The Office of the Ombudsman has filed a perjury case in the Sandiganbayan against former Overall Deputy Ombudsman Margarito Gervacio Jr. for allegedly failing to declare his Davao City house in his statement of assets, liabilities and net worth (SALN) for 2003.
In recommending the filing of the case, the Office of the Ombudsman said the house in Mintal, Davao City, was reflected in Gervacio’s 2004 SALN, but not in the 2003 SALN, even though it was built in 1999.
It said Gervacio had duly subscribed and had sworn to his SALN for 2003 before an authorized officer.
“The records of the case are bereft of any explanation from the respondent why the residential house was not included in his SALN for the year 2003 when the same was built as early as 1999,” it said.
The case, which was filed on Tuesday, was based on the complaint filed by a certain Antonio Baltazar, who had alleged that Gervacio bought residential lots in Davao City in 1996 and obtained a P2-million loan to construct his first building.
Baltazar also claimed Gervacio obtained another P2-million loan to add two more stories to the building. These buildings were not in the official’s SALN, he added.
A fact-finding investigation by the Office of the Ombudsman also showed that Gervacio was the owner of a three-story residential building in Mintal, Davao City.
Gervacio, in his counteraffidavit, said that he bought residential lots in Mintal for P100,000 and that he obtained a P2-million loan from Philippine National Bank, and another P2-million loan from Philippine Postal Bank.
But he said there was no proof that the four-story buildings were constructed on his Davao City property or that the loans were used to erect the alleged buildings.
But the Office of the Ombudsman found that Gervacio had not declared his Davao City house in his SALN for 2003.
“Suffice it to state that respondent’s failure to indicate the residential house as one of his real properties in his SALN for the year 2003 warrants his indictment with the crime of perjury,” it said.
The resolution ordering the filing of charges against Gervacio was approved by Ombudsman Conchita Carpio Morales on Nov. 17, 2011.