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Republic of the PhilippinesOFFICE OF THE OMBUDSMANQuezon CityLUIS RAYMUND F. VILLAFUERTE,JR.,Complainant,-versus-OMB-L-C________________________For : Plunder/Violations of the Anti-Graft and Corrupt Practices ActARNULFO P. FUENTEBELLA,EVELYN B. FUENTEBELLA,ARNULF BRYAN B. FUENTEBELLAand FELIX WILLIAM B.FUENTEBELLA,Respondents.x--------------------------------------xOMB-L-A-_______________________For: Dishonesty, Grave Misconductand Conduct Grossly Prejudicial tothe Best Interest of the ServiceCOMPLAINT-AFFIDAVITI, LUIS RAYMUND F. VILLAFUERTE, JR., Filipino, of legal age,a resident of Cadlan, Pili, Camarines Sur, and the incumbentGovernor of the Province of Camarines Sur, after having sworn inaccordance with law hereby state that:1. Respondent ARNULFO P. FUENTEBELLA (hereinafter“Arnulfo”) is a Filipino, of legal age, married, and with residences atBrgy. Abo, Tigaon, Camarines Sur, and 8 F. Lopez St., Tierra PuraHomes, Quezon City. He is a member of the Integrated Bar of thePhilippines and has served as Representative of the Third District ofthe Province of Camarines Sur from 1992-2001; 2004-2007, andthereafter up to the present. He is also the incumbent Deputy Speakerof the House of Representatives.

22. Respondent EVELYN B. FUENTEBELLA (hereinafter “Evelyn”)is a Filipino, of legal age, married to Arnulfo, and with commonaddress as the latter. She is the incumbent Mayor of the Municipalityof Sagnay, Camarines Sur.3. Respondent ARNULF BRYAN “ARNIE” B. FUENTEBELLA(hereinafter “Arnie”) is a Filipino, of legal age, a son of Arnulfo andEvelyn, and a resident and the incumbent Mayor of the Municipalityof Tigaon, Camarines Sur.4. Respondent FELIX WILLIAM “WIMPY” B. FUENTEBELLA(hereinafter “Wimpy”) is a Filipino, of legal age, and with the sameresidence as his parents, Arnulfo and Evelyn. He is a formerRepresentative of the 3rd District of the Province of CamarinesSur from 2001-2004. He is currently a Commissioner of the Housingand Land Use Regulatory Board (HLURB).5. The Fuentebella clan of the province of Camarines Sur, towhich herein respondents belong, is one of the old political dynastiesin the Philippines. Its patriarch was Don Mariano Fuentebella. DonMariano had three (3) sons: Manuel, Jose and Felix. RespondentArnulfo is the son of Felix, a former governor of Camarines Sur.THE CHARGE6. Complainant accuses Respondents of Plunder, as defined inRepublic Act No. 7080, as amended, as well under the pertinentprovisions of the Anti-Graft and Corrupt Practices Act, for amassingand accumulating ill-gotten wealth, in connivance with each other,and through a combination or series of misappropriations,conversions, misuse and malversation of public funds; having directinterest and benefit from government contracts or projects by reasonof their offices; illegal and fraudulent conveyance and disposition ofassets belonging to the government; and taking undue advantage of

