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.
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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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