Showing posts with label Manny Villar. Show all posts
Showing posts with label Manny Villar. Show all posts

Saturday, April 10, 2010

Concentric Rings, Part II: land-grabbing, land conversion and the untold human cost

Note: Part I can be found here:

Ang buhay sa tumpok


"Hindi talaga ako papayag. Magbubuwis talaga ako ng dugo. Ipaglalaban ko talaga ang lugar na ito."

Pol had been a cheerful, voluble man, inordinately fond of teasing his wife and playing pranks on his three children. He had tried out all sorts of odd jobs in his time -- from painting buildings to driving tricycles -- but continued to struggle because of debilitating bouts of asthma. He and his wife Trining had always dreamed of owning their own home and living someplace idyllic away from the capital, which remained congested and polluted, as always, except in the most privileged enclaves.


The new neighbourhood was called Paradise Park Village -- 7.2 hectares of barren lands situated in Barangay San Vicente in San Pedro, Laguna. As more settlers had streamed in from other provinces, the land tenants -- who had originally planted root crops and banana trees, and occasionally tended cattle -- eventually found work in an adjacent piggery farm. By 1984, the entire property had been bought by Maximino Argana, who, it later turned out, had been a Marcos crony.




Which explains why, in the heady aftermath of the EDSA revolution, the Presidential Commission on Good Government (PCGG) chose to sequester the entire area altogether. What is more difficult to understand is how -- and on what grounds -- Crown Asia (a Vista Land company, the 2/3 supermajority of which belongs to the family of Manny Villar) was able to acquire the properties in 2002, using a title under the name of a certain Jose Nuñez. From that point onwards, guards began to monitor the movements of the residents in a 2.18-hectare zone in particular (Lot 157), which housed around 205 families. Almost overnight, it would seem, a giant wall had been erected around this perimeter, preventing the tenants from repairing their homes or building new structures. In the blink of an eye, they had suddenly been denied access to roads, which then made access to electricity and running water all the more scarce and difficult.

































Pol, Jr. -- “Qurico” to his parents -- had no way of knowing that this is what would become of his new home. Neither did Trining, who had left her secluded life as a yaya to work in a factory in San Pedro. The de los Santoses were, at any rate, resourceful and happy, and had finally begun to enjoy the rustic existence they shared in Paradise Park with their three children. As Trining would fondly say of her husband, “Mabait, matulungin, concerned masyado sa amin, at napaka-sipag. Bago uminom, magbibigay muna ng pera. Alas quatro ng umaga, nagbi-byahe na iyan, at nag-gagarahe lang kapag alas singko na ng hapon.”

Sadly, life in Paradise Park had eventually become almost entirely untenable. According to Trining, Crown Asia wanted their land for luxury developments and was not above harassing the tenants on a regular basis. “
May problema talaga dito. Laging may gulo. Lagi siyang may katabi na itak. Baka daw kung gabi ay bigla nalang kaming i-harass. Pero ano naman ang magagawa ng itak? Baril ang hawak ng mga gwardiya nila. Nang magkagulo, itak lang ang dala niya. Sila ang unang nagpaputok, ang mga gwardiya.

That day, 29 September 2002 -- a Sunday, and therefore a day off for both parents -- Pol had been excited. He had planned to buy a DVD player for their second child, who was to celebrate his birthday the following week. Trining had not wanted to buy the player because she knew they couldn’t afford it, but Pol had been insistent, saying: “
malay mo, wala na ako bukas.

Their youngest child had wanted to eat at Jollibee afterwards but, having bought the player, they had no more money, so they settled on a lunch of rice and coffee. “
Pag-uwi namin, wala kaming ulam, wala na kaming pera. Bigas lang.”

But Pol didn’t mind: the only thing he wanted to do was play the DVD before a scheduled meeting with the Paradise Park Neighbourhood Association, where he was now the acting director. It was a regular meeting, so he wasn’t worried. What he
did mind was his eldest son not buying something for the tricycle as he had asked him to: “paano na kapag wala na ako?”

Pol was resting (and Trining singing on her videoke) when the commotion began. She didn’t notice Pol picking up his
itak and rushing outside. In an unblinking instant, Pol -- who had suddenly found himself at the centre of a swirling mêlée -- had been shot in the lung. A few hours later, he was dead.


One of the more poignant aspects of this story is the autopsy report itself, which reveals that Trini hadn’t been exaggerating about their diet that day after all: his stomach's contents, only partially digested, had consisted of little more than rice...

In an exclusive interview (downloadable here and here), one of Pol's neighbours, who had witnessed the shooting personally, shares her impressions of that fateful day with one of my sources, during which some light is shed on the motives of the shooters. Here's that interview:



As for the actual whodunit, the police blotter, like the witness herself, identifies the shooters -- security guards working for the Banahaw Security Agency -- fairly clearly. Equally noteworthy: a memo from Crown Asia regarding the hiring of security guards for the specific area (Lot 157) where the shootings had taken place (another victim had also been shot during the same incident), which included a list of licensed firearms. The memo identifies the owner of the property as Jose Nuñez, etc, which is the name under which Crown Asia had originally claimed the title of the land.

So how is it that, with all this evidence, there have been no prosecutions, even after 8 long years and repeated complaints to the authorities, both in Laguna and Manila? Why would Mayors Felicisimo Vierneza and Calixto Cataquiz of San Pedro have let the death of a human being under their respective jurisdictions go?

