TWO landowners lodged a complaint against Cebu Gov. Gwendolyn Garcia, two Capitol officials and four government employees before the anti-graft office for alleged “land-grabbing.”
Leopolda Cecilio and lawyer Rodolfo Morelos asked Assistant Ombudsman for the Visayas
Virginia Santiago to investigate Garcia, Provincial Treasurer Roy Salubre, Provincial Assessor Anthony Sususco and four government officials for alleged falsification of public document, perjury, grave abuse of authority, illegal exaction, harassment and violation of the anti-graft law.
Updates on President Benigno Aquino III's presidency
The complainants alleged the Capitol officials conspired with four other government officials to falsify a notice of levy for non-payment of taxes, which the province used in forfeiting their 64-hectare property in Barangay Uling, Naga.
The property is estimated to be worth P100 million.
“The levy was illegal and void because it was based on a falsified document and the procedural requirements were not followed,” the complainants said.
Cecilio, through Morelos, had filed a complaint against Salubre, Sususco, Naga Municipal Treasurer Anna Maria Gabilan, Naga Municipal Assessor Alfredo Yong and lawyer Manolo Rubi of the Cebu Provincial Registry of Deeds in 2008.
The original complaint was for grave abuse of authority, harassment, misfeasance and malfeasance of duties.
Morelos told Sun.Star Cebu they decided to implicate Garcia and Rogelio Balaga, district officer of the Bureau of Internal Revenue in Talisay City, in the complaint.
Capitol spokesperson Rory Jon Sepulveda said it was an option for the Provincial Government for properties with delinquent tax dues.
"The time came when, according to our treasurer, the owners failed to pay the taxes. The Capitol consolidated the ownership of the property," he added.
"Atty. Morelos, who is a good friend, has a different stand or opinion on the matter.
He is questioning the transfer but the Provincial treasurer is standing pat on the stand that assessment of the tax dues of the property was done in a legitimate, regular manner,” Sepulveda added.
He added Morelos can always go to the court if he feels the stand of the provincial treasurer is wrong.
Morelos questioned the computation by the Provincial Government on Cecilio’s property since 1980. It allegedly indicated some P9 million in unpaid taxes.
Based on their assessment, as of 2002, Morelos said Cecilio was only supposed to pay P123,415.03 in taxes and he did so.
From 2002 to 2007, the delinquency reached P4,407.68 annually, including penalties and other charges.
In their supplemental pleading, Cecilio and Morelos, through their lawyer Manuel Ong, said Garcia ordered Salubre to levy their property for failing to pay taxes from 2002 to 2008, totaling to P7,380,039.30 as of May 2005.
Ong said the Notice of Levy was falsified and the amount of P143,847.25, used the basis of the levy, was changed to P 143,847,250.
The Provincial Registry of Deeds told Salubre the property was not properly levied since the Warrant of Levy and the Notice of Levy were not registered in the transfer certificate of title RT-1459 and no certificate of sale was presented for registration.
Ong said Governor Garcia should also be held responsible “for this mess” under the principle of command responsibility.
2 landowners file charges vs. Gwen, 4 other gov?t officials | Sun.Star Network Online