By Benjamin B. Pulta
12/15/2009 [ tribune.net.ph ]
A ruling by the Department of Justice (DoJ) has reversed and set aside a petition filed by former solicitor general Francisco Chavez who sued officials of the posh Ayala Alabang Village Association (AAVA) for allegedly failing to return P177,000 in construction bonds which he paid.
“Finding the essential element of misappropriation lacking, we deem it unnecessary to discuss the other claims and defenses raised by the parties,” Justice Secretary Agnes Devanadera said in ordering the City Prosecutor of Muntinlupa City to withdraw the information for estafa he earlier filed.
Chavez initiated the complaint against AAVA officials after they failed and refused to return his construction bond of P177,328.34, exclusive of interests, despite his repeated demands.
The AAVA officials, for its part, claimed that Chavez violated certain provisions of the Deed of Restrictions and will only return his money if he should remedy those violations.
“Clearly, the construction bond has never been misappropriated. On the other hand, it continued to serve the purpose for which it was issued in the first place — to guarantee that the construction comply with the Deed of Restrictions and the Village’s rules and regulations,” the DoJ chief said in clearing the village officials.
Devanadera added that “In this case, no probable cause exists as the essential element of misappropriation or conversion is clearly absent.”
Named respondents were members of the 2007-to-2008 Board of Governors of the Ayala Alabang Village Association namely Apolinario de los Santos III, Rogelio Santos, Mariano Manas Jr. and Miguel Victorio.
Also included respondents were the members of the board for 2008-to-2010 namely Mienrado Avisado, Pedro Picornell, Godofredo Victor Juliano, Federico Sarabia III, Roberto Limcaoco, Lendro de Leon and Cynthia Arceo.
Devanadera’s ruling reverses the earlier decision of state lawyers last September which approved the filing of a criminal complaint for estafa against officials of the AAVA.
In a six-page resolution, the Department of Justice DoJ through the City Prosecutor of Muntinlupa earlier recommended the criminal prosecution of the AAVA officers after it found probable cause to indict them for estafa which is punishable under Article 315 of the Revised Penal Code.
“Finding probable cause against the respondents for estafa under Article 315 of the Revised Penal Code, it is hereby recommended that they be charged accordingly,” said the resolution promulgated by Assistant City Prosecutor Agripino Baybay III and approved by City Prosecutor Edward Togonon.
The prosecutors noted AAVA, through its board of governors and officers, received in trust from complainant Chavez the construction bond amounting to P212,000 for the construction of his Sarangani residence at the Ayala Alabang Village sometime in February 1996.
When asked to return the construction bond, respondents adamantly, the prosecutors said. “Respondents’ refusal, however, appears to be unjustified given AAVA’s earlier acknowledgment in its letter of Oct. 15, 1999 that complainant’s construction bond was still intact and that, not having incurred any fine or penalty except for certain deductions, he then had a refundable amount of P177,328.34,” the resolution said.
“Respondents’ unjustifiable refusal to return the subject bond to the complainant thus raises the presumption of misappropriation on their part of the subject bond,” it added. Benjamin B. Pulta
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