What weighs so heavily upon Trining even now is what has since become of her children. Their father had always dreamed of going abroad: had he not allowed his barkada to influence him unduly in his last two years of high school, she mourns wistfully, that dream might not have died. Which is why all he ever wanted was for his children to study hard and finish school. So that one day, perhaps, they might have the privilege of becoming OFWs, and Pol could vicariously live his dream of a better life through them. Sadly, his children failed miserably in school after their father’s death, and ended up having to work to help make ends meet. Today, like his father before him, the eldest is a tricycle driver, and the cycle Pol had tried so hard to break continues to remain unbroken.

The only other thing Pol ever wanted, besides the DVD player he never had the time to enjoy, was to one day see his own grandchildren grow. But that dream, too, would never be fulfilled: at 44, he had been severed from the flower of his youth in the most brazen and callous manner possible.


And Pol was, of course, not alone in the indignities he had to face on a daily basis. His may have been one of the more striking examples of life in Paradise Park – an ironic name if there ever was one, you will agree – but there were many others. Because the colloquial term for the area inside the wall where they were all congregated – a ghetto of sorts -- was “tumpok" (i.e., clump), as in “nakatumpok na basura.” As if, in fact, these human beings had been unceremoniously dumped together in the most humiliating manner possible, like trash. Indeed, the term itself is both raw and visceral, subliminally evoking the notion of garbage. So that, to get into their own homes, they needed to walk for hours to pass through a narrow entrance in an otherwise impenetrable wall; and to find potable water, they had to resort to buying bottled water outside the ghetto walls. Always and throughout, there were the security guards on patrol, who reminded them who was in charge and who would one day lay claim to their land.

But Trining and her children had no intention of ever leaving, because doing so would mean abandoning everything that Pol had lived and died for. That separation would be unspeakable. As Pol had once said: "Hindi talaga ako papayag. Magbubuwis talaga ako ng dugo. Ipaglalaban ko talaga ang lugar na ito." To this day, they remain determined to defend their land, the way an accidental hero had once taught them, almost a decade ago, at such terrible personal cost.


San Pedro is, of course, by no means an isolated case. Indeed, scattered all over the archipelago are a number of such examples, many of which are associated with properties belonging to Manny Villar. In San Pedro alone, the materials documenting harassment, intimidation and a life of indignity are legion. Interestingly, page 4 of a complaint recorded by the Department of Justice from the Paradise Park Neighborhood Association notes that the deed of the new "owner" had never been notarized. In fact, the certificate of transfer, like Mr Nuñez's certificate of title, could not even be located...

Bulacan

Elsewhere, Lito Banayo has written compellingly about the situation in Norzagaray, Bulacan. Nixon Kua's film also provides a useful backdrop. In fact, a number of protests against land-grabbing in the region have already been staged.

But all this ultimately evokes a social reality that remains both grim and
disturbing. According to one reliable source (who has spent years on the ground doing humanitarian and environmental work but who has also been the unfortunate recipient of repeated death threats in recent months), there were at least three deaths related to land-grabbing between 2000 and 2005: the one in 2000 was the Secretary of the Kamadulnais (Katutubong Samahan ng Mga Dumagat sa Lourdes Neighbourhood Association, Inc.) in Barangay San Isidro, San Jose del Monte, Bulacan (please see scrapbook below); however, as it is taboo among the Dumagats to name the dead, there is no record of his name in their literature. And, since many IPs still do not have birth certificates, he was also not issued a death certificate, and it appears that he was immediately buried with little fanfare. At any rate, the Dumagats point the finger in the direction of Palmera Security, which has also been associated with Mr Villar...























In 2001 and 2005 respectively, two barangay captains in San Isidro, Bulacan were killed. In 2010, a Genaro Aguirre was also killed, which the NPA ultimately took responsibility for. Of course, my source remains convinced that collusion exists between the NPA and Villar's security people, which he claims has been further buttressed by the recent alliance between Satur and Villar, not to mention Joma's exuberant pronouncements on the esteemed solon's platform for the poor. The source also maintains that there were several beatings prior to 2005 and one ambush very recently, all of which revolve around Dumagat resistance to encroachment upon their land. If true, then it is not altogether surprising that the Ombudsman recently put a hold on the Norzagaray/San Jose del Monte case petitioned by the farmers, since there appears to have been a miscarriage of justice all round...

Iloilo
































Franklin Drilon has also broken the celebrated Savannah case in Oton and Pavia in Iloilo, where Villar has been accused of illegal land-conversion, while Boy Mejorada's short film powerfully captures its human face.

Cavite


But there are other stories, some of which are still being investigated. In Amore at Portofino (Daang Hari, Barangay Salawag, Dasmariñas, Cavite), a land tenant (whom we shall call Mr. V for his own protection; it suffices to say that he was highly respected in his line of work) had been in the process of paying for a deed of conveyance (the amount that needs to be paid to the government to establish full ownership of the land) as a farmer-beneficiary, which had been approved by the DENR. But a new title under the name of a certain Pedro Reyes had suddenly materialized, and Mr. V, along with a number of other tenants, had been thrown out of the land, and was forced to resettle in an informal settler section for the urban poor in Bayanan, Muntinlupa.

The tenants/beneficiaries claim that there had, in fact, never been any sales between them and Pedro Reyes. Interestingly enough, the titles under this name appear to be those being used by
Amore at Portofino (http://www.philippinepropertylisting.com/portofino_alabang.htm), which is allegedly a development corporation belonging to Manny Villar (note the Brittany and Vista Land ownership). It appears that there are now security guards guarding the entire property development, depriving farmers and their families of the right of way. Like San Pedro, there is a sizable tumpok in Barangay Salawag, where farmer-tenants have no right of way, although this one is far more heavily guarded...

