Philippine
Center for Investigative Journalism
Last of Three Parts
THE LAWYERS and spokesperson of President
Gloria Macapagal Arroyo have spoken, in many words saying that
the 114-percent surge in her declared net worth from 2000 to
2008 could be explained.
In a press conference Monday, her lawyer
Romulo Makalintal said the ongoing PCIJ report – whose Part One
was released earlier that day -- was "speculative and
judgmental." He added that PCIJ must come up with proof to
support its "most unfair and uncalled for" findings on Arroyo’s
wealth.
Lawyer Ruy Rondain, who also serves as
counsel to First Gentleman Jose Miguel Arroyo, seconded: "My
feeling is that if the PCIJ has any evidence, it would be better
if they bring it out because the report is just full of
insinuations."
Indeed, there are more details that the PCIJ
has uncovered, and which Arroyo’s lawyers themselves may well
want to look at.
Contained in various documents obtained from
the Office of the Ombudsman, Securities and Exchange Commission
(SEC), Register of Deeds of local government units, and other
relevant public agencies, these details raise more questions
that even Makalintal and Rondain may not be able to answer.
For instance, in the Statement of Assets and
Liabilities and Net Worth (SALNs) she filed in 2008, President
Arroyo declared ownership of only six real estate properties,
with total book or acquisition value of P5.7 million.
These include a "gift purchased" residential
lot in Antipolo, Rizal; a house and lot in Baguio City; a raw
land in Coron, Palawan; a fishpond in Malolos, Bulacan; an
agricultural lot in Nasugbu, Batangas; and a commercial lot in
Tayabas, Quezon.
Until recently, the First Couple had owned a
three-hectare agricultural lot in San Rafael, Bulacan that,
according to then Senator Arroyo’s 1995 SALN, they acquired for
P1.2 million. They sold it for P42 million on Dec. 23, 2008.
It was to be the only real estate property
that the Arroyos liquidated to account for a significant cash
inflow. Cash might have come in from the sale of three other
real properties they owned -- a residential lot in Las Piñas, an
island in Cagayan, and a condominium in Makati City – but these
were sold in 1994 and 1999, or before Arroyo became president.
NO LA VISTA, NO FORBES
Curiously, over the last 17 years or from
1992 when she first served as senator, Arroyo never once
declared two prime real estate properties that her own Cabinet
officials believe she owns or has interests in: her house on No.
14 Badjao Street in La Vista Subdivision in Quezon City, and her
parents’ house on No. 92 Cambridge Circle, North Forbes Park in
Makati City.
By August 8, 2008, official records show that
ownership of 10 house-and-lot properties of the Arroyo clan in
La Vista had been transferred in the name of La Vista Holdings
and Investments, Inc., from another company whose registration
the SEC had revoked in August 2003.
La Vista Investments and Holdings is the only
company that Arroyo listed in her 2008 SALN in which she and her
husband have "business interest and/or financial connections."
The First Gentleman, President Arroyo said, is a shareholder of
La Vista Investments.
Raul Gonzalez, chief legal counsel today and
for five years justice secretary of Arroyo, recalls attending
meetings at the North Forbes house until two years ago.
Karina Constantino David, Civil Service
Commission chairperson until 2007, says she knows that the house
on Badjao Street is clustered among several houses that all
belong to the Arroyos and their children and immediate
relatives.
In their separate SALNs, Arroyo’s sons Juan
Miguel and Diosdado, both members of the House of
Representatives, as well as the First Gentleman’s brother,
Ignacio Jr., and sister, Maria Lourdes, now a party-list
representative, have all declared owning houses worth
multimillions of pesos in the Arroyo enclave on Badjao and
Kalinga streets in La Vista.
AN ELEPHANT’S MIND
That Arroyo seems to have forgotten about
these houses and other assets surprises Gonzalez, who swears
that the Philippines’ 14th president has the memory
of an elephant.
Arroyo, he says, remembers the minutest
details, facts, figures, faces, numbers, and names from even
years back. He says it is unthinkable for Arroyo to forget what
she and her husband own.
"What is obvious, how can you forget what is
obvious? How can I forget my wife has a chicken farm? How can I
forget my wife is engaged in looking for properties which are
foreclosed and sold in public auction and she tries to buy them
those things she can afford," Gonzalez says.
"She is very meticulous, she is very
retentive," he says of the president. "My God, she has the
memory of an elephant, and things you discussed six months ago
she can tell you."
Makalintal and Rondain meanwhile say that
Arroyo’s wealth could be explained not just by her real estate
properties, but also by her shareholdings in companies that she
and her husband own.
In truth, in her 2008 SALN, Arroyo had
declared that stocks already made up 70 percent, or P110
million, of her declared net worth of P144.5 million. Her SALNs,
however, do not say in which companies she has acquired capital
shares, and whether these are listed in the stock market.
