Lady bet for mayor fights back

This lady candidate is fighting back against accusers that she has unexplained wealth, among others. Dauis mayoralty candidate Marietta “Miriam” Sumaylo, punong barangay of Tabalong, Dauis town, said the charges of un-explained wealth, perjury for not making a true and detailed Statement of Asset and Liabilities and Networth (SALN), dishonesty and grave misconduct, filed at the Ombudsman Visayas against her are malicious, baseless and obviously politically motivated. She added the charges came after she declared her intention to run as mayor against the incumbent of her town. She is represented in the complaint by lawyer Lord Marapao IV. Far from being rattled as what her opponent must have perceived, Sumaylo came out swinging and filed her certificate of candidacy for mayor of Dauis town last October 1, 2012, first day of filing of COCs. Sumaylo’s bid created a ripple effect in nearby Dauis after it was reported that she was preparing a “bulging war chest”. Thus, the accusations ofunexplained wealth. Challenging the mayor’s seat now occupied by lawyer Jaime Jimenez who is seeking for reelection this coming May2013, Sumaylo is the standard bearer of the ruling Liberal Party. She is paired with former two-term mayor Lulu Bongalos, for vice mayor. The complaint was filed by Dauis resident Ephraim Bomediano who alleged that respondent Sumaylo’s sudden and suspicious increase of real properties are patently disproportionate to her declared gross income.

ANSWER

Sumaylo, in her counter-affidavit, filed October 18, 2012, vehemently denied each and every allegation in the Bomediano complaint. She said that almost all of the properties that were brought as issue of this case, were acquired by her and her husband before she assumed the office of the punong barangay of Tabalong, Dauis, Bohol in November 2007. Attached in the answer were documents (absolute deed of sale, deed of extra-judicial settlement, partition and others) to support her contentions showing that the enumerated properties in the complaint were acquired from 1999 to 2004, far from November 2007 when she assumed as public office as punong barangay of Tabalong, Dauis. Considered as legitimately acquired properties under Section 1 (b) of Republic Act No. 1379 are: “real or personal property, money or securities which the respondent has at any time acquired by inheritance and the income thereof, or by gift before his becoming a public officer or employee or any property (or income thereof) or already pertaining to him when she/he qualified for public office or employment, or the fruits and income of the exclusive property of the respondent.”

Complainant Bomediano also questioned how Sumaylo acquired these properties when her declared gross income in her SALN 2009 was onlyP1.6M and P3M in SALN 2011. Sumaylo said she is engaged in a lending business since the year 2000, hence she was also able to acquire properties through foreclosure of mortgage, exercised in the conduct of lending business, which are legitimate mode of acquiring properties. Proof of the existence of the lending business that existed before respondent Sumaylo assumed a public office in 2007 as punong barangay was supported by a Certificate of Incorporation and Certificate of Authority issued by the Securities and Exchange Commission both dated January 13, 2004. Complainant Bomediano further alleged that Sumaylo did not disclosed in her SALN a Mandaue lot and a building that is worth P2.2M or maybe more considering that the properties are situated on a commercial district in the city.

In answer to the allegations, Sumaylo said the Mandaue City property was acquired by her and husband last June 2010 in the amount of P2.2M as shown by an affidavit of Adjudication by Sole Heir with Simultaneous Sale and thereafter transferred to the Sumaylo Spouses as per CTC No.MR-6322 TP(63844). Sumaylo acquired these properties when her declared gross income was already P3M as declared in SALN 2011, and with a loan of P2M as declared in the SALN 2010. Altogether, the properties acquired “during the incumbency” of respondent Sumaylo (Mandaue property bought in June 2010 and Tabalong, Dauis property TCT 40583 acquired on November 2009) would only total P2.2M which amount she and her husband can well afford considering the increasing gross family income for the years 2009, 2010 and 2011.

NON-DISCLOSURE

Complainant Bomediano further alleged that Sumaylo did not disclosed in her SALN the Mandaue lot and a building that is worth P2.2M or maybe more. Sumaylo, in her answer said the non-declaration of the Mandaue property was due to the HONEST BELIEF that the same does not have to be declared yet owing to the existence of an adverse claim annotated in the Transfer Certificate of Title. In fact, the Sumaylo spouse initiated a petition for cancellation of the adverse claim, as shown in a document dated June 25, 2010. The adverse claim is still pending at a regional trial court in Mandaue City. A supreme court decision says an act done in good faith, which constitutes only an error of judgment and for no ulterior motives and/ or purposes do not qualify as gross misconduct or dishonesty, Sumaylo added.

HIDDEN ACCOUNTS

As to the unsubstantiated allegations of trips abroad, lavish life styles and multi-million hidden bank accounts, Sumaylo branded this a “ridiculous.” No amount of estimated expenses was ever submitted by complainant Bomediano in reference to these alleged trips, nor any documents submitted revealing of details of hidden bank accounts. Sumaylo had asked the Ombudsman to dismiss all the charges for utter absence of probable cause or substantial evidence. “These conjectures and surmises lingering inside the envious and malicious mind of complainant Bomediano should not be countenanced for such cannot sustain the prosecution of any offense,” Sumaylo added.