Wednesday, October 23, 2013

Complaint vs Hagedorn for hiding 59 real properties from SALN

Complaint vs Hagedorn 
for hiding 59 real properties 
from SALN 

Toto Causing being interviewed by reporters after filing at Ombudsman


Those interested may read this complaint I filed against former Puerto Princesa City Mayor Edward S. Hagedorn.

The bases of the complaint are the documents certifying the existence of 59 properties, consisting of tax declarations.

You may read the entire complaint filed before the Office of the Ombudsman, which is posted below this:



Republic of the Philippines
Office of the Ombudsman
Ombudsman Bldg., Agham Road, Diliman, Quezon City




BERTENI “TOTO” CATALUÑA
CAUSING, president of Alab ng
Mamamahayag (ALAM) and
Hukuman ng Mamamayan
Movement, Inc. (HMMI)
                                Complainant,



        - versus -                         OMB C-C No. _______________
                                                          For:             PERJURY
                                                                             FALSIFICATION
                                                                             Violation of Section 8 in
                                                                             relation to Republic Act
No. 6713
EDWARD S. HAGEDORN,
Puerto Princesa, Palawan
                                Respondent.
x---------------------------------------x
Republic of the Philippines      )
City of Manila                  )SC


Complaint Affidavit

        I, BERTENI “TOTO” CATALUÑA CAUSING, of legal age,  president of Hukuman ng Mamamayan Movement, Inc. (HMMI) and president of Alab ng Mamamahayag (ALAM), Filipino, whose postal address is Unit 1, No. 2368 Leon Guinto St., Malate, Manila, after having been sworn to in accordance with law, do hereby depose and state:

1.  I am filing a complaint for nine (9) counts of falsification of public documents, nine (9) counts of perjury, and nine (9) counts of violation of Section 8 in relation to Section 11 of Repub lic Act No. 6713, otherwise known as “AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES,” against Edward Solon Hagedorn;

2.  The respondent is well-known and popular in Puerto Princesa City that subpoena for him can be coursed through the Chief of Police, Puerto Princesa City;

3.  These charges stemmed from the failure of the respondent to file his nine Satement of Assets, Liabilities and Net worth (SALN) by making it to appear that he did not own more than 50 real properties all registered in his name during his incumbency as mayor of Puerto Princesa City from year 2004 to 2012;

4.  The filing of his SALN is required by Section 17, Article XI of the 1987 Constitution, which states:

A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. ”
5.  This obligation of a public officer or employee is also included in the provisions of RA 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees under Section 8, which states:

“Section 8. Statements and Disclosure. – Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

6.  In his SALN from 2004 to 2012, Hagedorn did not declare his real properties which are the following:

a)   30,000 square meters Agricultural land in Barangay Bacungan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 002-20885 that is attached hereto as ANNEX “A;”

b)  12,909 square meters agricultural land with Transfer Certificate Title TCT-78015 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8004 that is attached hereto as ANNEX “B;”

c)   12,909 square meters agricultural land with Transfer Certificate Title TCT-87012 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8005 that is attached hereto as ANNEX “C;”

d)  21,009 square meters residential land with Transfer Certificate Title TCT-187989 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8193 that is attached hereto as ANNEX “D;”

e)   21,009 square meters residential land with Transfer Certificate Title TCT-187944 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8194 that is attached hereto as ANNEX “E;”

f)    21,009 square meters residential land with Transfer Certificate Title TCT-187943 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8195 that is attached hereto as ANNEX “F;”

g)   21,009 square meters residential land with Transfer Certificate Title TCT-188004 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8196 that is attached hereto as ANNEX “G;”

h)  21,009 square meters residential land with Transfer Certificate Title TCT-187990 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8197 that is attached hereto as ANNEX “H;”

i)    113,387 square meters residential land with Transfer Certificate Title TCT-074-2013000031 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8198 that is attached hereto as ANNEX “I;”

j)    96,555 square meters residential land with Transfer Certificate Title TCT-074-2013000028 in Barangay Bagong Bayan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 004-8199 that is attached hereto as ANNEX “J;”

k)  38,050 square meters agricultural land with Transfer Certificate Title TCT-162970 in Barangay Bagong Silang, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 039-8049 that is attached hereto as ANNEX “K;”

