursed through the National Housing Authority (NHA), bought
the aericultural property for the amount of P63,180,000 when its fair market value
was pegged at only P17 per sqm., or a total of P2,754,030.00. The BIR zonal value for the property was P8,100,000. The transaction took place on January 25, 2006.
8. That same day, SENATOR DRILON. using the email address firstname.lastname@example.org
replied to my email: What was the fair market value? In the airport, the value per tax dec. was 12.50 pesos per sq. meter. We paid 60 pesos. Just be certain. And accurate so you don't expose yourself to libel again. SFMD"
SENATOR DRILON, who used the initials SFMD as signature for his email, mentioned the "airport". It refers to the negotiation with landowners in the towns of Sta. Barbara and Cabatuan, Iloilo for the purchase of more than 200 hectares of agricultural lands which subsequently became the site of the new Iloilo Airport of International Standards. The negotiations took place sometime in 2002 and 2003. I was involved in the negotiations in my capacity as Provineial Administrator of Iloilo. 10. The "airport" agricultural lands were productive lands. And as compensation for the farmers who were going to lose their source of livelihood, the national government agreed to compensate them for 4.8 times the fuir market value for their lands. 1 1. In this case for the relocation site, the properly was an idle agricultural land, prone to floods, and at that time i.naccessible to transportation and public utilities. The purchase price was 22.28 times the fair market value. 12.Thenext day, July 11,2011, I emailed2 SpNatOR DRILON a copy of a newspaper story' I had written about the overpriced purchase of the relocation site which was paid from his PDAF coursed through the NHA. 13. SENATOR DRILON became involved in this transaction because atthattime, NHA had no available funds to release to the Iloilo City Government as assistance for the purchase of a relocation site. During one of his visits to Iloilo City, Iloilo City officials led by then City Mayor Jerry P. Trenas met with him to seek his help. 14. I was present during that meeting sometime in March or April 2005. That meeting remains fresh in my memory because it marked the first time that Mayor Trenas publicly met with SENATOR DRILON in Iloilo City for a meeting. 15. It was public knowledge that SENATOR DRILON was locked in a rivalry with then Department of Justice Secretary Raul M. Gonzalez, and Mayor Trenas was identified with the latter. 16. Still, SENATOR DRILON agreed to help and directed his staff to prepare the paperwork to assign the amount of P63 million to the National Housing Authority from his PDAF. The amount was subsequently released in two tranches. 17. This is validated by a news story published in The News Today in its November 14, 20054 issue which reported that an amount of P27 million as initial fund was released to the Iloilo City government. 18, It is manifestly clear from this exchange of email correspondence that SENATOR DRILON came to know, if he did not know yet, about a highly anomalous transaction with the overprieed purchase of the relocation site utilizing his PDAF. 19. His knowledge and awareness about the anomalous transaction was increased with the story I emailed was the first segment of a three-part investigative report published in The News Today, a newspaper of general circulation in Iloilo City and the entire WestemVisayas region. 20.That story contained detailed information about how the anomalous transaction was perfected. 21. OnJuly 20,2011, the issue became public after Mr. Rommel Ynion filed a case for plunder against Trenas, who was by then Representative for the lone district of Iloilo City, and other city officials before the Office of the Ombudsman involving that transaction. 22.The criminal and administrative complaint was entitled, "Rommel S. Ynion versus Jerry P. Trenas, Katherine Tingson, Nelson Parreno, Rony Firmeza, Eduardo Penaredondo and Marilyn Inocencio". 23. Despite being informed about the glaring overpricing in the purchase of the relocation site utilizing his PDAF, SENATOR DRILON kept quiet, did nothing, and
Upon checking my archives, I discovered that this and Annex "A" have been deleted apparently by receiving party <email@example.com>, I managed to save Annex "A" in PDF file previously, 'Annex "8" Print out of online archive of news article entitle d "P2.7-M raw land in Jaro sold for P63.2M" in the
