Biñan mayor, vice mayor face plunder raps over 'overpriced' land purchase

Incumbent Biñan, Laguna, mayor Marlyn Alonte-Naguiat and vice mayor Walfredo Reyes Dimaguila Jr. have been slapped with a plunder and graft complaint over the alleged overpriced purchase of land for the expansion of the city’s public cemetery.

In a complaint-affidavit filed before the Office of the Ombudsman on Tuesday, businesswoman Adelaida Yatco, accompanied by her lawyer Howard Calleja, said Naguiat and Dimaguila must be investigated for alleged violation of Republic Act (RA) 7080 or the Anti-Plunder Law, RA 3019 or the Anti-Graft and Corrupt Practices Act and RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Aside from the criminal allegations, Yatco also called on the Ombudsman to investigate Naguiat and Dimaguila for possible administrative offenses of grave misconduct, dishonesty and conduct prejudicial to the best interest of the service.

Yatco further called on the Ombudsman to preventively suspend the respondents, who both belong to the administration’s Liberal Party, while it is conducting the investigation.

"Without a doubt, respondents should be preventively suspended considering that the evidence of their guilt is strong and the charges against them involve grave offenses warranting their removal from service and that their continued stay in the positions would surely prejudice the instant case against them since they are both influential elective public officials in the local government,” Yatco said in her complaint.

The complaint stemmed from the respondents’ purchase, on behalf of the city government, of a piece of land in Barangay San Antonio in Biñan, which was allegedly overpriced by P77 million, for the expansion of the city’s public cemetery.

Yatco said that while Naguiat was “out of office” when the purchase was made in June 2009,  Dimaguila entered the transaction on her behalf as then the “acting mayor”.

Yatco said that the purchased land covering an area of 29,817 square meter only had a fair market value of P21.468 million. But based on the contract of sale, the property was purchased at P98.396 million "resulting to an unexplained difference of P76.927 million," Yatco said.

Furthermore, Yatco said the purchased land was co-owned by mayor Naguiat’s mother Fe Alonte, together with two private individuals, couple Emmanuel and Alita Capinpin.

"This grossly disadvantageous contract of sale that was entered into by the respondents and the sellers was for no other reason than to get kickbacks and profit from such transaction,” the complaint read.

"Moreover, such overvaluation of the subject land became all the more pronounced if taken in light of the fair market value of the said property before it was partitioned which was P30,142,080.00 representing an area of 41,864 sqm,” the complaint added.

Yatco is the mother of Biñan councilor Francisco Yatco, who is running against Dimaguila in the mayoralty race in the upcoming May elections. Naguiat, meanwhile is running for Congress.

The Yatco matriarch, however, maintained that her decision to file the complaint against the respondents was based on evidence and not for any political reason.

"Ako po 71 years old na, kelan pa ako magfa-file ng kaso? Wala naman ibang lumalaban sa kanila dahil lahat natatakot. Even my children do not want me to do this, pero sino pa ang lalaban sa kanila?” she said.

Yatco said it took her a while to file the complaint as it was only recently that she and her lawyer were able to gather their documentary evidence. “Ganito na lang, tignan nalang nila ang mga dokumento namin. Kapag itong complaint ko ay walang laman, walang basehan idemanda nila ako," she said.

Meanwhile, in a text message to reporters, Naguiat denied any irregularity and overpricing in the purchase of the land.

"The owner of the land was a relative of my mother. Contrary to the allegations, it is not overpriced and above-board. The City purchased the property in 2009 at P3,015 per square meter which is the prevailing fair market value. We have certifications to attest to this,” Naguiat said.

Naguiat further maintained that the city government opted to purchase the land for economical reason and not due to her alleged ties with the property’s owners.

“The property is adjacent to the existing City Cemetery and will require minimal infrastructure and thus beneficial/economical,” she said.

“This project was intended for poor residents of Binan since the old cemetery is already full and congested. It is a pity that a good project is being criticized for obvious political reasons,” she added. —KBK, GMA News