Overall Deputy Ombudsman Margarito Gervasio Jr. dismissed the complaint for "lack of evidence," saying the deal was a legitimate transaction that actually saved the government P369.9 million, or P4,645 per square meter, for the 79,638-square meter property.
Graft probers Medwin Dizon, Emmanuel Laurezo and Sherwin Casurao said they found nothing wrong with the government acquisition of the property from Velarde’s AMVEL Land Development Corp.
According to Gervasio, the government actually allowed a price of P20,000 per square meter for the property that would be used to link the C-5 Road with the Manila-Cavite Toll Expressway (MCTE) project.
"The amount is far below the original recommendation of Parañaque City Appraisal Committee to purchase AMVEL’s property at P20,000. There was no showing of undue injury," Gervasio said.
Velarde’s realty firm AMVEL Land Development Corp. "reluctantly agreed" to sell the property at P15,355 per square meter," he added.
Velarde was elated by the ruling.
"The rule of law has prevailed. We give thanks for the return of our reputation and the affirmation of our good intentions in selling the properties to help the government alleviate the traffic problems," Velarde said in a statement.
"Let us put this matter behind us in the festive and forgiving mood of the Christmas season. I just hope that Francisco will also do the same and refrain from resorting to extra-judicial means to achieve his objectives, whatever they may be," he added.
The lots located at Barangays Palasan and Calang-calangan in San Dionisio, Parañaque City were actually consolidated by Velarde’s group for a planned industrial estate but the plan was scuttled after Velarde agreed to sell the property to the government.
The complaint was filed by lawyer Ernesto Francisco, who claimed Velarde acquired the properties specifically to re-sell them at an "outrageous" overprice to the government which was seeking right-of-way for the MCTE project.
Francisco also claimed the sale was consummated in just two and a half working days in March 1999 at the behest of Estrada.
But Gervasio said probers found that the sale to the government by AMVEL "was consummated as early as May 1998 during the administration of former President Fidel V. Ramos."
However, the deal was delayed until the Estrada administration because of the re-appraisal of the properties done by the Tollways Regulatory Board (TRB) that further reduced the actual purchase price, Gervasio added.
"The events negate the complainant’s claim that the transaction was conducted in just two and half working days," the Ombudsman panel said, adding the purchase price could have been increased at that time.
Aside from Velarde and Estrada, also cleared were Velarde’s eldest son Franklin, former Executive Secretary Ronaldo Zamora, banker Manuel Zamora, former Prime Minister Cesar Virata, Luis "Buboy" Virata, former Public Works and Highways Secretary Gregorio Vigilar, TRB executive director Mariano Benedicto II, officer in charge Ramon Dumaual, coordinator Ruben de Ocampo and former Public Estates Authority chairman Frisco San Juan, PEA general manager Arsenio Yulo, former Metro Manila Development Authority general manager Robert Nacianceno, Patrick Gatan, Pasay City assessor Luis Medina-Cue, Parañaque City assessor Soledad Medina-Cue and Parañaque City engineer Silvestre de Leon.