Villar firm faked titles through 'layering': ex-lawyer

Written by Aries Rufo
Tuesday, 13 April 2010

Second of 3 parts

MANILA, Philippines – A case involving parcels of land where a property developed by one of the real estate companies of presidential aspirant Manuel Villar Jr. now stand is an example of how layering and faked documents were employed to acquire properties.

The land case, which involves contested properties in Cavite, was cited by dismissed lawyer Restituto Mendoza in a complaint he filed before the National Labor Relations Commission (NLRC). He used to be the in-house counsel of Adelfa Properties, one of the real estate properties in the Villar Group.

The labor complaint, which Newsbreak obtained, turned out to be a tell-all testimony on the legal practices of some real estate companies that spawned the much-touted wealth of Villar. (Newsbreak counter-checked Mendoza’s claims in the labor complaint against other documents and interviews. Newsbreak also attended 2 hearings of the labor case at the NLRC.)

This case, Mendoza wrote in his complaint, illustrates the reach of Villar’s and his men’s tentacles of corruption to get their way. “It was in this case where complainant (Mendoza) witnessed the brazen corruption of Senator Villar’s senior officers,” Mendoza said in his complaint.

This is the particular case where he “never felt guiltier,” and was a reason why he turned his back on Villar.

x x x

Fictitious documents

While the legal defense was being prepared, one of Villar’s senior officers, engineer Mommar Santos, “wasted no time in talking to LMB officials on how Adelfa could secure the reversal of their previous decision in favor of Adiao,” Mendoza explained in his complaint filed at the labor department.

Santos is a known fixture and fixer at LMB, according to LMB officials interviewed by Newsbreak who requested for anonymity for fear of losing their jobs. Two of the LMB officials told Newsbreak that Santos tried to offer them bribes in relation to the Imus Estate land case.

Mendoza said he was instructed by Santos to file motion for reinvestigation. Mendoza obeyed, submitting documents provided by Santos, such as sales certificate, letter authorizing registration and letter from the Director of Lands to support Adelfa Properties’ claims.

At that time, Mendoza said he was “amazed at the resourcefulness of Mommar (Santos) because in a short time, he was able to secure the documentary evidence.”

He would later find out that the documents were fictitious, “as would be later on admitted to him by Mommar.”

In contrast with Adelfa Properties, which provided original documents, Mendoza pointed out that Adiao could not produce original documents to back up his claim.

In his labor complaint, Mendoza said (Mommar) Santos would later admit to him that the Adelfa Properties documents were all falsified with the help of LMB officials.

“The falsified sales certificate indicates the applicant-awardee as Villanueva and used dates prior to the ones existing in favor of Adiao. Worse, complainant (Mendoza) was also told that the existing documents initially found in the name of Adiao were pulled off from the records to make it appear that only the falsified records were existing,” Mendoza narrated.

The surveyor’s findings went in Villar’s favor.

P7 million settlement

LMB officials that Newsbreak interviewed could only shake their heads that a surveyor’s finding in favor of the Villar group on the Imus friar land estate could overturn that of a 5-man committee composed of lawyers.

They heard money exchange hands, but could not corroborate it with other evidence or testimony.

In documents supporting his labor complaint, Mendoza noted that concerned LMB officials received money for a favorable ruling. “Here, I witnessed the brazen power of corruption when Mommar (Santos), the senior engineer handling the case with me, immediately met with the officers at LMB, including the hearing officer to devise a way to counter the previous ruling. Upon the advise of the LMB officials, the company presented falsified mother titles, sales certificate and other documents that would establish that the title of Villanueva is validly issued when in truth it was not,” Mendoza wrote in his labor complaint.

Mendoza said he would also find out that Adiao’s heirs were paid P7 million in bribe money as settlement for the Imus Estate case. The settlement money was a drop in the bucket as it salvaged what could have been a P300 million reinstated debt of Villar to Ayala Land, Mendoza said.

It was at this point that Mendoza said he struggled internally, whether he was winning his cases or through “lakad,” or under the table negotiation.

Eventually, he had a falling out with his superiors, then he was dismissed. -

source : http://www.abs-cbnnews.com/nation/04/13/10/how-villar%E2%80%99s-firm-acquired-land-thru-fake-documents-layering-ex-lawyer