3official position, authority, relationship, connection or influence tounjustly enrich themselves at the expense and to the damage andprejudice of the people of Camarines Sur and the government, asfollows:A. RESPONDENTS AMASSED ILL-GOTTEN WEALTH IN THEMUNICIPALITY OF SAGNAY,CAMARINES NORTE.7. The Fuentebellas own a huge portion of the land covering theBarangay of Patitinan, Sagnay, Camarines Norte, where Evelyn is theincumbent mayor, particularly 335.2252 hectares thereof, as shownby a list of said properties hereto attached as Annex “A,” andevidenced by the Field Appraisal and Assessment Sheets issued by theCamarines Sur Provincial Assessor’s Office, hereto attached asAnnexes “B” to “B- 12.” These parcels of land used to be registeredunder the names of either Mariano, Jose, Felix, Heirs of Jose or Heirsof Asuncion, all Fuentebella.8. Upon the instance of Arnulfo, said property was surveyed on10 to 15 August 2006 by Geodetic Engineer Angel T. Pormalejo, whoissued a Subdivision Plan, illustrating the sharing/partition of theFuentebellas of the said property, with an aggregate area of 2,534,325in terms of square meters. The said Subdivision Plan certifies, amongothers, that Lot 1 of the subject land, covering fifty thousand squaremeters (50,000 sq. m.), is under the name of Arnulfo.9. In the same year, 2006, the aforementioned 50,000 squaremeters parcel of said land was transferred to and registered in thename of Arnulfo.10. This land covers a sitio formerly known as Mahalas Point,which they now call “Sitio Elis Point,” after the nickname “ELIS" ofArnulfo’s father, Felix Fuentebella. This is accentuated by thepresence of a gigantic sculpture of the head of Felix at one point along

4the said road on Sitio Elis Point. Please see photos thereof attachedas Annex “C” to “C-2” hereto.11. The foregoing facts are attested to by the incumbent Officerin Charge of the Provincial Assessor’s Office of Camarines Sur, FelixG. Morandarte, Jr. in his Affidavit hereto attached as Annex “D.”Copies of the aforementioned TCT No. T-45229 and Subdivision Planattached to Mr. Morandarte’s Affidavit are hereto respectively markedand attached as Annexes “D (A)” and “D (B).”12. Within the past few years, the public’s attention was caughtby a construction of a concrete road, comparable to the size andquality of a national road, from one point of the Tiwi-Sagnay Road(National Road) entering and lying across the said property of theFuentebellas. This road, computed according to standard constructionrates, would amount to approximately P15,000,000.00. Curiously,however, such road was blocked by a huge concrete fence and aclosed gate, denoting exclusion of the public from access or usethereof.13. Recently, the Provincial Administrator of Camarines Sur, Mr.Fermin M. Mabulo, who was among those whose curiosity and senseof service was ignited thereby, conducted a research on suchstructures. The following are the pertinent portion1s of his revealingfindings, which he recited in an Affidavit hereto attached as Annex“E”:13.1. Appearing in the website of the Department of PublicWorks and Highways (DPWH) 1 are data of the following projectsin Barangay Patitinan, Sagñay, Camarines Sur, particularly onElis Point:1 www.dpwh.gov.ph

5a) Construction of Multi-Purpose Building at Sitio ElisPoint, Patitinan, Sagnay, Cam. Sur (Project ID No.050310T00128) with a program amount ofPhp2,000,000.00;b) xxx xxx xxxc) Concreting of Road, Sitio Elis Point, Patitinan, Sagnay,Cam. Sur (Project Id No. 050310H00331) with a programamount of Php2,000,000.00.A copy of the pertinent DPWH web page attached to Mr.Mabulo’s Affidavit is hereto attached and marked as Annex “E(A)”;13.2. Also found separately in the same DPWH web site is thedata on the Concreting/Construction of Multi-purposePavement, in the same Brgy. Patitinan (Project ID No.050310O00124), with a program amount of Php3,500,000.00and a contract amount of Php3,161,000.00.A copy of the pertinent DPWH web page, attached to Mr.Mabulo’s Affidavit, is hereto attached and marked as Annex “E(B)”;13.3. The website of the Department of Transportation andCommunications (DOTC) (www.dotc.gov.ph), in the pagecaptioned “Accomplishment Report: July 2010 – June 2011”contains a link “Locally funded Projects for 2011 (Carry-Over &New Projects): PPA Field-Office-Implemented” which, whenclicked, downloaded a copy of “Annex D CONSOLIDATEDPROJECT IMPLEMENTATION REPORT”, a printed copy of which,attached to Mr. Mabulo’s Affidavit, is hereto attached andmarked as Annex “E (C);”