Batangas































In Barangay San Vicente (Sto. Thomas, Batangas), Domingo Manlocloc was a tenant living on 3 hectares of land, which his family had been tilling since the early 1900s. They have been in conflict with Benjamin Maloles, their landlord, since well before 1967 because he allegedly failed to give them their fair share of produce. The regional trial court of Balayan finally confirmed the Manlocloc tenancy and a sharing system was established. But Manlocloc had difficulty selling his produce in the market for years because he claims that the landlord wanted access at unreasonably low prices. When he tried to transport the produce, he was blocked by policemen and accused of stealing. Strangely, the harassment suddenly stopped in 1997, and it was only in 2000 that Manlocloc discovered that Maloles had entered into an agreement with Camella Homes, which is also associated with Mr Villar. In 2005-2006, Wilhemina Tobias, a Camella representative, bought the neighboring properties at different prices (the better, it would appear, to divide the tenants). In 2007, Manlocloc's shanty was demolished, and he was no longer allowed to enter his own property. When he continued to resist, he was shot by an unidentified man on his way to the farm.

Although they remain unpaid, he and his siblings have never returned to the farm after the shooting. The entire Maloles property is now being developed by Camella Homes. The legal battle between Manlocloc and Maloles continues, with the former pushing for a revocation of the conversion order by DAR because he does not want to give up his right to the land. The only other legal recourse for him would be to receive disturbance compensation, but the amount remains negligible.
“Marami na kaming sakit ng ulo sa lupang ito. Mula pa sa tatay ko, nauubos na ang kaunting pera namin dahil sa kasong ito, at hanggang ngayon, naghihirap pa rin kami. Mas gusto naming makuha ang lupa kaysa ang bayad. Kung babayaran nila kami, sa halaga na tama at hindi kakarampot lang. Ipinagbilin ito ng tatay ko sa amin kaya, kahit hirap na hirap na kami, ayaw naming pabayaan na lang na makuha nila ito.”

Taguig


And then there is the curious case of Purok 14 in South Daang Hari in Taguig, where several subdivisions (Presidio, Brittany and Marina) are allegedly owned by Mr. Villar. The property was mortgaged to Capitol Bank by an Aida Posadas, and the title fell under the jurisdiction of Muntinlupa. Purok 14, on the other hand, belongs to Taguig, and the two areas are separated by a towering wall.



















But while it is not difficult to distinguish between the two sides, it appears that Purok 14 has now become a zone of contention, with mayors from both cities preferring not to get involved. The area is said to have no existing title, let alone owner, based on a cadastral map provided by the DENR, which means that the people living there can eventually apply for ownership of the land.

Regrettably, around 100 families have already been forced to vacate the land. In an effort to protect the remaining portion of Purok 14, a
brigada was set up against the guards, who were allegedly forcing their way into the area. Over a hundred homes were demolished, after which the police informed the residents that there was no point in resisting since they were already in possession of new titles. Joseta Suganob claims that Villar occupied a portion of Purok 14, and that the encroached portion is approximately one hectare. She further confirms that two residents (Isidro Barcelona and Leonardo Elorde) had already been shot and killed by guards in 1994.

There is already talk of a demolition after the elections. Crown Asia has apparently already sent a letter to the Barangay Captain stating its intent to develop the area, attached to which is a copy of a title.

Trends

So what is the point of these discrete vignettes I have gone to such lengths to document in scrupulous detail? Can it be said that there is an overarching framework that is both identifiable and premeditated? How does this relate to Villar's largest project to date, the C5 road extension? What is to happen to the 30,000 or so families that have been displaced by this massive DPWH project? Considering the increased market value of the Villar properties along C5, and the high payments for right of way that have already been paid out, why did the negotiations with the residents take over a year with so little apparent resolution? The crux of the matter, in fact, appears to have been a reluctance to pay dislocation or replacement costs to residents who were effectively being displaced and asked to relocate altogether. When the negotiations began to break down, the police were sent with notices "encouraging" the residents to leave. So the more pertinent question becomes: is the C5 case an "anomaly" or is it, in fact, a trend?

I, for one, observe the following trends:

http://issuu.com/lrshahani/docs/business-villar_style_3__sheet1

Indeed, perhaps the single most objectionable aspect of the Villar empire is the fact that so much of it is ultimately at the expense of the poor. The rhetoric of "galing sa mahirap" notwithstanding (although that, too, has become questionable), one might have countenanced his modus operandi had he merely stolen from the rich.

But stripping marginalized groups of their most basic human rights -- the right to habitation and the right to live lives of dignity free of harassment and intimidation -- is unconscionable, whether they happen to be poor landowners, agricultural tenants, indigenous groups or farmers. As fake titles and illegal conversions are obtained, artificial walls erected, natural water flows and roads blocked, private security guards deployed to keep restive tenants in check, public funds used for private gain, and government officials bribed to tow the seamless "public-private partnership" Mr Villar appears to have elevated to a science, what is to become of the rule of law in our country? What, more importantly, is to become of the rights of the poor? Why not simply buy their land at fair market value and be done with it, one has to ask? Why, indeed, profit from their obvious powerlessness? Who will defend them when mayors, barangay captains, police officials, lawmakers and even ombudsmen -- our entire socio-legal continuum, in short -- all appear to have turned a blind eye to repeated harassment, land-grabbing, illegal land conversion and even murder?

