UNEXPLAINED WEALTH RAP VS COUPLE WHO ARE OFFICIALS OF MMDA, DPWH

UNEXPLAINED WEALTH RAP VS COUPLE 
WHO ARE OFFICIALS OF MMDA, DPWH


Mr. Tirso N. Paglicawan, chairman of Hukuman ng Mamamayan Movement, Inc., is filing a complaint for unexplained wealth, grave misconduct, and conduct prejudicial to the best interest of the public service against the husband-and-wife who are both high officials at the Department of Public Works and Highways (DPWH) and Metropolitan Manila Development Authority (MMDA).

In his complaint to be filed before the Office of the Ombudsman, Paglicawan said that he based his complainant on the Statement of Assets, Liabilities and Networth (SALN) of the wife, MAXIMA M. QUIAMBAO, Engineer V, Director III, of the MMDA.

Her husband Edilberto G. Quiambao Jr. is assistant district engineer of the Quezon City Engineering District of the DPWH.

In the SALN, she listed that their total real properties was worth P16,523,726.00 without considering the two real properties that she declared to have been inherited.

In the same SALN, she declared their personal and other property to be worth a total of P1,668,000.00.

Paglicawan analyzed that it is impossible for the couple to have acquired this much considering their salaries in the government.

Paglicawan also cited that when Maxima was assigned as head of MMDA-EFCO in Napindan, she was reported to have earned millions from fishpen operators at the Laguna de Bay, paying in exchange for not unloading floodwater to save their fishpen.

The Complaint-Affidavit is attached below:



Republic of the Philippines
Office of the Ombudsman
Government Center Building
Agham Road, Diliman, Quezon City


TIRSO N. PAGLICAWAN, JR.,         
                                         Complainant,      

      - versus  -                                               OMB. CASE NO.___________
                                                         
MAXIMA M. QUIAMBAO,                    
                   Engineer V/ Director III,             
Metro Manila Development Authority; and       
EDILBERTO G. QUIAMBAO, JR.,     
                     Assistant District Engineer,
Quezon  City  First   Engineering  District,
National  Capital  Region,  Department of
                  Public Works and Highways,
                                       Respondents.
 x - - - - - - - - - - - - - - - - -  - - - - - - - x
Republic of the Philippines                    )
City of Manila                                      )SC


Complaint Affidavit

        I, Tirso N. Paglicawan, Jr., single, Filipino, of legal age and with postal address at No. 445 Mariano F. Jhocson Street, Brgy. 407, Sampaloc, City of Manila, after first having been sworn to in accordance with law, do hereby depose and declare:
(1)        I am filing this complaint for UNEXPLAINED WEALTH, GRAVE MISCONDUCT and CONDUCT PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE against respondents-spouses MAXIMA M. QUIAMBAO and EDLIBERTO G. QUIAMBAO JR., for their unexplained wealth, a violation under Republic Act No. 1379, for violation of this law, and the fact that the act constitutes conduct prejudicial to the best interest of the service;

(2)        MAXIMA M. QUIAMBAO is currently employed at the Metro Manila Development Authority (MMDA) as Engineer V and Director III;

(3)        Her husband EDILBERTO G. QUIAMBAO JR. is currently the Assistant District Engineer of the Quezon City Engineering District, National Capital Region, Department of Public Works and Highways (DPWH);

(4)        I am filing this complaint as a concerned citizen, an active advocate of clean governance capacity;

(5)        I am the chairman of the board of Hukuman ng Mamamayan Movement, Inc. (HMMI);

(6)        I can served with notices, subpoenas and other processes the address I state above;

(7)        Respondent Maxima M. Quiambao can be served with summons, notices, subpoenas and relative processes at her residence at No. 1179 Kundiman Street, Sampaloc, City of Manila or at her office at the MMDA, EDSA, Makati City;

(8)        Respondent Edilberto G. Quiambao, Jr. can be served with summons, notices, subpoenas and relative processes at the same address or at his office at the Quezon City First Engineering District, National Capital Region, Department of Public Works and Highway (DPWH) on EDSA, Quezon City;

(9)        The charges of unexplained wealth that I am filing against them are based on the information written on the Statement of Assets, Liabilities and Networth (SALN) of that the spouses submitted on March 22, 2011, covering the period of their assets and liabilities up to the year 2010;

(10)     As declared by Maxima on March 22, 2011, she was receiving an annual income of Four Hundred Seventy Three Thousand Six Hundred Seventy Six Pesos (Php473,676.00), although there are no supporting evidence to this claim;

(11)     There is no statement written in the same SALN as to how much respondent Edilberto was earning a year;

(12)     The SALN never stated that they won any amount from lotto being drawn by the Philippine Charity Sweepstakes Office (PCSO) or any winning from gambling at the Casino authorized by the Philippine Amusement Gaming Corp. (Pagcor);

(13)     In gist, summarizing the theory why this complaint is filed, it is that they acquired wealth that are huge enough and cannot be explained how they acquired it if the only bases are their salaries and other emoluments from the DPWH and the MMDA where both have been working;

