By Charlie V. Manalo
The Daily Tribune
The Daily Tribune
It’s now a case of the hunter now becoming the hunted, with Louis “Barok” Biraogo hunting down Sen. Loren Legarda.
While she was one of 20 senators who had pinned down former Supreme Court (SC) Chief Justice Renato Corona on the basis of failing to disclose his foreign currency account in his Statement of Assets, Liabilities and net worth (SALn), and underdeclaring his property acquisitions, which led to his conviction and ouster from office, senatorial frontrunner Legarda may yet suffer the same fate as that of the former chief justice, ironically on the basis of the very same issue.
This was after self-proclaimed public interest advocate Biraogo yesterday bared at a press conference held in Quezon City that he is set to file on Monday charges against the re-electionist senator for failing to disclose in her SALn from 2006 to 2010, her $700,000 condominium in posh Park Avenue, Manhattan, New York City.
This is on top of what he says is her P200-million mansion located in another posh village, Forbes Park in Makati registered under her own corporation. However, in interviews with different media entities earlier in the day, Legarda vehemently denied she had failed to disclose her New York property in her SALn in the years questioned.
“I am not hiding any anomaly,” she said.
In a press release sent to the Tribune, Legarda lamented the continued misinformation campaign against her, stating these were all part of black propaganda meant to pull down her consistent top ranking in election surveys.
Legarda was reacting to a smear online campaign alleging non-disclosure in her SALn of the NYC property.
She attached a certification prepared by her lawyers, saying “The certification I have in my hand, prepared by my lawyers, is clear: The Statement of Assets, Liabilities and Networth (SALn) I filed in June 30, 2007 includes the New York property subject of the black propaganda, described as ‘Other Investment’ in Annex A, in the amount of P 7,175,000 equal to one-fourth of the total investment in the acquisition of apartment amounting to P 28,700,000. Beginning December 31, 2007 up to December 31, 2010, the same property was also included on the SALN described as “Equity in Real Property”, also one-fourth of the total P 28,700,000. As of December 31, 2011 and December 31, 2012 the New York property was also included in my SALn described as “Real Property-USA.”
Legarda said it is deplorable that people, possibly even some fellow candidates, could engage in such gutter politics, diverting people from the real issues.
“It’s political season and I have survived to answer clearly all the black propaganda hurled against me. I challenge the source of all this to come clean. I ask other candidates to stick to what we as candidates can do to address the problems facing the country,” Legarda said.
The certification, however, does not explain why her SALns from 2006 to 2010 failed to state which specific property it was she refers to today as the US property, yet her 2011 SALn speficied US property, without however any description on where this is located.
In the press briefing yesterday, Biraogo bared he will file charges against Legarda on Monday before the Office of the Ombudsman for possible violations of the anti-graft law and initiate a procedure for forfeiture of the assets in question.
“Senator Legarda failed to disclose in her SALn her condominium unit in New York located at 10B 77 Park Avenue, New York, New York she acquired in May 9, 2006 worth US$700,000 or about P35,980,000 at the exchange rate then of P51.40 – US$1,” said Biraogo.
“Under the law, she should have included that in her 2007 SALn, the year after she acquired the property, and in her subsequent SALns in 2008, 2009 and 2010. But she did not. She only included that particular property in her 2011 SALn after the Corona impeachment,” Biraogo stressed.
“But then, even in her 2011 SALn, she declared the property to be worth only P28,700,000 and not based on its actual acquisition cost which should be P35,980,000,” the public interest advocate noted.
Biraogo’s counsel, lawyer Miko Palanca, said Legarda may be facing a string of cases for her act of not disclosing all her property in her SALn.
“We are contemplating on filing cases against her for possible violation of RA 3019 or the Anti-Graft and Corrupt Practices Act, RA 6713 or the Act Establishing A Code of Conduct and Ethical Standards for Public Officials and Employees and RA 1379 otherwise known as An Act Declaring Forfeiture in Favor of the State any Property found to have been Unlawfully Acquired by any Public Officer,” said Palanca.
“Aside from that, she could also be facing multiple counts of perjury,” the lawyer stated.
And if ever she gets re-elected, Biraogo and Palanca said they will also file case against Legarda before the Senate Ethics Committee.
“Although she is not an impeachable official like former Chief Justice Corona, the Senate could file administrative cases against her,” said Palanca.
“We will leave to the Senate whatever penalty they may deem right for Senator Legarda if ever she is proven guilty,” Biraogo added.
Legarda described Biraogo’s revelation as part of a black propaganda possibly coming from fellow candidates, to divert people from the real issues.
But Biraogo said Legarda cannot amortize into four equal amounts in her SALn from 2007 to 2010 as she had acquired the unit in cash in 2006.
“She has to declare it in full amount. And she cannot undervalue that. She has to declare its actual acquisition cost,” said Biraogo.
Palanca said Legarda also has a lot of explaining to do regarding her P200-million house in Forbes Park in Makati.
“That particular property is registered under the name of Loren Legarda and Associates, a corporation formed in the 1980s with Senator Legarda and her siblings listed as incorporators,” said Palanca.
“It has a paid-up capital of P250,000 with Senator Legarda owning P246,000 and her siblings owning only P100 each. How can a corporation with only P250,000 paid-up capital acquire a property worth P200,000,000?” Palanca stressed.
“A senator only earns P75,000 a month or less than P1 million a year. How could she raise the money to acquire those properties?” said Biraogo.
“If Chief Justice Corona was convicted on the basis of failing to disclose all his assets in his SALn, the Senator Legarda is as guilty as the former Chief Justice,” Biraogo stressed.
In voting for the conviction of Corona last year, Legarda said a truthful disclosure in one’s SALn is necessary for the public to gauge whther or not the public official has illegally enriched himself or herself in public office.
“I hold that public and truthful disclosure of assets, liabilities and net worth by a public official is a key and fundamental element of governing through the norms of transparency and accountability and a centerpiece principle of democracy. Disclosure of SALn is the only window by which the public can judge whether or not we have undeservedly enriched ourselves in public office,” Legarda said in explaining her vote in the Corona impeachment.
Biraogo also denied someone was behind his expose, saying he had been filing cases against public officials whom he deemed might have committed irregularity ever since.
Biraogo said his interest to uncover Legarda’s documents was aroused when he learned that the senator will be honored by their alma mater as a distinguished alumna adding obtained documents from the “online records section” of the Office of the Register of Property Deeds of New York City. With Gerry Baldo
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