Bondal files another plunder complaint vs. VP Binay

(Updated, Sept. 9, 2015) Lawyer Renato Bondal has filed another plunder complaint against Vice President Jejomar Binay, this time over alleged illegal use of a public lot in Makati City, a report on "24 Oras" said Tuesday.

In a text message sent to GMA News Online Wednesday, lawyer Renato Bondal confirmed that he filed the complaint against Binay and nine other individuals before the Ombudsman Tuesday morning.

In a soft copy of the six-page complaint, sent by Bondal to GMA News Online via email, the former Makati counselor has accused Binay and nine other individuals of violating Republic Act 7080 or the Anti-Plunder Law as well as Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Bondal said the complaint stemmed from Binay and the other respondents’ alleged collusion to illegally convert during the 1990s a 16,000-square meter government property located in the corners Sampaguita Street and J.P. Rizal Extension in Barangay Comembo in Makati City into a private property hidden under the name of one of the Vice President’s alleged dummies.

“In fine, this property, which ought to have been intended for housing the urban poor of the City of Makati was converted, misappropriated, transformed from a public land from a laudable public purpose, to a private ownership of Vice President Jojo Binay hidden through his familiar frontmen/dummies…to the damage and prejudice of the people of Makati specifically and the Filipino nation in general,” Bondal said in his complaint.

Also named as respondents in the complaint were former City Engineer Nelson Irasga, spouses Gerardo Limlingan and Marguerite Lichnock, President and Corporate Secretary of Meriras Realty Development Corporation, respectively.

Also included in the complaint were the directors of Meriras and the alleged dummies of Binay, spouses Man Bun Chong and Erlinda Chong, as well as their four children who are also the stockholders of Meriras namely; Imee Chong, Kimtung Chong, Irene Chong and Kimsfer Chong,

Bondol also included as respondents in the complaint the “responsible officers” of the Department of Environment and Natural Resources (DENR).

Bondal cited as basis in his complaint the testimony of former Makati Vice Mayor Ernesto Mercado in one of the hearings of the Senate Blue Ribbon sub-committee on the alleged corruption in Makati involving the Binays.

Bondal said that at the Blue Ribbon sub-committee hearing on September 25, 2014, Mercado bared that the said Barangay Comembo property, which is presently valued at more than P1 billion, is actually owned by Binay but was hidden under the name of Meriras and/or Erlinda Chong.

Bondal said the company name Meriras was actually a combination of the family names Mercado and then City engineer Irasga, who in the 1990s were still loyal employees of Binay.

“As explained by Vice Mayor Ernesto Mercado during the September 25, 2014 Senate Blue Ribbon sub-committee hearing, the company (Meriras) was formed to hide the true and beneficial ownership of the Comembo property in favor of Vice President Jejomar Binay,’ Bondal said.

Bondal said that on August 27, 2002 the DENR has approved the sale of the 16,000-square meter property, which was divided into four land titles, from Meriras to Erlinda Chong “notwithstanding the fact that Ms Chong was not an actual resident of the property, she being a resident of [Barangay] Guadalupe Nuevo”.

Bondal said the sale of the property to Chong was in violation of Republic Act 730 or “An Act permitting sale without public auction of alienable and disposable lands of the public domain for residential purpose”.

Bondal cited that under Section 1 of RA 730, the sale of an alienable public property without public bidding should only be allowed if the individual has actually resided in the property “and who has, in good faith” has built his house there.

Bondal also pointed out that the Comembo property, which used to be a part of the Fort Bonifacio military reservation camp, cannot be sold in full, as ordered by former President Corazon Aquino through Presidential Decree No, 518 issued on January 19, 1990.

Under PD 518, “any awardee of Fort Bonifacio land, which form part of the military reservation shall be entitled only to a maximum area of 300 square meters and only in favor of a bonafide occupants/residents”.

“It is clear that notwithstanding the unequivocal requirements enumerated by law, certain responsible officials of the DENR conspired and rendered indispensable cooperation to the principal respondents for the subsequent award of the property to Erlinda Chong, then acting as front and/or dummy of the Vice President Jojo Binay as testified by former Vice Mayor Nestor Mercado in several senate committee hearings,” Bondal said.

Bondal alleged that the ownership of the Comembo property was transferred from Meriras to Erlinda Chong to conceal a glaring violation of RA 730 which strictly prohibits private company like Meriras from being a beneficiary of a public land grant.

Meanwhile, in a press statement issued on Wednesday, Binay’s camp has dismissed Bondal’s latest complaint as “just another nuisance suit”.

“We all know that Bondal and [Ernesto] Mercado are the indefatigable sources of trumped up charges against the Vice President. This is but another charge that has been bought and paid for,” Binay’s spokesperson for political affairs, lawyer Rico Quicho, said.

Quicho maintained that the Chong family is the lawful owner of the contested property and that Binay has nothing to do with Meriras nor the Chong family.

“Based on records, the lot is owned by the Chong family while the improvements thereon are owned by Meriras Corporation, which Ernesto Mercado admitted he partly owned,” Quicho said.

Quicho said the Office of the Ombudsman and the DENR had declared more than a decade ago that the acquisition of the lot by Meriras was valid and legal.

“Clearly, Mr. Bondal is merely fabricating this current charge,” Quicho said.

“Mercado himself acknowledged during the Senate investigation that the Chongs are legitimate businessmen. It is unfortunate that the Chongs are being dragged into the demolition job against the Vice President and are being portrayed as criminals when their only fault is dealing with Mercado,” Quicho added.

It was the fourth time Bondal has filed plunder and graft charges against Binay and several officials of the Makati City government.

The first complaint filed by Bondal against the Vice President was in connection to the alleged overpriced construction of Makati Cityhall parking building. The second complaint was in connection to the alleged overpriced construction of a Makati Science High School Buiding while the third complaint filed last week was in connection to the alleged overpriced construction of a College of Nursing Building in the University of Makati.

Bondal was the opponent of VP Binay’s son, Makati Mayor Erwin “Junjun” Binay in the mayoralty race in 2013. —Elizabeth Marcelo/GMA News/KBK/NB, GMA News