(14)     In the SALN submitted by Maxima, she listed their real properties that she declared as conjugal as follows:

(a)        Residential house and lot in the City of Manila purchased in year 1990 with duly reported Current Fair Market Value (CFMV) amounting to Five Hundred Forty One Thousand Four Hundred Ninety Pesos (Php541,490.00);

(b)        Farmland in Batangas province procured in 1993 with Forty Thousand Three Hundred Twenty Pesos (Php40,320.00) reported CFMV;

(c)         Residential house and lot in Pampanga province bought in 1994 with reported CFMV of Twenty Two Thousand Four Hundred Ten Pesos (Php22,410.00);

(d)        Residential house and lot in Quezon City acquired in 1996 with reported CFMV of Four Hundred Sixty Four Thousand Two Hundred Pesos (Php464,200.00);

(e)        Another residential house and lot in the City of Manila obtained in 1997 with a reported CFMV of Three Hundred Forty Four Thousand Forty Pesos (Php344,040.00);

(f)          Again, a residential house and lot in the City of Manila purchased in 2000 with reported CFMV of One Million Six Hundred Fifty Three Thousand Five Hundred Fifty Pesos (Php1,653,550.00);

(g)        Another residential house and lot in the City of Manila bought in 2001 with reported CFMV of Three Million Nine Hundred Nine Thousand One Hundred Thirty Five Pesos (Php3,909,135.00);

(h)        Farmland in Pampanga purchased in 2002 with  reported CFMV of Forty One Thousand Six Hundred Seventy Four Pesos and Thirteen Centavos (Php41,674.13);

(i)          Again, a farmland in Pampanga obtained in same year of 2002 with reported CFMV of Twenty Eight Thousand Two Hundred Thirty Four Pesos and Fourteen Centavos (Php28,234.14);

(j)          Another farmland again in Pampanga bought in 2003 with CFMV of Eighty Eight Thousand Three Hundred Two Pesos (Php88,302.00);

(k)    A farmland was obtained as inheritance in 2006  with CFMV of Sixty Five Thousand Seven Hundred Eighty Two Pesos (Php65,782.00);

(l)     A residential house and lot in Pampanga was again obtained in 2006 as inheritance with CFMV of Thirty One Thousand Four Hundred Twenty Pesos (Php31,420.00);

(m)   Residential house and lot in the City of Manila was for the nth time purchased in 2009 with CFMV of One Million Seven Hundred Eight Thousand Five Hundred Thousand Pesos (Php1,708,500.00); and

(n)    An additional residential house and lot was bought again in the City of Manila in 2010 with CFMV of Two Hundred Twenty One Thousand Three Hundred Forty Pesos (Php221,340.00).

(15)     The total amount of the current value of their real property was written at the SALN as P16,620,928.00;

(16)     Subtracting therefrom the real properties that she declared as inherited, the total current value of the real properties acquired by the couple during their employment in the government is P16,523,726.00;

(17)     In their list of personal properties acquired from 1986, Maxima listed these as follows:

a.   Appliances purchased in year 1986 to 2009 of which the acquisition cost is Two Hundred Fifty Thousand Pesos (Php250,000.00);

b.   Jewelries obtained in 1986 to 2009 at One Hundred Twenty Thousand Pesos (Php120,000.00);

c.   Owner-type jeepney acquired in 1990 at Sixty Thousand Pesos (Php60,000.00);

d.   A car (Hilander Isuzu) bought in 1998 at Five Hundred Seventy Eight Thousand Pesos (Php578,000.00);

e.   An Elf (Isuzu) vehicle procured in 2007 at Three Hundred Forty Thousand Pesos (Php340,000.00);

f.    They have cash on bank amounting to Two Hundred Thousand Pesos (Php200,000.00); and

g.   Cash on hand is One Hundred Twenty Thousand Pesos (Php120,000.00).

(18)     The sum of their Personal and Other Properties was listed by Maxima in the same SALN as One Million Six Hundred Sixty Eight Thousand Pesos (Php1,668,000.00);

(19)     On top of these, Maxima named their business interests as follows:

NAME              NAME OF COMPANY/ ADDRESS        NATURE OF     DATE OF
BUSINESS       ACQUISITION

Agricultural   Business/ Sta. Rita,           Partner                   1994
                   Pampanga

Agricultural   Business/ Batangas            Owner                    1986

Financing      Business/ Sta. Rita,           Partner                   1990
          Pampanga

Canteen        Orange Chef/ Manila          Owner                    2009

House           Business/ Manila and         Owner                    2009
Rentals         Quezon City


(20)     The sum of their Personal and Other Properties was listed by Maxima in the same SALN as One Million Six Hundred Sixty Eight Thousand Pesos (Php1,668,000.00);

(21)     Adding the total amount of the real properties without considering those declared as inherited to the personal and other properties, the total assets of Maxima and her husband is: P18,191,726.00;

(22)     Now, since the first entry in the SALN was in the year 1986, it is safe to assume that they started their employment with the government in 1986;