6In the said CONSOLIDATED PROJECT IMPLEMENTATIONREPORT of the DOTC, it appears that there is a lighthouseproject in Sitio Elis Point, Barangay Patitinan, Sagñay, with aprogram amount of Php3,000,000.00 (Annex “E (C)-4”);A Construction of Lighthouse was, in fact, implemented from 21December 2010 to 04 April 2011 at Elis Pt., Patitinan, Sagñay,Camarines Sur with a Project Cost of Php3,815,122.05, asshown by a printed copy of the page entitled “the Status, as ofApril 25, 2011 of Locally Funded Projects for 2011 (Carry-Over &New Projects), PPA Field Office-Implemented,” attached to Mr.Mabulo’s Affidavit, and hereto attached and marked as Annex“E(D);”It must be noted at this juncture that Annexes “E(C)-4” and“E(D)” yields that the sources of the funds purportedly for thesame lighthouse project are separate and distinct from eachother. The project in Annex “E(D)” was reported as completed in04 April 2011, while that in “E(C)-4” was scheduled forcompletion on 31 May 2011. There are, therefore, at least twoallocations of budget for one and the same project.Moreover, Annex “F(F)” to “F(F)-1” reveals that what wasbuilt using the same funds is not a lighthouse but a viewdeck of the the Fuentebellas Resort, thereby showing thefraud committed by Respondents against the government toserve their own interest.13.4. In the National Economic and Development Authority(NEDA) web site, it was also found out that the project named“Concreting of Elise Point (Mahalas Road), Patitinan – Gravelto Concrete” with a project amount of Php1,481,000.00 wasalso implemented from 05 November 2008 to 05 March 2009 in

7Sitio Elis Pt., Barangay Patitinan, Sagñay, Camarines Sur. Acopy of the pertinent screen shot of the page, attached to Mr.Mabulo’s Affidavit, is hereto attached and marked as Annex“E(E);”13.5. In the website of the House of Representatives(www.congress.gov.ph), the Priority Development AssistanceFund (PDAF) Profile for 2007 of Representative ArnulfoFuentebella reveals that part of his PDAF was allocated for theConstruction of Seawall – Sitio Elis Point, Patitinan,Sagñay, Camarines Sur with an amount of Php1,000,000.00,as shown by page 3 of Annex “E(F)” hereof.14. All of the foregoing projects, apparently, have two thingsin common: First, they are all funded from government money;and, secondly and ironically, they are all found in the privateproperties of the Fuentebellas, mostly within Sitio Elis Point, theproperty of Arnulfo.15. It was even more revolting to learn that, despite theforegoing, the Fuentebellas do not only exclude the public from usingthe subject road by closing the gate that leads thereto but actuallyprecludes any physical interference thereto through caretakers. Mr.Mabulo attests in his affidavit as follows:“Sometime on July 24, 2011, I together with Mr.Dominador Ranera went to Barangay Patitinan, Sagñay,Camarines Sur to verify whether the above-mentioned projectsreally exist. When we arrived there, Sitio Elis Point has a fenceand a gate and the caretaker of the property did not allow us toenter. Mr. Ranera took pictures of the gate instead.”16. Such fact is confirmed by another witness, Mr. DominadorRanera, in his Affidavit hereto attached as Annex “F.” A photographof the closed gate, taken by Mr. Ranera on that same day, attached tohis Affidavit, is hereto attached and marked as Annex “F(A).”

921. Just the same, the intent of the Fuentebellas to exclude thepublic from, and to claim privacy over the same concrete road, andtheir entire property in general, remained manifest by theirbarricading of the same already dismantled gate, as shown by aphotograph taken by Mr. Ranera on 27 August 2011, attached to hisAffidavit, and are hereto attached and marked as Annexes “F(I)” to“F(I)-1.”22. It is immediately noticeable that, while the herein subjectconcrete road, seawall, lighthouse, multi-purpose hall and pavement,were constructed using public funds, no other persons or estatesbenefit therefrom but the Fuentebellas. The photographs heretoattached show that no communities, houses or other establishmentsare serviced by the said road. Besides, the 335 hectares of land onwhich said road lies belong privately and exclusively to theFuentebellas and leading directly to Arnulfo’s share of the estatewhere the Fuentebella Mansion stands.23. It is, thus, apparent that the herein Respondents, membersof the same family who stand to reap a common benefit, for theircommon properties, confederating with each other, and on accountand by virtue of their public offices, with intent to gain, manipulatedgovernment contracts and transactions and diverted andmisappropriated public moneys to accommodate and serve their ownpersonal interests.B. RESPONDENTS AMASSED ILL-GOTTEN WEALTH IN THEMUNICIPALITY OF TIGAON,CAMARINES SUR.24. Respondents also share in the ownership of a vast tract ofland in the Municipality of Tigaon, Camarines Sur, where ArnulfBryan or Arnie is the incumbent mayor. Said tract of land, situated inBarangay Abo, is originally registered under the name of Felix A.