The PCIJ obtained all documents available at
the SEC on the business entities in which the president and the
First Gentleman, their sons, and other relatives in public
office have interest in a diligent effort to find out whether
these could account for the surge in Arroyo’s stocks portfolio.
Stocks, also called capital shares or equity,
represent claims of ownership in a corporation – whether or not
publicly listed in the stock market.
FEW PROFITABLE FIRMS
The President, according to SEC records
updated as of October 2008, still has business and financial
connections in at least five entities: Optima Research &
Consultancy Agency, Inc., incorporator as of Sept 15, 1980;
L.T.A. Realty Corp., incorporator, as of Sept. 28, 1992; EVA
Development Corp., incorporator/board member, as of May 18,
1993; Circulo Pampangueno of Guam, Inc., board member, as of
Sept. 29, 1997; and Centrist Democrat International
Asia-Pacific, Inc., stockholder, incorporator, board member, as
of July 24, 2005.
The First Gentleman, by the SEC’s records,
still has business interests and financial connections in at
least nine entities: Trans Realty Co., Inc., incorporator, as of
Oct. 8, 1980; Raco-Trading Philippines, Inc., incorporator, as
of Oct. 9, 1980; L.T.A. Realty Corp., incorporator, as of June
28, 1982; Aviatica Travel & Management Corp., incorporator, as
of July 22, 1987; Eva Development Corp., incorporator, board
member, as of May 18, 1993; Philippine Blooming Trade and
Development Corp., incorporator, as of Sept. 5, 1995; and
Pacific Mint International Corp., incorporator, board member, as
of May 15, 1997.
The First Gentleman is also connected with
three foundations: Ateneo Law Class ’72 Foundation, Inc., board
member, as of March 14, 1996; Kaibigan ni Gloria
Macapagal Arroyo Foundation, board member, as of May 17, 1999;
and First Gentleman Foundation, Inc., incorporator, as of May
28, 2002.
All these firms are not listed in the SALNs
that Arroyo filed from 2001 to 2008. But since most are not
particularly big or profitable, they could not have served as
sources of the First Couple’s additional cash or equity shares.
NO DEEDS OF ASSIGNMENT
SEC records further show that except in the
case of one firm (Philippine Blooming Trade and Development
Corp.), no "deed of assignment" or certificates of divestment
have been filed by the Arroyos from any of these companies as of
August 9, 2009.
The Code of Conduct and Ethical Standards for
Public Officials says that "a public official or employee shall
avoid conflicts of interest at all times," and that when such
situations arise, the official should "resign from his position
in any private business enterprise within thirty (30) days from
his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such
assumption."
The Code defines "divestment" as "the
transfer of title or disposal of interest in property by
voluntarily, completely and actually depriving or dispossessing
oneself of his right or title to it in favor of a person or
persons other than his spouse and relatives."
The voluminous records that the PCIJ secured
from the SEC on the corporate assets of the First Couple yield
interesting details:
EVA Development Corporation: The primary
purpose declared, in an amended articles of incorporation filed
on Jan. 6, 1997 and signed by Jose Miguel Arroyo as corporate
secretary, was "to invest in, purchase, or otherwise acquire and
own, hold, use, assign, transfer, mortgage, pledge, exchange or
otherwise dispose of real and personal property of every kind
and description including shares of stocks, bonds, debentures,
notes, evidence of indebtedness, and other securities or
obligations, of any corporation or corporations, domestic or
foreign, for whatever lawful purpose or purposes, the same may
have been organized and to pay therefore in money or by
exchanging therefore stocks, bonds or evidences of other
indebtedness or securities of this or any other corporation, and
while the owner or holder of any such real or personal property,
stocks, bonds, debentures, contracts, or obligations, to
receive, collect and dispose of the interest, dividends, and
income arising from such property and to possess and
exercise in respect thereof all the rights, powers, and
privileges of ownership including all voting powers of any stock
so owned."
Eva Development’s incorporators were the late
parents of President Arroyo, former President Diosdado Macapagal
and former First Lady Evangelina M. Macapagal; Gloria M. Arroyo,
her brother Diosdado M. Macapagal Jr., and Jose Miguel T.
Arroyo.
The authorized capital stock, at date of
incorporation, was P50 million, and subscribed, P250,000 evenly
split among the five incorporators.
The firm listed its principal office address
at the Macapagals’ family home on No. 92 Cambridge Circle, North
Forbes Park, Makati City. The office address was later changed
to 2005 Alpha Salcedo Condominium in Makati City. In its latest
financial statements filed with the SEC and signed by
independent auditors C.B. Dimar and Associates, the firm
reported retained earnings of P24 million, total assets of P65.5
million in 2007, accrued expenses and advances from stockholders
of P788,849. Among its current assets, the firm listed P17.64
million in "loans and accounts receivable," which the notes to
the financial statements explained "represents advances made to
certain parties" that as of Dec. 31, 2007 "amount to
P17,639,146.39."
