SUPPLEMENTAL COMPLAINT VS HAGEDORN: HIDING JOLLIBEE INTERESTS, OTHER BUSINESSES

SUPPLEMENTAL COMPLAINT VS HAGEDORN:
HIDING JOLLIBEE INTERESTS, OTHER BUSINESSES

The following is the verbatim copy of the Supplemental Complaint I filed on 25 October 2013 at the Office of the Ombudsman, as an integral part of the Complaint I filed against him on 23 October 2013.

The first complaint treated the failure to disclose 59 real properties.

The Supplemental Complaint dealt with the failure to declare his business corporations, including the one that runs a Jollibee franchise store in Puerto Princesa, that for the last two years sold products at P114 million.

For this Supplemental Complaint, a press statement was posted by me.

The Supplemental Complaint is below:


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 Sections 87
& in relation to Section 11 of Republic Act
No. 6713

EDWARD S. HAGEDORN,
Puerto Princesa, Palawan
                                Respondent.
x---------------------------------------x
Republic of the Philippines      )
City of Manila                          )SC

Supplemental 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 have filed the above-captioned complaint against Edward Solon Hagedorn at the Office of the Ombudsman on October 23, 2013;

2.  Because of additional documentary evidences that I have discovered in relation to Hagedorn’s six (6) business interests that he failed to declare in his Statements of Assets, Liabibities and Net Worth (SALNs for brevity), and because of the fact that it was only now he learned of the residence address of the respondent, and further because he committed thirty-three (33) more counts of the crime of violation of Section 7(a) and Section 7(b) in relation to Section 11 of Republic Act 6713, I am filing this Supplemental Amended Complaint, I file this Supplemental Complaint;

3.  From the corporation papers where the name of the respondent appears as a stockholder, he listed his residence address as No. 1 Marcelo Compound, San Pedro, Puerto Princesa;

4.  The six business corporations where Hagedorn is one of the incorporators and stockholders, include the one that runs a hundred-million-pesos-yearly-selling Jollibee franchise in Puerto Princesa City;

5.  These businesses that have not been declared in his Statements of Assets, Liabilities, and Networth (SALNs) are the following:

a)   Palawan Jolly Foods Corporation, with principal office address at Rizal Avenue, Puerto Princesa City, Palawan, was issued a Certificate of Filing of Amended Articles of Incorporation by the Security and Exchange Commission (SEC for brevity) on August 27, 2010, but it appeared that it existed since December 17, 1998 as proved by an Acknowledgement notarized by Atty. Roberto A. Delos Reyes. This corporation that owns the franchise of Jollibee in Puerto Princesa had not been declared by Hagedorn in his SALNs for the years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012 (Nine counts).

All the documents relating to Palawan Jolly Foods Corporation are attached hereto as ANNEX “QQQ” series.

b)  Puerto Princesa Broadcasting Corporation, with principal office address at Centro De Benito Yaliva, 178 Rizal Avenue, Puerto Princesa City, Palawan, was issued a Certificate of Filing of Amended Artciles of Incorporation by the SEC on January 14, 2009, but it appeared that it existed since June 17, 2008 as proved by a Directors’ Certificate which was notarized by Atty. Leonido B. Arriola. This corporation had not been declared by Hagedorn in his SALNs for the years 2008, 2009, 2010, 2011 and 2012 (Five counts).

All the documents relating to Puerto Princesa Broadcasting Corporation are attached hereto as ANNEX “RRR” series.

c)   Puerto Prince Bee Foods Corporation, with principal office address at National Highway, Barangay San Manuel, Puerto Princesa City, Palawan, was issued a Certificate of Incorporation by the SEC on January 26, 2012. This coporation had not been declared by Hagedorn in his SALN for 2012 which he submitted to the Office of the Deputy Ombudsman for Luzon on April 30, 2013 (One count).

All the documents relating to Puerto Prince Bee Foods Corporation are attached hereto as ANNEX “SSS” series.

d)  Green Forest Blue Waters Corporation, with principal office address at 2384 Kanumayan Pensione Penthouse-A, Malate, Manila, was issued a Certificate of Incorporation by the SEC on January 8, 2008. This corporation had not been declared by Hagedorn in his SALNs for the years 2008, 2009, 2010, 2011 and 2012 (Five counts).

All the documents relating to Green Forest Blue Waters Corporation are attached hereto as ANNEX “TTT” series.

e)   Radiant Homes Land Development RHLD Inc., with principal office address at 178 Rizal Avenue, Puerto Princesa City, Palawan, was issued by the SEC a Certificate of Incorporation on October 23 2009 and a Certificate of Filing of Amended Articles of Incorporation renaming it to Radiant Forest Homes Development RFHD Inc. on October 18, 2011.  This corporation had not been declared by Hagedorn in his SALNs for the years 2009, 2010, 2011 and 2012 (Four counts).

All the documents relating to RHLD and RFHD are attached hereto as ANNEX “UUU” series.

f)    Hagedorn Travel & Tours Inc., with principal office address at National Hiway, San Pedro, Puerto Princesa City, Palawan, was issued a Certificate of Incorporation by the SEC on May 29, 2000. This company had not been declared by Hagedorn in his SALNs for the years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012 (Nine counts).

ll the documents relating Hagedorn Travel & Tours Inc.,  are attached hereto as ANNEX “VVV” series.

6.     The aforementioned documentary evidence form an integral part of the Complaint.-Affidavit earlier filed.

7.     In addition to the charges of three kinds of criminal offenses, I am also filing the charge of amending the complaint, I am filing against Hagedorn a criminal offense of violation of Section 7(a) and Section 7(b) in relation to Section 11 of Republic Act No. 6713, for a total of thirty-three (33) counts for all the corporations listed above and for all the years that he issued Mayor’s Permit to these business establishments.

8.  It is noted that despite being the mayor of the City of Puerto Princesa, he issued permits and licenses to all his businesses, despite the fact that it is undisputable that he has had financial and material interests in all these corporations.

9.  The respondent knows that as the mayor he knew that every issuance of license and mayor’s permit is not a simple ministerial matter but one that requires judgment.

10.              The respondent deliberately ignored the fact that the businesses he approved for his corproations have had competitors in the City.

11.              For being so interested in the businesses, the respondent placed himself in material and financial conflict with his office.

12.              Because he approved the business permits of these corporations where he is a major stockholder, the respondent violated Section 7(a) and Section 7(b) of RA 6713, to wit:

Section 7. Prohibited Acts and Transactions. — In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. — Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto. — Public officials and employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or

13.              Under Section 11 of the same Act, any public officer committing the acts stated in Section 7 shall be punished with an imprisonment of 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.

14.              Thus, it is very clear that by maintaining these corporations running businesses in Puerto Princesa City, the respondent committed also the crimes of violating Section 7(a) and Section 7(b) of RA No. 6713 for thirty-three counts.

15.              To serve the public good, the Office of the Ombudsman must not let this pass unpunished.

16.              In this trying time when the citizens are bombarded with munomental corruption acts in relation to the Priority Development Assistance Fund (PDAF), Malampaya Funds and other discretionary funds, which amount to tens of billions of pesos that only went to the pockets, it is revolting to conscience for Mr. Hagedorn to go scot-free and laughing all the way to the bank.

IN WITNESS WHEREOF, I sign this Supplemental Amended Complaint this 25 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 25 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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