l)    3,518 square meters residential land with Transfer Certificate Title TCT-162972 in Barangay Bagong Silang, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 039-8045 that is attached hereto as ANNEX “L;”

m)3,518 square meters residential land with Transfer Certificate Title TCT-162971 in Barangay Bagong Silang, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 039-8046 that is attached hereto as ANNEX “M;”

n)  1,640 square meters residential land with Transfer Certificate Title TCT-15887 in Barangay Bancao-Bancao, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 005-14645 that is attached hereto as ANNEX “N;”

o)   9,960 square meters residential land with Transfer Certificate Title TCT-129631 in Barangay Bancao-Bancao, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 005-15409 that is attached hereto as ANNEX “O;”

p)  35,162 square meters agricultural land in Barangay Binduyan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 006-8164 that is attached hereto as ANNEX “P;”

q)   96,555 square meters residential land with Transfer Certificate Title TCT-176245 in Barangay Cabayugan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 008-2242 that is attached hereto as ANNEX “Q;”

r)    1,452 square meters residential land in Barangay Cabayugan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 008-2243 that is attached hereto as ANNEX “R;”

s)   40,166 square meters residential land with Transfer Certificate Title TCT-074-2013000030 in Barangay Cabayugan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 008-2477 that is attached hereto as ANNEX “S;”

t)    40,167 square meters residential land with Transfer Certificate Title TCT-074-2013000027 in Barangay Cabayugan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 008-2478 that is attached hereto as ANNEX “T;”

u)  38,688 square meters residential land with Transfer Certificate Title TCT-186616 in Socrates Road, Barangay Irawan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 012-8037 that is attached hereto as ANNEX “U;”

v)   772 square meters residential land with Transfer Certificate Title TCT-182669 in Barangay Maligaya, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 048-1358 that is attached hereto as ANNEX “V;”

w) 192.46 square meters residential building in Barangay Maligaya, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 048-1182 that is attached hereto as ANNEX “W;”

x)   284 square meters commercial land with Transfer Certificate Title TCT-180353 in Barangay Manggahan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 056-2769 that is attached hereto as ANNEX “X;”

y)   623 square meters commercial land with Transfer Certificate Title TCT-177153 in Barangay Manggahan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 056-2777 that is attached hereto as ANNEX “Y;”

z)   299.85 square meters commercial building in Barangay Manggahan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 056-2374 that is attached hereto as ANNEX “Z;”

aa)               226.80 square meters commercial building in Barangay Mangghan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 056-2401 that is attached hereto as ANNEX “AA;”

bb)              41,015 square meters agricultural land in Barangay Mangingisda, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 064-13081 that is attached hereto as ANNEX “BB;”

cc)                141 square meters commercial land with Transfer Certificate Title TCT-172147 in Barangay Maningning, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 057-8248 that is attached hereto as ANNEX “CC;”

dd)              6,816 square meters agricultural land in Barangay Masipag, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 052-8733 that is attached hereto as ANNEX “DD;”

ee)                1,110 square meters residential land with Transfer Certificate Title TCT-19837 in Barangay Masipag, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 052-8727 that is attached hereto as ANNEX “EE;”

ff)  84.46 square meters residential building in Barangay Masipag, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 053-7727 that is attached hereto as ANNEX “FF;”

gg)                570 square meters residential land with Transfer Certificate Title TCT-14844 in Barangay Milagrosa , Puerto Princesa City. This is covered by Tax Declaration No. T.D. 059-5812 that is attached hereto as ANNEX “GG;”

hh)              270 square meters residential land with Transfer Certificate Title TCT-80098 in Barangay Milagrosa, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 059-6007 that is attached hereto as ANNEX “HH;”

ii)  7,749 square meters agricultural land with Original Certificate Title OCT-4131 in Barangay Napsan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 020-11463 that is attached hereto as ANNEX “II;”

jj)  2,144 square meters residential land with Transfer Certificate Title TCT-13512 in Barangay Napsan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 020-11291 that is attached hereto as ANNEX “JJ;”

kk)              52,037 square meters residential land with Transfer Certificate Title TCT-187942 in Barangay Napsan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 020-11922 that is attached hereto as ANNEX “KK;”

ll)  29,030 square meters residential land with Transfer Certificate Title TCT-188137 in Barangay Napsan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 020-11923 that is attached hereto as ANNEX “LL;”

