What charges await Mike, Iggy for fakery

It could be revenge — or resolve. But Egypt brought bed-ridden former president Hosni Mubarak and two sons to court in a cage, for trial for murder. In the Philippines the family that allegedly stole billions of pesos stays un-arraigned. They continue to sway public policy and opinion. Gloria Macapagal Arroyo, sons Mikey and Dato, and brother-in-law Ignacio “Iggy” Arroyo sit in Congress. Husband Mike reportedly sits on a multibillion-peso hoard concealed in several utilities. Publicists invoke Christian compassion for the ailing ex-President Gloria to shush investigators of plunder, poll fraud, and tax evasion. This gives the Arroyo men elbowroom to cover up such scams as the 2009 midnight falsified sale of two used helicopters to the police as brand new.

STAR readers, like most Filipinos, see through the subterfuge. They wish Gloria well in battling infection from an implanted shoulder brace. But they also discuss what to charge malingering Mike and Iggy with, for faking a lease to throw off the chopper probe.

Lawyers say:

(1) Perjury. The Revised Penal Code, Article 183, forbids untruthful statements, even if outside a court trial, but to an official rendering an oath.

In suing Archibald Po for false Senate testimony, Mike swore by his assertions. That is, that he never bought but his LTA Inc. merely leased five aircraft from Po’s LionAir in March 16-May 15, 2004. But from all indications the contract is bogus. It was notarized on March 16, 2004, but the cedula of Renato Sia, signatory for LionAir, was dated April 2, 2004. Iggy, signatory for LTA Inc., had no ID; only he, never Sia, signed all pages of the lease; there were no witnesses.

More damning, the starting date of the lease, March 16, 2004, contradicts official records that Mike himself presented. The lease detailed the Robinson manufacturer serial numbers and government license numbers of five helicopters. But Customs papers show that the aircraft arrived from America on March 12, 17, and 24, for clearance, assembly and test-flight. Air Transport Office certificates show that these were registered on March 16, 23 and 30. Yet incredibly, Mike and Iggy knew and listed the two sets of numbers even before the units were uncrated and formally registered.

Mike made a false statement under oath before two Pasay City prosecutors. A false statement made during preliminary investigation makes the complainant liable for perjury (People v. Bautista, C.A., 40 O.G. 2491, cited by Reyes, p.273).

Penalty: imprisonment from four months and one day, to two years and four months.

(2) Falsification of public document. Article 172 penalizes private persons for any of the acts of falsification under Article 171. Included is falsely causing it to appear that persons participated in an act.

Mike and Iggy made it look that LionAir loaned five aircraft to LTA Inc. Yet no lease was contracted since Mike secretly owns the units. Whoever uses or benefits from a falsified document is legally presumed to be the author (Serrano v. Court of Appeals, et al., 404 SCRA 639 [2003]). Here it’s Mike, who used and took advantage of the falsified lease.

Penalty: imprisonment from two years, four months and one day, to six years, plus fine of not more than P5,000.

(3) Use of falsified document. Under Article 172, an offender will be punished if he uses a document, that he knows to be falsified, to damage another.

Mike used the “lease” as evidence to hold Po criminally liable. Since he used the bogus document, he is presumed to have known the falsification (Civil Service Commission v. Sta. Ana, 386 SCRA 1 [2002]).

Penalty: imprisonment from four months and one day, to two years and four months, plus fine of not more than P3,750.

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Several readers add another violation — of the Omnibus Election Code.

If indeed Iggy and LTA Inc. leased five aircraft, it was for Gloria’s 2004 presidential run. Yet the P9.8-million “lease” was not listed in her reports to the Comelec of campaign contributions and expenses. Eleven donors of P30 million to P7 million were declared; neither Iggy nor his LTA Inc. was among them. Of the total P101-million spending, P8.62 million — less than the P9.8-million “lease” — went to all types of land, water and air transport.

The Poll Synchronization Act of 1991 (R.A. 7166) decriminalized non-filing of campaign reports. Only administrative sanctions remain: P10,000-fine and bar from assuming office. Moreover, election offenses prescribe in six years; in this case, 2010. That clears Iggy, who never reported to the Comelec any contribution to Gloria. Still, Gloria swore by her Comelec submissions, so false entries could open her to charges of perjury and falsification, which prescribe in ten years.

Mike and Iggy are getting the suffering Gloria into trouble.

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Still other readers suggest that the Senate look into the financial books of LTA Inc. For, the “lease” may be fake, but the family firm may have deducted the P9.8 million from its 2004 gross income. This could spell charges of tax evasion against its president, Iggy. (“Lessee” Iggy’s name does not appear as a passenger in any of the five aircraft flight logs since 2004. Whereas, Mike flew 16 times and Mikey 69 times in the two choppers alone sold to the police.)

All these cases arise from the fake lease alone. Separate are the fraud and conspiracy that the Senate has unearthed in the chopper switcheroo. Sir Walter Scott was so right in saying, “Oh what a tangled web we weave, when first we practise to deceive.”

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