made no overt acts that would manifest his objection to the sarne, or bring the subject matter to the attention of the Commission on Audit or the Office of the Ombudsman. 24.The disinterest shown by SENATOR DzuLON to the obvious instance of plunder gave credence to the public statements of the realtor-broker who facilitated this transaction, Efren Gimeo, when he stated in a press conference on May 3,2010 that he gave hefty bribes to officials involved in the deal. 25. This claim of Gimeo was mentioned in my story dated July 11,2011 (he said he gave PT.25 million to City Mayor Jerry Trenas, P3 million to other city officials involved in the transaction, and another Pl million to a "close aide" of Mr. Trenas.). 26.In fact, Mr. Gimeo claims there was a death threat against him sometime in May 2010 as reported in the May 7,2010 issue of The News Todays because a person he described as "erstwhile powerful" in Iloilo City was mad his share of the conrmission was not fully paid. 27.Mr. Gimeo also claimed to have paid bribes to officials of the National Housing
Authority. He specified no amount. 28. Although there is no direct evidence that would point to the same, the fact that SENATOR DRILON didn't as much as raise an objection to the apparent misuse of his PDAF strongly suggests that he had partaken of the bribes, or at the least, consented to the bribery involved in the transaction, making him an indispensable party to its fruition because he provided the public funds from his PDAF. 29. A local columnist, Limuel Celebria, wrote in his column, "calumny", in the July 12, 2013 issue of The Daily Guardian6: "Or ask 89,,. Capt. Efren Gimeo, a radio reporter-turned realtor who brakered he sale of an agricultural land to the city government for relocation. The land was converted to residential and overnight its value swell to over P60 million. Every city government fficial, including a senator, had a share of the pie. Some even askedfor double their share. Gimeo, of course, is no longer talking about thisforfear of his life." 30. SENATOR DRILON had a duty to report the overpricing or initiated an investigation, for after all, as legislator who allocated P63 million from his PDAF, he is responsible for how the money --- taxpayers' money --- was spent. 31. This duty is clearly spelled out in the "Panunumpa ng Kawani ng Gobyerno" in the line that says, "Magsasalita ako laban sa katiwali -an atpagsasamantala", which every public otlcial and employee is supposed to know by heart and deed. 32.But he did nothing, and it raises the presumption that he profited from this transaction. 33. To add insult to the injury, the amount disbursed by the National Housing Authority was in the form of a loan which is to be repaid over a period of monthly
amortizations by the benefi ciaries. 34. It must also be underscored that the second sentence of Section 2, RA 7080 states: "Any person who participated with such public officer in the commission of said plunder shall also be punished." (Underscoring for emphasis) 35. Without the participation of SENATOR DRILON in providing for the funds, the anomalous transaction could not have pushed through. His participation was indispensable. 36. Based on the documents and calculations made, the overprice in the transaction was FIFTY FIVE MILLION ONE HLINDRED THOUSAND PESOS (P55,1OO,OOO.OO) based on the actual purchase price of P63,200,000 and the BIR zonal valuation of the property of P8,100,000 (which is higher than the fair market value indicated in the Tax Declaration). 37. If the overprice is based on the fair market value of P2.7 million, the amount would be P61.5 million.
Annex "D" Print out of archive article from The News Today entitled "Realtor in danger" in its May 7, ZOLA Annex "E" Print out of archive article from The Dailrr
ri^r n^.i+i^^c,, in lr..^
38. Mr. Gimeo did not speciS how much was the total in bribes he had paid. But the question may be asked: Where did the bulk of the overprice go?
(For Unexplained Wealth in violation of Section 8, Republic Act No. 3019) 39. SENATOR DRILON is culpable for "Unexplained Wealth" for accumulating real and personal assets that are grossly out of proportion to his income as Senator and other legitimate businesses, particularly during the period 2004-2007 in the 13th Congress and2}fi-2012 in the 15tr Congress. 40. In a published report, the Philippine Center for Investigative Journalism (PCIJ) under the heading "Money Politics"T, it was shown that the Statement of Assets, Liabilities and Net Worth (SALN) from the time he was elected Senator in 1995 to the year ending December 31,2011 contain the following relevant information:
Dec-11 Dec-10 Jun-10 Jun-07 Dec-06 Dec-05
Liabilities 21,580,000 5,000,000 9,000,000 0 0 7,000,000 7,000,000
Net Worth 44,937,604 33,442,730 34,79L,784
Senator Senator Senator
15,849,534 11,556,201 11,555,201 11,556,201 11,556,201 1L,556,2A7 11,556,201
Senator Senator Senator Senator Senator
Senator Senator Senator Senator Senator
SALN not on
