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Question: What Is The Circumferential Road (c5) Project?
Question: What Is The Circumferential Road (c5) Project?
ANSWER: The C5 Road Project is a project of the national
government to provide a network of roads geared at
helping the Filipino commuters.
C5 Road was renamed President Carlos P. Garcia
Avenue under Republic Act No. 8224 which was
passed by the House of Representatives and the
Senate on 24 July 1996 and 30 September 1996,
respectively.
The alignment of the C5 Road starts at the junction of Letre Road
and Dagat‐dagatan in Navotas and Malabon and will pass through
Valenzuela, Quezon City, Pasig, Makati, Taguig, Parañaque, SLEX &
Merville, Las Piñas and terminates at R1 (Manila‐Cavite Coastal
Road), with an approximate length of 51 kilometers.
Construction of the C5 Road started in 1986. Of the entire stretch,
32.5 kilometers are fully developed, covering Malabon and Caloocan
going all the way to Quezon City‐Taguig/Pateros. Ongoing
construction will complete the Parañaque‐Las Piñas‐Cavite portion.
The C5 Road Project is NOT a personal project of Senator Manny
Villar. He is, however, an ardent supporter of the Project
considering the benefit that will redound not only to his
constituents in Las Pinas City but to the millions of people that will
be able to utilize the said road.
QUESTION: DID VILLAR CAUSE THE DOUBLE INSERTION OR DOUBLE
APPROPRIATION OF P200M FOR THE C5 PROJECT?
ANSWER: NO.
There is no anomaly. There is no double insertion.
As early as September 2008, Senator Enrile, then Chair
of the Senate Committee on Finance, cleared Villar
from the charges.
There was no double appropriation for while the
appropriation was for the same C5 Project, it was for 2
different portions of the said project. The first P200M
was for the Sucat Flyover; while the second P200M was
for the Coastal Flyover.
According to Senator Enrile:
“Unfortunately that is being twisted to make it appear that
the introduction of additional amount is an attempt to
steal from the government”.
The First P200 M goes
to Sucat Rd. flyover
d a
d
A ro
Roa
NAI
Flyover2 stal
Coa
Coastal Road Flyover 1
Sucat Road
Su
SLEX
ca
t R
oa
d
Additional P200 M
goes to Coastal flyover
QUESTION: DID VILLAR CAUSE THE C5 ROAD EXTENSION TO BE
DIVERTED TO DELIBERATELY PASS THROUGH THE
PROPERTIES OWNED BY VILLAR CORPORATION?
ANSWER: NO.
a) The alignment of the on‐going C5 Road Project is the originally
identified DPWH alignment.
b) The alleged “original alignment” is actually the alignment of the
Manila‐Cavite Toll Expressway Project (the “MCTEP”), which is an
entirely different project from the C5 Road Project.
In other words, there are 2 separate projects with different
alignments.
c) The MCTEP is a project of the Toll Regulatory Board (“TRB”) under
concession with UEM‐Mara Phils.; while the C5 Road is a project of
the national government through the DPWH.
MCTEP is a “toll expressway” which requires payment of toll
fees; while the C5 Road is a “national road” which allows free
passage of all commuters.
MCTEP and C5 Road may be pursued and implemented
independently of each other.
DPWH LETTER dtd 10.15.08
DPWH LETTER dtd 10.15.08
Except for such shifting of the Bridge No. 2, no more modification was made
from the original alignment up to its construction phases from Sucat Road to
Pres. Quirino Avenue.
DPWH LETTER dtd 10.15.08
C5 Project
MCTEP
QUESTION: DID THE GOVERNMENT ACQUIRE THE PROPERTIES
OWNED BY VILLAR CORPORATIONS AT A GROSSLY
OVER‐PRICED AMOUNT?
ANSWER: NO.
a) Villar properties traversed by the C5 Road Project were acquired at their zonal
values as certified by the Bureau of Internal Revenue (BIR).
The valuation parameters of properties acquired by the Government for public
use is fixed by law, i.e. Administrative Order No. 50 and Republic Act No. 8974.
Hence, there is not much room or opportunity for landowners to negotiate the
price at which their properties will be taken.
(It bears to point out that Villar corporations could have sold the properties
acquired by the Government at a much higher market value than the zonal
value.)
c) There is nothing illegal for the receipt of payment for properties taken by the
Government. Article III, Section 9 of the Constitution provides that, “Private
property shall not be taken for public use without just compensation”.
d) BRITTANY Property is NOT adjacent to PLAZA Property
BRITTANY Property has a higher valuation because it has 56.11 square meter‐
frontage along Sucat Avenue, while PLAZA Property is an interior lot.
e) Masaito lot was valued at P30K per square meter because it has 139.09 meter
frontage along Sucat Road.
This is to certify the zonal value of the commercial property located in Real St.