mm)          23,084 square meters residential land with Transfer Certificate Title TCT-074-2013000068 in Barangay Napsan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 020-11925 that is attached hereto as ANNEX “MM;”

nn)              240,100 square meters agricultural land in Barangay Salvacion, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 025-4472 that is attached hereto as ANNEX “NN;”

oo)               10,000 square meters residential land with Transfer Certificate Title TCT-94058 in Barangay San Jose, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 026-21182 that is attached hereto as ANNEX “OO;”

pp)              1,130 square meters commercial land with Transfer Certificate Title TCT-505 in Barangay San Miguel, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 027-19003 that is attached hereto as ANNEX “PP;”

qq)               900 square meters residential land with Transfer Certificate Title TCT-94059 in Barangay San Pedro, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 028-45038 that is attached hereto as ANNEX “QQ;”

rr) 438 square meters residential land with Transfer Certificate Title TCT-94057 in Barangay San Pedro, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 028-45130 that is attached hereto as ANNEX “RR;”

ss)                2,400 square meters residential land with Transfer Certificate Title TCT-16572 in Barangay San Pedro, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 028-47782 that is attached hereto as ANNEX “SS;”

tt)  776 square meters residential land with Transfer Certificate Title TCT-175218 in Barangay San Pedro, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 028-50088 that is attached hereto as ANNEX “TT;”

uu)              600 square meters residential land with Transfer Certificate Title TCT-074-2013000607 in Barangay San Pedro, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 028-51839 that is attached hereto as ANNEX “UU;”

vv)                151.80 square meters residential building in Barangay San Pedro, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 028-30189 that is attached hereto as ANNEX “VV;”

ww)            20,315 square meters agricultural land in Barangay Simpocan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 035-10737 that is attached hereto as ANNEX “WW;”

xx)               12,820 square meters residential land with Original Certificate of Title OCT-3604 in Barangay Simpocan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 035-11021 that is attached hereto as ANNEX “XX;”

yy)                19,485 square meters residential land in Barangay Simpocan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 035-11022 that is attached hereto as ANNEX “YY;”

zz)173,538 square meters residential land with Transfer Certificate Title TCT-074-2013000029 in Barangay Simpocan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 035-11035 that is attached hereto as ANNEX “ZZ;”

aaa)           10,000 square meters residential land with Transfer Certificate Title TCT-15909 in Barangay Sta. Lourdes, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 032-7161 that is attached hereto as ANNEX “AAA;”

bbb)          49,651 square meters residential land with Transfer Certificate Title TCT-182072 in Barangay Sta. Lourdes, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 032-7163 that is attached hereto as ANNEX “BBB;”

ccc)            10,000 square meters residential land with Transfer Certificate Title TCT-89069 in Barangay Sta. Monica, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 033-29473 that is attached hereto as ANNEX “CCC;”

ddd)          20,000 square meters residential land with Transfer Certificate Title TCT-176225 in Barangay Sta. Monica, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 033-29504 that is attached hereto as ANNEX “DDD;”

eee)            412 square meters residential land in Barangay Sta. Monica, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 033-30669 that is attached hereto as ANNEX “EEE;”

fff)1,000 square meters residential land with Transfer Certificate Title TCT-14811 in Barangay Simpocan, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 033-31811 that is attached hereto as ANNEX “FFF;”and

ggg)            600 square meters residential land in Barangay Tagburos, Puerto Princesa City. This is covered by Tax Declaration No. T.D. 037-5133 that is attached hereto as ANNEX “GGG;”

7.  As said, the foregoing lists of Hagedorn’s real properties were not declared in his SALN as proved by his SALN dated December 31, 2012 which he subscribed and sworn to on April 19, 2013 and submitted to the Office of the Deputy Ombudsman for Luzon on 4-30-13, or April 30, 2013; a copy of his SALN is attached hereto as ANNEX “HHH;”

8.  Hagedorn did not declare the foregoing real properties in his 2011 SALN which he subscribed and sworn to on April 2, 2012 that is attached hereto as ANNEX “III;”

9.  Hagedorn did not declare the foregoing real properties in his 2010 SALN which he subscribed and sworn to on April 4, 2011 that is attached hereto as ANNEX “JJJ;”