Aviatica Travel & Management Corp. A
new five-person board of directors now represents the firm with
Ma. Dolores Fortun signing as president and Victoria Seno as
treasurer. The other directors as of July 25, 2006 were Philip
Sigfrid A. Fortun, Mylene T. Marcia-Creencia, Dickson Berberabe,
and Charisse C. Corales. By this time, Aviatica also increased
its capital stock from P2 million to P5 million. Dolores Fortun
acquired P2.6 million worth of stocks equivalent to cash
advances she made to the firm. She issued five checks worth from
P200,000 to P500,000 from July 31, 2004 to July 14, 2006, in
favor of Aviatica.
On Sept. 11, 2006, Aviatica submitted amended
articles of incorporation and declared its primary purpose to be
"in general, to conduct the business of a travel and tour agency
and allied services, and accordingly, to invest, operate and/or
maintain tourist facilities, including transportation, vehicles,
ships, planes, helicopters, resorts, conference facilities both
here and abroad for the exclusive use of the corporation." In
this document, Aviatica said its P600,000 subscribed capital
stock includes shares – at the firm’s inception on July 1, 1987
– of Jose Miguel T. Arroyo (1,000 stocks worth P100,000), as
well as Victoria R. Gonzales, Honorario Poblador III, Jose P.
Dans, Mercedes D. De Jesus and Francisco Dinglasan.
Philippine Blooming Trade and Development
Corp. The firm’s declared primary purpose: "to engage in
conduct, and carry on the business of buying, selling,
distributing, marketing, at wholesale….in so far as may be
permitted by law, all kinds of goods, commodities, wares, and
merchandise of every kind and description, to enter into all
kinds of contracts for the export, import, purchase,
acquisition, sale, at wholesale, and other disposition for its
own account as principal, or in representative capacity as
manufacturer’s representative, representative broker, indenter,
commission merchant factors or agents, upon consignment, all
kinds of goods, wares, merchandise, of products whether
artificial or natural." The co-incorporators of Jose
Miguel Arroyo were Mary San Juan, Pio M. Kingsu, Gao Zhide, and
Wang Zong King. The firm declared authorized capital stock, P4
million; subscribed, P1 million. Its last filing with the SEC
dated Jan. 2, 2007 reported a transfer of business address
signed by company president Jacqueline T. San Juan.
Pacific Mint International Corp. Jose
Miguel Arroyo was incorporator together with Victoria Toh,
Salvador Guevara, Kelvin Tan, and Thomas Toh Jr. The firm said
its primary purpose was "to engage in the business of trading of
goods such as food, pharmaceuticals and others on
wholesale/retail basis." Its authorized capital stock was P1
million, and paid-up capital, P62,500 in 1997, and increased to
P250,000 in 1999, evenly split among the five incorporators. The
firm named Victoria Toh as treasurer but as of its filing with
the SEC said its retained earnings by 1998 was a deficit of
P244,959.73.
Kaibigan ni Gloria Macapagal Arroyo
Foundation. Three Arroyo scions are listed as incorporators: the
First Gentleman, his brother, Negros Occidental Rep. Ignacio T.
Arroyo Jr., and the President’s son and Pampanga Rep. Juan
Miguel M. Arroyo. In addition, Mike Arroyo’s known close
associates Edgardo C. Manda, Alfredo M. Guico, and Efraim
Genuino are also incorporators. Apart from the
incorporators, at least 16 other persons were listed as
"trustees" of the foundation, including other relatives of the
First Couple. Manda was elected as treasurer. Its latest SEC
filing showed that as of 2008, the foundation had total fund
balance of P4.75 million, slightly less than the P5.05 million
it reported in 2007 and 2006.
The foundation cited among its purposes for
existence the following: "To determine the factors that would
contribute to the social and economic upliftment of certain
communities in the Philippines, and to identify and make
available the appropriate technology, technical expertise, and
resources necessary and advisable to address the desired
development." Also, the firm said it wanted to "identify
regional, provincial, municipal and barangay socio-economic
development particularly in the province of Pampanga through the
full mobilization and development of available resources that it
may tap or generate."
First Gentleman Foundation, Inc. This latest
venture of Mike Arroyo has four close friends of his serving as
its other incorporators: Edgardo C. Manda, businessman Antonio
Cabangon-Chua, Feorelio M. Bote, and Manuel C. Roxas. Its
audited financial statements showed that the foundation had cash
ending balance of P6.01 million in 2006, slightly up from P5.8
million in 2005.