Even more galling is the realization that these stories -- and the deeply humiliating situations these extraordinary human beings continue to encounter on a daily basis -- ultimately remain invisible to most because these victims have committed the one crime our class-conscious society can almost never forgive: they were born poor. Which is why Pol's deepest aspirations, Trining's quiet despair and the terrible sense of asphyxiation that unites all of Paradise Park within its implacable walls rarely bear much telling.

But these are not, after all, ordinary stories of human poverty. They depict, instead, a reality where injustice has become normalized, and violence towards the poor, sliding imperviously, fits into the natural grooves of our entire social system. We appear to have lost, indeed, our sense of outrage.

Perhaps if we were to remember that the poor are not trash on the street to be ignored and forgotten but human beings to whom we are all socially responsible in the end, we might find ourselves capable of resisting the economic and social injustices all around us. Perhaps we might even be impelled to safeguard our legal institutions from the types of impunity we observe every day. Because, just as we can afford to turn that blind eye, we also have the option of opening them wide -- however painful that might be for one brief instant -- and finally begin to see. That moment of sorrow might even be matched by a deeper sense of exhilaration: perhaps, once we no longer take "reality" for granted, we can begin to think in terms of social justice at last, and the mind can finally set us free.



A private note: this was a very difficult section to write, much harder, in many ways, than the first part, for several reasons. To begin with, the network of confidentiality was such that there was difficulty in accessing the most basic information about these subjects throughout. Preserving their anonymity for their own protection (as well as that of the sources/informants on the ground who were in touch with them), on the one hand, and wanting to tell enough of their story to the rest of the world, on the other, was a delicate balance to negotiate. The need to preserve this anonymity also had to be balanced with the need to vet the quality of the data itself at every step. Files and data were very difficult to track down also because there were no centralized sources of information. Above all, some of the narratives I had to read and listen to were ultimately somewhat harrowing.

But there were a stalwart few who came through for this section in the end, and to all of them I remain deeply grateful: to L, for walking me through Norzagaray; to E and G, for pointing out what might be electric; and M (who I regrettably only talked to at the very end), for clarifying the number of deaths we were actually looking at in Bulacan, which I had spent the better part of an entire month trying to verify... To J and J, for the technical support and for making a podcast of that superb interview, as well as for turning the Norzagaray and Iloilo DVDs into Youtube links. And to P and Luna Salin, for having been a joy to work with (a tight little ship, your unit is, and highly organized too), and for helping me out with San Pedro, Batangas and Cavite; a special thank you to P and M, too, for that wonderful chart at the end...

Luna in particular deserves a heart-felt thank you for having introduced me to some of these characters, for many of the photographs and for giving me enough detail so I could actually write about them. Not once did I encounter any hesitation, excuses or resistance (although there was quite a bit of sleepiness at the end :D); all I ever saw was a willingness to work as hard as I did, and then some. It is people like her (and M), who work in the field every day and clearly care about the people and issues the rest of us can only ever intellectualize about that I have the highest respect for. For Luna, this was clearly not a job or assignment but a calling to defend human beings whose welfare and future she cared about very deeply. To me, you will always be, my friend, one of this nation's unsung heroes.

Tuesday, March 16, 2010

Concentric Rings? -- Private musings on Manny, money and a national apocalypse





Part I: Personal net worth -- a case of perjury or money-laundering?


“When I travel, I don’t charge the government, although it’s allowed because it is work-related. I pay my own way. When you are this big, you have to follow the rules. You can’t afford not to, because all eyes are on you. It is not a wise business practice to use government perks. I’ll serve the three terms (allowed by the Constitution). After that, I’ll think about the future. But I’ll stop at being a congressman.” -- Senator Manny Villar

There was no doubt about it: the C5 issue had been troubling enough on its own merits. The scale of its core allegation -- that an esteemed solon had willfully deployed public funds for his own personal benefit – had been nothing short of vertiginous. The masterful studies by both Winnie ( http://www.youtube.com/watch?v=nUQDt-sXdlk) and Jamby (http://www.scribd.com/doc/25528863/Senator-Madrigal-Expose-on-Senator-Villar-C-5-Scam-Part-1) conveyed volumes, as had Joker’s allegations of conflicts of interest a decade before (http://article.wn.com/view/2010/02/07/Joker_savaged_Villar_in_1998/). The latter’s recent (and arguably dubious) shift in tone notwithstanding, a seed of doubt had already begun to nestle in the public mind.

Still, there were other issues those lengthy readings had failed to shed light upon. Looking at Villar’s own C5 Primer and his Senate speech on 2 Feb 2010, one wonders at that controversial 2008 P 200M budget insertion, which had been initially embargoed by the DBM, but was subsequently used for the Sucat flyover after it was realized that the C5 extension was in fact a dead-end road. Had there even been an existing “program of work” so as to justify the term “double insertion”? What we have on record, in fact, is an admission by Engineer Adriano (the consultant for Villar-owned businesses who had allegedly dictated the Villar amendment to the 2008 national budget; this, at least, was according to Yolanda Doblon, Director General of the LBRMO, the Legislative Budget Research and Monitoring Office in the Senate) that the amount had been arbitrarily made in anticipation of the fact that the original P 200M would most likely be reduced; the superfluous P 200M may have been added after the dead-end realization had been made, prompting Villar to use the embargoed funds.

