DOJ orders estafa case withdrawn vs Ayala-Alabang Village association

MANILA, Philippines - The Department of Justice has ordered the Muntinlupa City Prosecutor’s Office to withdraw the estafa case filed by former solicitor general Frank Chavez against officials and members of the Ayala-Alabang Village Association.

In a seven-page resolution, DOJ Acting Secretary Agnes Devanadera noted that “the petition for review of the case is granted, and that the resolution of the Office of the City Prosecutor of Muntinlupa is reversed and set aside. “

 “The City Prosecutor of Muntinlupa City is directed, with leave of court, to withdraw the information and estafa against respondents and to report the action taken thereon within 10 days from receipt thereof,” the resolution read.

Devanadera said, “It is imperative upon the fiscal to relieve the accused from the pain of going through a trial once it is ascertained that no probable cause exists to form a sufficient belief as to the guilt of the accused. In this case, no probable cause exists as the essential element of misappropriation or conversion is clearly absent.”

This developed after the Muntinlupa City Prosecutor’s Office found probable cause for estafa against respondents Apolinario delos Santos III, Rogelio Santos, Mariano Manas Jr. and Miguel Victorio who were members of the Board of Governors of AAVA and members Mienrado Avisado, Pedro Picornell, Godofredo Victor Juliano, Federico Sarabia III, Roberto Limcaoco, Lendro De Leon and Cynthia Arceo.

General inspection

In his complaint, Chavez alleged that construction of his second residence began in early 1996 on a 1,807 square meter property located at No. 185 Sarangani Street in Ayala-Alabang Village. He moved there in October 1997 and continues to live there up to now.

 On Feb. 1, 1996, complainant submitted a construction bond in favor of the village association in the amount of P212,000 to insure that the construction of his house will comply with the Village Association’s construction rules and regulations.

 AAVA conducted several inspections at the construction site and found there were violations of the Deed of Restrictions. The group reminded Chavez to correct the infractions and violations.

 AAVA also ordered work stoppage but complainant persisted.

 Sometime in October 1999, AAVA informed Chavez that he still has a refundable amount of P177,328.34 after necessary fees were deducted.

 However, Chavez reportedly was never granted an audience with the members of the AAVA Board nor was his construction bond released.

 In his complaint, Chavez said, “The respondents deprived him of his money and the interest it earned these past 12 years and that they maliciously, willfully, unlawfully and criminally conspired, confederated and confabulated to refuse to return his construction bond which they misappropriated for other purposes.”

 Chavez said the continued refusal to return his construction bond constitutes misappropriation as the construction bond was supposed to be held to answer for any violation of the Village Association’s Deed of Restrictions of its rules and regulations.

 The AAVA, however, similarly argued that they did not take, receive, take juridical possession, misappropriate or convert the construction bond for themselves and that nor did they use it for some purpose other than that for which he posted it.

 They maintain that the construction bond, subject to deductions, will be returned to complainant as soon as the latter corrects the violations of the Deeds of Restrictions.