10.Hagedorn did not declare the foregoing real properties in his 2009 SALN which he subscribed and sworn to on March 30, 2010 that is attached hereto as ANNEX “KKK;”

11.Hagedorn did not declare the foregoing real properties in his 2008 SALN which he subscribed and sworn to on June 8, 2009 that is attached hereto as ANNEX “LLL;”

12.Hagedorn did not declare the foregoing real properties in his 2007 SALN which he subscribed and sworn to on April 10, 2008 that is attached hereto as ANNEX“MMM;”

13.Hagedorn did not declare the foregoing real properties in his 2006 SALN which he subscribed and sworn to on March 26, 2007 which is attached hereto as ANNEX “NNN;”

14.Hagedorn did not declare the foregoing real properties in his 2005 SALN which he subscribed and sworn on April 5, 2006 that is attached hereto as ANNEX “OOO;”

15.Hagedorn did not declare the foregoing real properties in his 2004 SALN which he subscribed and sworn to on March 22, 2005 that is attached hereto as ANNEX “PPP;”

16.All the annexes that are attached hereto are Certified True Copies;

17.Because he has filed his SALN consistently and consecutively in nine (9) years without disclosing the above-listed properties, although which may have been legitimately acquired, it has become very clear that the act of non-disclosing them become deliberate under the principle of the “totality of the circumstances”;

18.This therefore constitutes acts of making it appear that he did not own, or did not have any interest in, these undisclosed real properties, thereby constituting the crime of falsification for nine (9) counts;

19.Because the signature in the SALN is deemed by law to be accomplished as sworn and under the penaltites of perjury, it is now deemed that the respondent committed the crime of perjury also for nine (9) counts;

20.  Republic Act 6713 specifically defines the same act as a penal offense under Section 11 thereof, that a violation of any of the provision of Section 8 thereof is punished with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office;

21. As such, the respondent also committed nine (9) counts of violation of Sec. 8 in relation to Sec 11 of RA 6713;

22. Because the respondent is no longer a public employee, these criminal charges are the ones now being filed against him;

23. Hukuman ng Mamamayan Movement, Inc. is an organization of advocates for the installation in the Philippines of a People’s Justice System or Jury System, where the people themselves will participate in the decision making in the judiciary;

24. Alab ng Mamamahayag (ALAM) is an organization of advocates for total press freedom and justice;

25. In relation to their objective of justice, I as president of both HMMI and ALAM file cases every time I happen to stumble on corruption evidence like this one in this case;

26.Under the People’s Justice System, the participation of the people is necessary in every decision making in all courts and prosecution offices;

27. Under this system, the people participate through raffling and screening from them a group of 26 persons to be appointed to serve for six (6) months as the Grand Jurors in every province or city;

28.The duty of the members of the Grand Jury is to vote whether to file a criminal case in court against certain persons arrested or charged for crimes, assuring a very fair process to ensure that only those persons with strong evidence against them shall be held in prison and tried in court, assuring that there will be no political color in every case filed in court;

29. The Grand Jury system protects those being harassed or framed up by policemen, prosecutors and politicians wanting to imprison persons not supportive to them;

30. After their term of six (6) months, new Grand Jury members will be appointed to replace the incumbents and the same procedure shall be employed in choosing succeeding members;

31.  If jury system is imposed, those charged in court as determined by the grand juries shall be assured the fairest trial because the judges on issues on facts shall be a group of 12 ordinary persons with one alternate who will continue to sit while cases are tried daily;

32. Under jury system, trials for ordinary criminal cases can be completed in two to three days and the jurors are not allowed to go home until they voted for conviction or acquittal;

33.  Nevertheless, what is important for now is that their case against Hagedorn shall roll on in order to give him an opportunity to defend and clear his name;

34.  While I am desirous that this case be governed by a grand jury, I  nevertheless have faith in the Office of the Ombudsman that it will be fair in this case;

IN WITNESS WHEREOF, I sign this Complaint Affidavit this 23 October 2013 in the City of Manila.



BERTENI “TOTO” CATALUÑA CAUSING
Affiant
Driver’s No. NO2-94-24154, issued by LTO

        SUBSCRIBED AND SWORN TO BEFORE ME this 22 October 2013 in the City of Manila, affiant manifested his sufficient proof of identity written under his name.
Doc. No.: ___;
Page No.: ___;
Book No.: ___;

Series of 2013.

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