GMA supposedly instructed DPWH to submit the study to use the embargoed funds for the fly-over only after the budget allocation had already been made, thereby effectively providing a “program of work” to justify the release of funds. Needless to say, this is highly irregular: in established funding practice, a program of work is usually submitted before. Does this suggest that the additional P 200M had been retroactively added to ultimately “free up” a hitherto unprogrammed amount?

Adriano, a Villar real estate employee, had been put in a critical legislative role. And while there have been indications that, as a Lower House representative, Villar had put some of his employees on the congressional payroll, Adriano himself was apparently not on the Senate payroll. So why was he dealing with LBRMO in the first place? And why does Committee Report 780 contain several admissions indicating position and knowledge with respect to the 2008 budget allocations? Separate documents also tag Adriano as the sole contact person authorized to “deal” with government agencies and the courts (DAR, NIA, lower courts, a Malacañang employee, LGUs, etc.: does this suggest bribery?) before specific Villar company interests could even be addressed.

This is not to quibble over minor details after the fact. But there was no doubt about it, as I said: there had been dubious business practices all round. So who was this Manny Villar and how had he managed to amass wealth that was nothing short of stratospheric in so short a span of time? According to PCIJ, after only 14 years in government, Villar's net worth had risen to P 1.05B in 2007 or to a staggering 1,292% increase from his assets in 1992: http://pcij.org/stories/top-bets-for-president-grow-wealth-despite-poll-expenses/.

In order to assess this "sipag at tiyaga" phenomenon as fairly as I knew how, I decided to investigate him myself, and to separate both propaganda and polemic, on the one hand, from what could be empirically verified, on the other. I began to think in terms of a concentric circle: at the center of the circle, I would look at his
personal finances (ultimately the measure of a man, one might say), before examining his land dealings in specific regions (as the circle expanded outwards) and, finally, his national/international endeavors on a larger scale (the outermost rim of the circle itself).



The personal: Statement of Assets, Liabilities and Net Worth

So I began with his Statement of Assets, Liabilities and Networth (SALN). The documents studied (with the help of two gifted accountants, two lawyers and several highly-placed financial analysts, not to mention a handful of deeply committed patriots who patiently withstood my incessant questions and valiantly wore as many hats as were needed at any given moment) are copies of SALNs filed in the Philippine Senate. The difficulties in accessing them notwithstanding, they are technically a matter of public record. They cover an 8-year period (2001-2008, inclusive) because the 2009 SALN is only due for filing on 30 April 2010.

Anyone who has had to draw up a balance sheet or assess their own personal net worth will tell you that it can be a royal pain in the neck. But those insufferable categories and dreadful numbers notwithstanding, none of it, really, is rocket science. In a nutshell, it’s simply a snapshot of your financial health in any given year. The net worth statement includes what is owned (assets) on the left side of the sheet, what is owed to creditors (liabilities) on the right side of the sheet, and the net value (or difference) between what is owned and what is owed (net worth). Unless you’re a vagabond or happen to be fabulously wealthy, you generally have both A&L.

So what do Mr Villar’s SALNs indicate? (The SALNs from 2001 to 2008 can be accessed here: http://www.scribd.com/doc/28483980/Villar-s-Sworn-Statement-of-Assets-as-of-12-31-01-p1; http://www.scribd.com/doc/28484047/Villar-s-Sworn-Statement-of-Assets-as-of-12-31-01-p2; http://www.scribd.com/doc/28484179/Villar-s-Statement-of-Assets-as-of-12-31-02; http://www.scribd.com/doc/28484208/Villar-s-Statement-of-Assets-as-of-12-31-03-p1; http://www.scribd.com/doc/28484243/Villar-s-Statement-of-Assets-as-of-12-31-03-p2; http://www.scribd.com/doc/28484348/Villar-s-Sworn-Statement-of-Assets-as-of-12-31-04; http://www.scribd.com/doc/28484342/Villar-s-Sworn-Statement-of-Assets-as-of-12-31-05; http://www.scribd.com/doc/28484286/Villar-s-Statement-of-Assets-as-of-12-31-06; http://www.scribd.com/doc/28484151/Villar-s-Statement-of-Asset-as-of-12-31-07; http://www.scribd.com/doc/28484116/Villar-s-Sworn-Statement-of-Assets-as-of-Dec-2008; and the columnar numerical analysis)? The assets reported consist of only three main types:

a) Real Properties: i) Land/Buildings
b) Investment in Shares of Stock
c) Personal Properties: i) Cash in Bank; ii) Receivables; and iii) Other Personal Properties

Please note that this analysis is based on “acquisition cost” or “book value,” as reported in the SALNs. To simplify the analysis, the cost of living and personal expenses of someone of his stature and wealth have not been considered. A comprehensive reading no longer requires Cynthia Villar’s SALNs because they are, in fact and law, only one economic unit. The 2007 and 2008 SALNs were also jointly filed by the spouses, which means that the net worth indicated is in fact their joint net worth.


General Observations

* No liabilities were reported at all: ergo, net worth = assets, which means that he had nothing to pay off.

* His net worth from 2001 to 2008 increased by P 641,133,934, or 133%, making his 2008 Net worth 258% of his 2001 net worth.

*According to several published reports (please see the PCIJ reference below for an example), he started with a networth of P 75M when he first entered politics as a Congressman in 1992. In a span of 16 years, therefore, he managed to increase his net worth by over 1000 percent!

*The biggest increase can be found in his Personal Properties -- P 618,363,371, or 309%, making his 2008 Personal Properties 409% of those in 2001.

*An increase in net worth suggests that he made or realized income in the previous years equal to at least the amount of the increase, considering that he has had no liabilities.