(23)     Considering the fact that the salaries in 1986 were too small compared to 2010, and considering further that they were yet low-ranked employees, and considering further the cost of life and the normal life of expenses in the daily lives of any family, it is highly improbable for the couple to have acquired this much of assets;

(24)     As such, it is improbable for them to acquire over 26 years the total amount of P18,191,726.00 even if they were the thriftiest couple on earth;

(25)     Invoking the experience of mankind, the expenses of maintaining a family would eat up more than 50% of their income yearly;

(26)     Then there is such a thing as income taxes to be paid every year, dwindling down further the net income to only about 20% in the maximum;

(27)     If 20% of P472,676.00 is the net, then the supposed net income of the couple in a year  in 2010 was only P94,535.20;

(28)     So that even if we multiply P94,535.20 by 26 years, the most possible income they could accumulate to acquire real and personal properties should only be P2,457,915.20;

(29)     Now, P2,457,915.20 is too far from P18,191,726.00 that is the total of their real and personal properties as of the year 2010;

(30)     It is therefore indispensable for the couple to explain why is it that they earned this much when it cannot be supported by their income;

(31)     So that even if it were to assume that we double the income because the two of them have worked in the government, the most possible income they should have over 26 years should only be P4,915,830.40, still too far from the total of P18,191,726.00 they had in the year 2010;

(32)     Now, we analyze their declared liabilities that are as follows:

a.   MORTGAGE from Metro Bank – P4,000,000.00;

b.   Personal loan from parents – P3,500,000.00; and

c.   Mortgage Loans from relatives – P1,400,000.00;

(33)     Now, assuming that these loans can support the acquisitions in real and personal properties, still it is improbable that they can pay the monthly installment payments for these loans if they were only to rely on their salaries;

(34)     These amounts of loans require at least a monthly installment of P100,000.00 and yet they do not earn P100,000 a month even with their combined salaries, considering they have yet to face withholding income taxes;

(35)     A copy of SALN is attached as ANNEXes “A” and “A-1”;

(36)     Further, it can be borne from the service records and of the MMDA that Maxima was assigned as the head of MMDA-EFCOS at Napindan;

(37)     It has been reported that as head of the same unit of MMDA, she was receiving millions of pesos annually from businessmen in Laguna de Bay in exchange for holding off and ceasing the release of water from Napindan Floodway;

(38)     The businessmen needed to protect their fish pens from floods to protect their fish;
                    
Motion for Preventive Suspension


(39)     The evidence that the wealth cannot be explained is prima facie;

(40)     It is prima facie because if they cannot be explained, these are sufficient to convict them for unexplained wealth and for the government to forfeit these property;

(41)     Other than the fact that there is now a prima facie evidence of the existence of unexplained wealth, it is necessary for them to be placed under preventive suspension to prevent them from tampering with evidence;

(42)     The prima facie evidence also infers dishonesty on the part of the couple, for it were otherwise they could have placed amounts that are reasonably supported by their incomes;

(43)     Under Section 9 of Administrative Order No. 17, amending Rule III of Administrative Order No. 7, a concurrence of the following requisites is enough to justify preventive suspension, which are:

a.   The charges involve dishonesty, gross misconduct and gross neglect in the performance of duty;

b.   The charges if proven would warrant dismissal from service; and

c.   The continued stay in office may prejudice the just, fair and independent disposition of cases filed against them.

IN WITNESS WHEREOF, I signed this Complaint Affidavit this 15th of July 2013 in the City of Manila.




TIRSO N. PAGLICAWAN, JR.
BIR ID No. 137-491-315
Complainant
  

SUBSCRIBED AND SWORN TO BEFORE ME on this __ July 2013 in Manila, affiant exhibiting his BIR ID No. 137-491-315.

Page No.: ____;
Doc. No.:  ____;                                              Notary Public
Book No.  ____;
Series of 2013













REPUBLIC OF THE PHILIPPINES              )
CITY OF MANILA . . . . . . . . . . . . .         ) SC.


Verification and Certification


I, TIRSO N. PAGLICAWAN, JR., Filipino, of legal age and with postal address at No. 445 Mariano F. Jhocson Street, Brgy. 407, Sampaloc, City of Manila, Philippines, after having been sworn to, do hereby depose and say that:

(1)      I am the complainant in the above-entitled cases;

(2)      I caused the preparation of this Complaint-Affidavit and fully understood its contents;

(3)      I have read all the allegations contained herein and they are true of my personal knowledge and based on authentic records;

(4)      I have not filed any other complaint of this nature in any other court, tribunal or quasi-judicial bodies.

(5)      Should I learn of any similar action, I shall inform the Honorable Office of the Ombudsman within five (5) days.

IN WITNESS WHEREOF, I sign this ___ of July 2013 in the City of Manila.
  

TIRSO N. PAGLICAWAN, JR.
BIR ID No. 137-491-315
Complainant

SUBSCRIBED AND SWORN TO BEFORE ME on this __ July 2013 in Manila, affiant exhibiting his BIR ID No. 137-491-315.

Page No.: ____;
Doc. No.:  ____;                           Notary Public
Book No.  ____;
Series of 2013
 
   
 


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