Barangay Pulang Lupa Uno, vicinity of Perpetual Village is Php 13,300.00
based on the Revised Zonal Valuation 1996.
Transfer Certificate of Title No. T-26482 registered under Golden Haven
Memorial Park, Incorporated located in Barangay Pulanglupa is Php13,000.00
based on the Revised Zonal Valuation 1996.
P15,000/sq.m.
P4,000/sq.m.
Transfer Certificate of Title No. T-155914 registered under Masaito Development
Corporation located in Barangay San Dionisio, Parañaque City is Php4,000.00
per square meter based on Revised Zonal Valuation of 1998
P30,000/sq.m.
P4,000/sq.m.
P4,000/sq.m.
QUESTION: IS SEN. VILLAR REQUIRED TO “DIVEST” UNDER THE
LAW?
ANSWER: NO.
Sec. 12, Article VI of the Constitution provides: “All Members of the Senate
and the House of Representatives shall, upon assumption of office, make a
full disclosure of their financial and business interests. They shall notify the
House concerned of a potential conflict of interest that may arise from the
filing of a proposed legislation of which they are authors.”
The only requirement provided in Section 12 is the full disclosure
of financial and business interests of all members of the Senate.
There is no prohibition against members of Congress from having
“financial and business interest”.
Article VI (on Legislative Department) of the Constitution does not
provide for the same prohibition imposed on the Executive
Department. The most logical reason for the same is that the
legislative members act as collegial body. On the contrary, said
officers of the Executive Department could approve deals or
contracts based on their sole discretion.
QUESTION: IS THERE A “CONFLICT OF INTEREST”?
ANSWER: NONE.
a) Under the Rules Implementing the Code of Conduct and Ethical Standards for
Public Officials, “Conflict of Interest” occurs when the official or employee is a
substantial stockholder of a corporation and the interests of such corporation are
opposed to or affected by the faithful performance of official duty.
Insofar as the C5 Project is concerned, Sen. Villar’s financial interests in the
Corporations’ whose properties were taken by the Government is NOT OPPOSED
to the performance of his functions as a public official. At the very least, there was
“confluence” of interest, but certainly not “conflict” of interest.
VILLAR could not have prevented the construction of a public road that will
benefit millions of people simply because a small portion of it will pass through
his properties. (Villar properties comprise 7% only of the total ROW requirement)
b) More importantly, in an Opinion dated 09 November1999, the Department of
Justice said that “the acquisition by the government of Villar properties for right
of way purposes does not fall within the constitutional prohibition under Sec. 14,
Art. VI. The acquisition is but a necessary consequence of the exercise by TRB and
DPWH of its power to condemn private property for public use subject to the
provisions of existing law”.
c) Mere material or financial interest on the part of a government
official in a private enterprise DOES NOT per se bar the said
enterprise from entering in some contract with a government office
or agency. It must be such as to afford opportunity for misuse of the
official influence by Members of Congress.
Considering that the parameters for determining the value of the
properties affected by public roads is fixed by law (under AO No. 50
and RA No. 8974) – there is hardly any room left for the discretion of
DPWH and/or TRB, and no opportunity is presented for the
temptation to employ official influence on the part of Villar in order
to enhance his private or personal gain.
In other words, the possibility of misuse of official prestige and
influence, which is the underlying ratio behind the constitutional
prohibition, is wanting.
That possibility and opportunity is absent because the need to enter
into the contract for the acquisition of road right of way and the
determination of its terms and stipulations required no exercise of
discretion by a government official.
DOJ OPINION
DOJ OPINION
DOJ OPINION
DOJ OPINION
DOJ OPINION
DOJ OPINION
DOJ OPINION
DOJ OPINION
ON THE “PROJECT PROFILE”
a) On Villar named as “Proponent”:
It is a common practice in DPWH to reflect the names of the elected
officials where the project is located.
b) On “Revision of Plan / Alignment” and “Revised Alignment Approved”:
The revised alignment referred to as “approved” is the slight shifting of
the bridge alignment in order not to create conflict with the proposed
alignment of LRT Line 1 South Extension Project. This was made in
response to the request of LRTA to DPWH‐NCR, per letter dated February
23, 2001. Even with this slight change, the 30 meters road right‐of‐way
was still maintained.
c) On “City Government of Las Pinas together with the Staff from the
Office of the proponent had negotiated the land owners affected by
the RROW”:
As a matter of policy of the DPWH, the implementing office is required to
coordinate and request assistance if needed with the concerned
congressmen, LGUs and elected officials if only to ensure the smooth
implementation of infrastructure projects located in their respective area
of jurisdiction.
“ENEMIES WILL
ACCUSE YOU WITH
LIES.”
“ALLIES WILL
DEFEND YOU WITH
TRUTH.”
END OF PRESENTATION