*There is, however, no indication that he made such an income, nor is it suggested how this might have even been possible. As a Philippine senator, his declared salary is only P426,500.


Real Properties

* Real properties generally refer to real estate or immovable properties.

* In 2001, he reported only the following Real Properties at acquisition cost:

Residential, BFRV

Las Pinas: P 3, 181, 089

Residential, BF Vista Grande: 80, 000

Residential, BF Int’l LPC: 50, 000

Residential, Putatan, Muntinlupa: 446, 370

Residential, San Nicolas, Cavite: 337, 360

Residential, Naga Rd., LPC: 500, 000

Total: P4, 594, 819

* From 2002-2006, he declared the same properties, but at the aggregate acquisition cost of P4,588,619 (lower by only P6,200, so -- for the purposes of this analysis -- the lower figure is used).

* In 2007, this figure suddenly ballooned to P 19,518,532, or by 425% of the 2001 level. In absolute terms, this is an increase of P14, 929, 913.

* The 6 real properties listed from 2001-2006 became 38 parcels/pieces in 2007. These are the same properties declared in 2008. Reportedly, they are registered under the names of:

Cynthia alone, 10 parcels: P 5, 794, 232

Manny alone, 6 parcels: 2, 600, 500

The Spouses jointly, 8 parcels: 5, 503, 060

“Cynthia, married to Manny”: 14 parcels, 5, 620, 740

Total: P19, 518, 532

* There is no way to determine from the face of the SALN alone if the 6 properties he declared from 2001-2006 are the same 6 properties listed in his name in Annex “A;” for one, they are different in value/acquisition cost as those previously reported (PHP 2,600,000 v. 4,588,619 in 2002-2006). Those reported in 2001-2006 are listed by location; those in 2007-2008 are listed by title number and area, so an accurate comparison is difficult. However, since the aggregate acquisition cost of these properties in 2001-2006 are not much different from the 2007-2008 values, it may be safely assumed that the 6 properties in MV’s name are the same 6 properties he declared in 2001-2006.

* The rest of the listed properties – those registered under “Cynthia A. Villar m/to Manuel B. Villar,” and those registered in their joint names – are conjugal: should they therefore not have been declared in his SALNs from the outset as well? It is after all highly unlikely that they were only acquired in 2007, in view of the acquisition/book values that were given.

* Considering the values/amounts reported, it is equally unlikely that the Laurel Property on Shaw Blvd. (currently the NP HQ) is included in this list. This property is widely-known as having been acquired by Mr Villar and his wife: in a PDI article by Gerry Lirio in July 2008 (http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080713-148119/Villars-take-over-storied-Laurel-house-on-Shaw-Blvd), conversations with Cynthia on their purchase of the property are quoted, including their plans regarding the property, renovation costs of P4M, and the private dinner they shared when they first moved in, etc. Does this, too, suggest misrepresentation and therefore perjury? It should be remembered that we are after all required by law to declare all our assets and liabilities without any exclusions: any misrepresentation is considered to be perjury, which is a criminal offense.


Investment in Shares of Stock

* From 2001-2008, he declared Investments in Shares of Stock in a lump sum amount of P200, 837, 890 – no breakdown and no changes.

* In 2007, he itemized in Annex B.2.1 of his SALN the following “Investment Items” at “Book value” (i.e., acquisition cost):

Shares of Stock, Adelfa Properties: P 99, 997, 000

Shares of Stock, Fine Properties: 98, 000, 000

Shares of Stock, MB Villar Co: 1, 000, 000

Shares of Stock, Macy’s Inc: 500, 000

Shares of Stock, Mooncrest Properties: 1, 340, 890

Total: P200, 837, 890

Could this really have been all? Where were the shares in the other companies? Indeed, had Mr Villar not gone out of his way to declare his enormous wealth to all and sundry? So why is it not in the books, one is compelled to ask?

Since the total value of the foregoing investments is also P200,837,890 -- the same amount he reported from 2001-2006 as "Investments" -- and the companies are also the same companies he reported in 2001-2006 as those in which he and his wife had “business interests and financial connections,” is it not more likely that he is referring to the very same investments (which remained unchanged from 2001-2008) here?

In 2007, his investments in shares of stock increased by P7,846,850, although they remained unchanged in 2008. These consist of the following items:

Shares of Stock, PLDT: 10,600

Shares of Stock, Sun Life: (no value given)

Club share, Alabang Country Club: 1, 100, 000

Club Share, The Country Club: 4, 150, 000

Club Share, Quezon City Sports Club: 150, 000

Club Share, Tower Club: 356, 250

Club Share, Sta. Elena Golf Club: 1, 800, 000

Club Share, Camp John Hay Golf Club: 280, 000

Total: P 7, 846, 850

Based on the reported values of the “additional” investments above (which were at acquisition cost), it is improbable that they were acquired only in 2007; given real estate values, it is more likely that they were acquired much earlier, but were reported in his SALN only in 2007. Could this be another ground for perjury?

* From 2001-2008, he has consistently declared only 5 companies in which he and his wife have an interest: Fine Properties, Adelfa Properties, MB Villar Co., Macy’s Inc. and Mooncrest Properties. So where and how does Vista Land relate to these companies? What is his connection to, and interest in, Vista Land? And what of other companies associated with him or otherwise referred to by him in press statements as “his” company/ies? This, I thought, bore further scrutiny (please note the following SEC documents: Adelfa Properties GIS; Brittany Corp GIS; C and P Homes GIS; Fine Properties GIS; and Vista Land and Landscapes).

