Charges filed against LRA official, wife

MANILA, Philippines - The Office of the Ombudsman has ordered the filing of criminal charges against an official of the Land Registration Authority (LRA) and his wife for failure to disclose their properties in their Statements of Assets, Liabilities and Net Worth (SALN) and amassing wealth beyond their lawful incomes.

Charged with eight counts of perjury and eight counts of violation of Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) were Alberto Lingayo Sr., acting chief of the Ordinary and Cadastral Decree Division, and his wife, Bella de Belen, former Land Registration Examiner.

In a 15-page Order, the Ombudsman denied the motion for reconsideration filed by the Lingayos praying for the reversal of its resolution dated Aug. 31, 2007, which ordered the filing of criminal charges and a petition for forfeiture of their alleged ill-gotten wealth.

The cases against the spouses stemmed from a complaint filed by the Ombudsman’s Field Investigation Office, alleging that they accumulated unexplained wealth amounting to P14.7 million from 1995 to 2004, despite having a combined total salary of only P2.04 million.

Their acquired assets include several parcels of land amounting to P5.4 million, three speedboats worth P1.1 million, fishing equipment worth P1.05 million, jewelry and furniture worth P2.2 million, and several luxury vehicles including a Nissan Cefiro, a Ford Explorer and a 2004 model Ford Escape.

In addition to acquiring unexplained wealth, the spouses also failed to disclose in their respective SALNs for the years 1996 to 1998 and 2002 several real properties in Novaliches and Bulacan; investments at Outdoor Sports, Inc.; and the capital of their surveying business.

In its Order, the Ombudsman upheld its earlier Resolution that “there is overwhelming evidence to show that the respondent-spouses have been living an ostentatious lifestyle, which is not commensurate to their positions and salaries as public officers.”

The same resolution also said that the spouses’ non-disclosure is “in flagrant violation of Republic Act 6713, which requires them to disclose all their assets, liabilities and business interests therein,” and that “since the deliberate omission was made under oath, before a competent officer authorized to administer oath, they can also be held liable for perjury.”

In a separate case, the Ombudsman also ordered the filing of charges for three counts of malversation of public funds under Article 217 of the Revised Penal Code against Angelita Belen, former City Treasurer of San Pablo City, Laguna.

In the complaint filed by Eden Rafanan, regional cluster director of the Commission on Audit (COA)-Region IV, it was alleged that Belen, together with Revenue Collection Officer III Marivi Velasco and Cashier VI Arjan Babani, facilitated the misappropriation of government funds amounting to P277,340.

The COA report revealed that on Dec. 2, 2005 and March 1, 2006, Belen borrowed P70,000 and P55,000, respectively, from the market division and local revenue collections of the Treasury Department, promising to pay them on the same day. 

When she failed to do so, Belen issued two checks, which bounced due to insufficiency of funds.  

She only managed to settle the respective amounts on March 4 and 7, 2006.

The same report disclosed that on Dec. 9, 2006, Belen once again issued a check worth P150,000, which she delivered to the Market Division as partial payment for the electric consumption fees of a fastfood joint. 

The said amount was meant to offset the personal obligation Belen had incurred with a certain Chiquito, franchise owner of the fastfood joint. 

Once again, the check was dishonored and was only settled on July 19, 2006.

In an 18-page Resolution, the Ombudsman said that “there was bad faith and an intention on her part to defraud the government. Her subsequent settlement or payment of the amount borrowed would not in anyway exculpate her from criminal liability.”

Velasco and Babani, on the other hand, were both reprimanded for their participation in the misappropriation.

The Ombudsman said that when Velasco, as the one in charge of the local revenue funds, “lent money to respondent Belen from the collections of the city government of San Pablo City, (she) had allowed her to use and benefit from the public funds.”

In Babani’s case, the Ombudsman said that “when the checks issued by respondent Belen bounced for insufficiency or lack of funds, he never made the proper action,” which is to demand that Belen settle in cash her obligation or replace the dishonored check.