9,015,999 9,015,999 9,515,999
15,999 15,999 302,155
11,556,201 11,556,2O1 326,000 326,000 326,000
9,L24.128 8,835,642 9,344,915 9,259.549 9,259,549 tL,167,1.95
Dec-98 Dec-97 Dec-96
9,654,916 9,474,409 9,293,394
not on file
41. The Philippine Star, published a summary of the SALN frled by Senators of the Republic for the year ending December 3l,2}l28,and established that SENATOR DRILON reported his SALN as follows:
'Annex "F' prinlout of online digital
PCIJ report on "Money politics,, Annex "G" print out of on[ine digital archive of The Philippine Star dated May 22,2oj.3forstory headlined, "Villar richest, Chiz poorest senator"
42.Based on the foregoing data,it can be established that the wealth of SENATOR DRILON, while he was Senator of the Republic, posted "spikes" or sudden surges in the size of his wealth between the period December 3T, 2004 and December 3 1 , 2005 anda steady climb from June 30,2010 to December 31, 2012. 43. SENATOR DRILON's net worth shot up by P7,645,190 in 2005 which was basically an increase in his personal assets. This represents a hefty 57.1 17o rise in his net worth in a period of one (1) year. 44. SENATOR DRILON'S net worth registered a steady climb in the short period from his assumption to office on June 30,2010 to December 31, 2012. a. In the six (6) months period from June 30, 2010 to December 31, 2070, SENATOR DRILON's net worth rose by P2,650,946, or 8.60/o. b. Between December 31,2010 and December 31, 2011,his net worth sharply increased by P1 1,494,87A, ar 34.37Yo. c. The momentum slowed down a bit, but still went up, from December 37,2011 to December 3 1 , 2012, with a rise of P6,8 16,7 63, or 15 .I6yo. 45. Section 2 of R.A. 1379 states that "whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlaufirlly acquired.,, 46. Section 8 of R.A. 3019 provides that the fact about unexplained wealth "shall be ground for dismissal or removal". 47 . The "spikes" or sudden upsurge in the net worth of SENATOR DRILON are prima facie evidence of unexplained wealth. 48. It is noteworthy to mention that SENATOR DRILON's assets went up to pg5.g million based on The Philippine Star summary of the 2012 SALN of Senators from P66.5 million the previous year. That is a big jump of P19.1 million in just twelve months. That is an increase of 28.7o/o. 49. SENATOR DRILON does not have extensive financial and business interests that would justit/ the giant leaps in his net worth from year to year, or even in a matter of six months. His publicly known legitimate income is definitely NOT sufficient to afford such acquisition of wealth.
50. The facts and circumstances narrated above establish that the essential elements for PLUNDER under Section 2, RA 7080 and LINEXPLAINED WEALTH under Section 8, RA 3019 are present, and I respectfully pray that this Honorable Office indict SENATE PRESENT FRANKLIN M. DRILON for these offenses. 51. In addition, the commission of the above offenses involve DISHONESTY, GRAVE MISCONDUCT, MALVERSATION OF PUBLIC FTINDS and other such offenses as may be determined by this Honorable Office, and this indictment ca6y the same. 52. There is a general sense of frustration and despair among many people in Iloilo City that these wanton plunder and effichment in public office havi gone unchallenged, or if complained about before the Ombudsman, do not even come close to holding the persons aceountable. 53- In his blog, "Hole of Justice", Iloilo cable TV talk show host afld columnist peter Jimenea wrote in a September 1, 2013 poste:
"senator Franklin Drilon, whether he admits it or not, is widely believed the one coddling and protects the undesirable underlings he had been tapping. But this tolerance to misdeed is malum in se - evil in itself."
54. This complaint is being filed to erase that perception that graft and corruption in the highest levels of government enjoys impunity and must in fact be confronted in the most aggressive manner. The Aquino administration's "matuwid na daan" platform is rendered meaningless when the Senate President of the Philippines is himself deeply involved in the comrption. 55. I am executing this affidavit to attest to the truthfulness of the foregoing facts and to support my CRIMINAL complaint against SENATE PRESIDENT FRANKLIN M. DRILON for (a) PLLINDER, (b) UNEXPLAINED WEALTH, (c) DISHONESTY, (d) GRAVE MISCONDUCT, and (e) MALVERSATION OF PUBLIC FLINDS.
IN WITNESS whereof, I have hereby affixed my signatur "rhi, Iloilo City for Quezon City, Philippines.
of October 2013 in
SUBSCRIBED AND SWORN to before me this day of October 2013. I hereby certify that I have personally examined the affiant and that I am fully satisfied that he voluntarily executed and understood his affi davit/complaint.
FOR THE CITY