* Of course, as a highly-placed hedge fund insider later qualified: "an analysis of the SEC filings of Vista Land (VLL) indicate that VLL is 35.83%-owned by Fine, 22.48%-owned by Adelfa, 5.35%-owned by Polar and 2.12%-owned by ML&H Corp., or at least 65.78%-owned by holding companies that were all controlled by MV/CV. Fine is nearly 100%-owned by MV (51%) and CV (~49%); Adelfa is 39%-owned by the spouses and 51%-owned by a company called Althorp Holdings. I assume that the remainder comprises most of the public float. I am also assuming that the Villars or Villar-controlled entities (i) control Althorp; and (ii) own enough additional shares to take the Villars’ aggregate controlled shareholdings in VLL to more than the 2/3 supermajority threshold. In short, there is no need for MV/CV to directly own VLL shares if he already controls the companies that own a controlling stake in VLL (itals mine)."

* The C-5 Report should also be considered, given its core allegation, precisely, that he used his position to allocate funds for the road that traversed and benefited “his” housing subdivisions. According to the C-5 Report, Adelfa Properties, which is owned by Mr Villar and his wife Cynthia, owns Brittany Corporation (formerly Azalea), together with Vista Land and Paolo Villar, MV’s son. Vista Land, on the other hand, is also owned by Adelfa and MV’s sons Paolo and Mark. Adelfa further owns Golden Haven Memorial Park. Brittany, Vista Land and Golden Haven are therefore 100% owned by MV and his family indirectly, through Adelfa. These companies -- Adelfa, Brittany and Golden Haven -- all sold properties to the government as right of way for the C-5 Project.


Personal properties

* As stated earlier, this is where the most dramatic increases in his net worth can be found:

Amount/Value Increase YoY % Increase
Increase 2001: 200,085,040

2002: 274,868,165 74,783,125 37.37%

2003: 325,798,839 50,930,674 18.53%

2004: 415,327,318 89,528,479 27.5%

2005: 554,398,826 139,071,508 33.48%

2006: 710,225,075 155,826,249 28.1%

2007: 813,180,674 102,955,599 14.5%

2008: 818,448,411 5,267,737 .65%

* Cumulatively, from 2001-2008, the increase in absolute terms is P618,363,371 – or a three-fold increase (309%) over an 8-year period – making his 2008 declaration 409% of the 2001 values.

* From 2001-2004, these were simply reported as “Personal Properties;” in 2005-2006, as “Other Real and Personal Properties.” Here, too, we observe no details or itemization.

*In 2007, “Other Personal Properties” were itemized as follows:

Cash in Bank (SA/CA/TD): P 24, 573, 990

Receivables: 701, 106, 684

Other Personal and Real Properties: 87, 500, 000

Total: P 813, 180, 674

(See Annex B.2.2 of his 2007 SALN)

In 2008, “Other Personal Properties” were:

Cash in Bank P 29, 212, 803

Receivables & Other Personal & Real Properties 789, 235, 608

Total: P 818, 448, 411

(See Annex B.2.2 of his 2008 SALN)

* It is unfortunate that he lumped “Receivables” with “Other Personal and Real Properties” in 2008, so no assessment can be made about whether “Receivables” increased in 2008. For the purposes of the ensuing analysis, the 2007 figure of P 701,106,684 will therefore be used. Taken together with the rest of his assets, receivables – even at the amount of P701,106,684 declared in 2007 -- comprise more than half of his entire net worth! (Receivables of P701,106,684 divided by his 2008 net worth of P1,046,651, 683 = 67%).

* It is intriguing, to say the least, that he would have receivables in the first place. Remember, this is money one is expecting to receive. This category is usually reported by business enterprises, like corporations and single proprietorships, and arises from sales on credit or loans extended in the course of business. But is he actually running a business as a single proprietor? Is he selling goods or services, where it is customary to sell on credit; or is he engaged in the business of a lending investor, pawnshop or some such enterprise, where he would tend to extend credit or loans? If so, should he not have reported in his SALN that he is a single proprietor/individual engaged in business? As far as we know, he deals only through corporations – like those 5 companies he declared in his SALN, in which he has “business interests or financial connections.”

* What could this imply? The only plausible explanation is that he extended personal loans, year after year, to unspecified parties, or had money claims with these parties, as would give rise to such receivables. If this is the case, to whom did he lend or from whom does he have money claims, and why? Is this not a matter of public interest, considering the enormous size of his “receivables”? Indeed, a typical rural bank outside of Metro Manila and other urban centres, such as Cebu or Davao, might not even have a loan portfolio this sizeable.

* More significantly, if he lent money, where and how did he get the funds to lend? If he has money claims, what is the underlying obligation of the supposed debtor/s? Logic – and the causal connection between creditor and debtor – dictates that he must have had a source for the moneys he lent out and, since he had no reported liabilities, he must have generated enough income to lend. As stated earlier, an increase in net worth -- where, as in this case, there are no liabilities -- presupposes that income was earned to the extent, at least, of the increase in net worth itself. So where and how did Mr Villar get the money?

