SC twice ordered Consing to be tried for fraud, but …

Any news about the Marcos Jr. admin’s “sovereign” Maharlika Investment Fund sparks controversy. So when Malacañang aide Rafael Jose Consing Jr. was appointed Monday as MIF president, documents swiftly spread online about his two cases of financial fraud.

“Red flags!” texts warned. Critics repeatedly have been expressing doubts about MIF’s aim and viability. As Consing’s appointer, President Bongbong Marcos appeared to have broken the MIF Law’s ban against officers previously convicted of estafa.

The online documents were of two Supreme Court verdicts on a land sale involving Consing and mother Cecilia De la Cruz. Pleadings were similar. In the first, dated Jan. 16, 2003, five justices of the SC 1st Division unanimously ordered Consing’s trial by the Imus, Cavite Court for criminal fraud.

In the other, July 15, 2013, five new justices of the SC 1st Division again unanimously ordered Consing’s trial by the Makati Court for criminal fraud. Reversed twice ten years apart were his pleas to the Court of Appeals to be spared from lower court criminal trials till resolution of two parallel civil suits.

Then-Justice Lucas Bersamin crafted the 2013 decision. He is now Marcos Jr.’s Executive Secretary. In such position, he must vet appointees like Consing prior to presidential signature.

Lower court trials ensued on common facts. In Feb. 1997, real estate firm Plus Builders inquired to buy De la Cruz’s 42.4-hectare Imus lot with Transfer Certificate of Title T-687599. After due diligence, Plus Builders’ lawyers advised it to proceed. Its general manager, Mariano Martinez, Jr. would later testify he was satisfied with the legal opinion.

Martinez would also later testify that he was then in joint land ventures with ex-classmate Ricardo Fernandez, president of Unicapital. Fernandez was a former co-worker of Consing’s. Conferring with Consing that July, Fernandez and Martinez asked him to be De la Cruz’s agent/attorney-in-fact. Subsequently, Plus Builders lawyers asked De la Cruz to designate Consing as such.

Sometime later, a certain Po Willie Yu came forward to claim ownership of the entire land. Two titles appeared to previously cover the property: Po’s TCT T-114708 and one Juanito Tan Teng’s TCT T-191408. The Cavite provincial capitol and the Land Registration Authority declared TCT T-191408 “spurious.”

A week apart in Jan. 2000, Plus Builders sued Consing in Imus and Unicapital in Makati for Estafa through Falsification of Public Documents. They accused De la Cruz and Consing of conspiracy. As well, that Consing misrepresented himself as lot owner to entice them despite knowing that TCTs T-687599 and T-191408 were fake.

Both Imus and Makati Courts acquitted Consing, with the latter also absolving him of civil liabilities.

Excerpts from the Imus Court’s conclusions on July 3, 2006:

• “Several loose ends [exist] in the prosecution’s evidence to establish falsification.”;

• “When Consing started to deal with Martinez in July 1997, it was as attorney-in-fact for his mother. [Given] Plus Builders’ prior due diligence, there was nothing Consing could’ve added to or detracted from Plus Builders’ independent evaluation. … [Its] own investigations in Feb.-Mar. 1997 convinced it about soundness of property purchase.”;

• “Hence, it cannot be said that Plus Builders was induced to part with its money or property because of false pretense and fraudulent act means by Consing.”;

• On alleged misrepresentation as co-owner, “Nothing from the Deed of Absolute Sale, Memorandum of Agreement, and Agreement with Plus builders by Consing [shows that] he represented himself to be other than agent for his mother.”

From the Makati Court, Feb. 4, 2016:

• “A perusal of records would show that not a single proof was adduced to establish forgery and falsification of TCT T-687599.”;

• “This Court is convinced that [Unicapital’s] deciding factor to pay was not the presence of Consing … [But] the Mar. 1997 due diligence report of the law firm.”;

• “Prosecution failed to prove beyond reasonable doubt the elements of Estafa Through Falsification of Public Documents under paragraph 2(a), Article 315, Revised Penal Code.”

Consing was as quick as his critics to send this column his rebuttal. Economists will continue to monitor how he runs MIF and who Marcos Jr.’s other board appointees will be. Transparency and accountability are needed because MIF’s P500 billion capital is people’s money.

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