* The increase in his net worth could not have come from the following:

a) The sale of real properties: he reported 6 in 2001-2006, with fair market value -- by his own report in the SALN – of P4,012,760 (2006 SALN), and there are still 6 in his 2007-2008 SALN registered in his name alone. Moreover, as of 2008, his Real Properties included 32 “additional” parcels/pieces.

b) The sale of shares in his companies: shareholdings in the 5 companies he declared remained constant from 2001-2008; there was therefore no change.

c) Stock market transactions in quick deals; i.e, he bought and sold “short term” (could this have been margin trading?): if he had invested in the stock market, should he not have declared these investments in his SALN? Apart from his shares in the 5 companies and the club shares in various golf and country clubs, there were no other such investments declared. Assuming that he bought and sold in quick succession such that, as of the end of each year, he had no other shares than those he held in the 5 companies (hence, no other stock investments to declare in the SALN), could he have made so much on these deals without having first sunk in a significant investment so as to enable him to take such positions in the first place?

d) He could have also earned interest on his bank deposits but, given the level and nature of his declared Cash in Bank in 2007-2008 of less than P30M, the interest income could not have been that significant.

* So where was the increase coming from? In a newscast aired on 10 February 2010, he declared that the increase in his net worth came from dividends (http:www.youtube.com/watch?v=RSFqGxfeYIU&feature=youtube-gdata). If so, these dividends (a sum of money paid to shareholders of a corporation out of company earnings) must have only come from the 5 companies he declared. Records obtained, however, indicate that, of these 5, only Fine Properties was reported to have declared dividends of P196,000,000 on 2 December 2006. This is certainly very far from the net increase in his net worth from 2001-2008 of P618 M+.

* Even assuming that his companies had in fact declared dividends, it would appear that they have not been paid out – hence the term “receivables.” This suggests that he does not have the funds on hand, and only has the expectation that these “receivables” will be converted into cash in due course. If so, how could he have over a billion pesos “of his own money,” which he has openly admitted to having spent on his campaign and that of the NP's?

* In any case, regardless of the source of the increase in his net worth, should he not have paid income taxes on them? Did he in fact do so? Dividends constructively received by individuals are subject to a final tax of 10% of the gross amount, to be withheld by the corporation-declarant. Assuming that the P700M+ “receivables” are dividends, the withholding tax would be at least P70M. BIR insiders (who were apparently too apprehensive to go on record) have privately suggested that nothing near this amount has been paid in taxes, although this has yet to be verified. Still, as this is a matter of public interest, perhaps we could prevail upon Mr Villar to address these insinuations and clear his record once and for all?

* The considerations above strongly suggest that he may have deliberately “inflated” his net worth with the ingenious use of receivables to justify his widely-publicized wealth and the billions he is now spending on his campaign, which he continues to describe as “his own money.” When “hidden wealth” or “ill-gotten” gains are put through legal channels (like reporting them in the SALN) so they can “surface” as legitimate, can this be considered to be a case of money-laundering? In other words, did he make up those receivables to make it look like he had more assets than he actually did so he would therefore appear to be extremely wealthy, in the hopes that people wouldn't look into how he has been able to finance what has arguably been the most expensive political campaign in Philippine history?


As far as this writer can see, there are only three possible conclusions one might make about his declared assets (what remains undeclared, of course, is another story entirely). Either my assessment is riddled with errors (in which case this also applies to the battery of financial and legal experts/scholars I have had to consult informally) or there's something seriously amiss with his SALNs, in which case he could conceivably be accused of perjury. Otherwise, if my graver suspicions are correct, he could be accused instead of money-laundering. Either way, the implications make the mind reel, and the voter would do well to consider how this might affect the public in the long term (especially the poor, who have arguably lost out in terms of desperately-needed social services). We are after all no longer talking about opportunity cost here but about actual losses to the public purse at a time of serious economic recession; if, as a solon, Mr Villar was able to achieve more than a 1000% increase in his net worth during his few years of "public service," what could happen to our entire social infrastructure if and when -- perish the thought! -- the man becomes President of this embattled republic? Perish the thought, indeed: unlike Dante's inferno, which ultimately leads upwards into the light, MV's concentric circles can only propel us towards a collective abyss from which we may never recover.


A private postscript

Once upon a time -- oh, 24-odd years ago, I think it was, when the unending grief of the Marcos era had finally begun to lift its thick and impenetrable shadow in a youthful clarion call to freedom -- I carried with me a dream that the Philippines would one day be more than just another banana republic, teeming with warlords and armies, oligarchs and monopolies. As I peer yet again upon the threshold of history, this moment gives me pause, and I pray that our voters will be wise enough not to be taken in by glib and facile solutions or appealing personalities bereft of substance; I pray that we boldly defy dishonesty (even as that easy buck is unfailingly served up before us on a gleaming, silver platter) and instead consider sacred -- no matter the personal cost -- this country's future and that of our children's unborn children.




References:

-- M B Villar campaign expenditures and personal finances:
*
http://newsinfo.inquirer.net/breakingnews/nation/view/20100208-252010/Villar-on-campaign-ads-Its-my-money-Im-spending
*
http://www.mb.com.ph/articles/246775/campaign-funds-poll-expenses
*
http://pcij.org/stories/top-bets-for-president-grow-wealth-despite-poll-expenses/
*
http://www.malaya.com.ph/02092010/news8.html
*
http://www.philstar.com/Article.aspx?articleId=555104&publicationSubCategoryId=63

-- C5:
* http://www.scribd.com/doc/25761977/Villar-Ethics-Presentation
* http://www.scribd.com/doc/25470164/Enrile-Committee-Report

-- Laurel mansion:
*
http://www.wbber.com/v/oX3rK9dQLqc/jose-p-laurel-mansion-bought-by-manny-villar-8508

-- Poverty:
* http://propinoy.net/2010/02/08/was-manny-villar-really-ever-poor/