10Fuentebella, covering an area of FOUR HUNDRED TWELVETHOUSAND EIGHT HUNDRED AND TWENTY THREE SQUAREMETERS (412,823 sq.m.) Please see Original Title Certificate No. RD-36 (1652) hereto attached as Annex “G.” This land is locally known asthe Fuentebellas’ “Abo Farm.”25. Arnulfo, being an heir of Felix, is necessarily a co-owner ofsaid tract of land. In fact, Arnulfo’s residence is erected on said land.Hence, in the Congress database, 2 Arnulfo declares that his provincialaddress is “Brgy. Abo, Tigaon, Camarines Sur.”26. In an annotation on Original Title Certificate No. RD-36(1652), Entry No. 49398 (Annex “G-3-A” hereto), Arnulfo’s childrenFelix William, Pamela Rinah and Patricia Dinah were made donees ofFelix, inter vivos, of seven (7) hectares each of said land.27. An inspection of said land revealed that, erected beside theaforementioned Fuentebella residence, and within the saidFuentebella property, is a huge covered sports complex worthapproximately P10,000,000.00. That said sports complex is fundedby Government money is shown by a print on the roof thereof whichstates: “Salamat Po Pres. Joseph E. Estrada/Cong. Noli P. Fuentebella.”Please see Annex “H(B)” hereto.28. Moreover, a full concrete road network, similar to publicroads, worth P15,000,000.00 approximately, is in place, going to andaround the said properties. In between the sports complex and theFuentebella residence, appearing as a common facility, also insideFuentebella property, is a swimming pool bearing the “F” logo of theFuentebellas, similar to that appearing in the swimming pool in theElis Point Fuentebella Mansion. Behind the said sports complex are2http://www.i-site.ph/Databases/Congress/13thHouse/personal/fuentebella-personal.html

11helicopter landing pads which the Fuentebellas use. This only goes toshow that they are not for the consumption of the general public.29. These facts are attested to by Mr. Ranera in his other Affidavithereto attached as Annex “H.” Copies of the photographs of theFuentebella residence, in relation to the sports complex, attached toMr. Ranera’s Affidavit, are hereto attached as Annexes “H(A)” and“H(B),” series. Copies of the photographs of the aforesaid roadnetwork, also attached to Mr. Ranera’s Affidavit, are hereto attachedas Annexes “”H(C)” series.30. The manner by which the said sports complex and the roadwere built apparently show that it is for the service and benefit of theFuentebellas. In the first place, it is built on the Fuentebellas’ privateland. The photographs also suggest that it is not immediatelyaccessible to the public in general as no houses or otherestablishments, except those of the Fuentebellas are found within thevicinity. Besides, the entire 412,823 sq.m. land is the Fuentebellas’private property.31. Moreover, despite of the foregoing, in the website of theHouse of Representatives (www.congress.gov.ph), there also appearsin the Priority Development Assistance Fund (PDAF) Profile for 2007 ofRepresentative Arnulfo Fuentebella, data to the effect that part of hisPDAF was allocated for the Concreting of Barangay Road-Abo,Barangay Abo Tigaon, Camarines Sur with an amount ofP1,200,000.00 and for the Construction of Multi-Purpose Building–Abo, Abo, Tigaon, Camarines Sur, in the amount ofP2,500,000.00, as respectively shown in page 3 of Annex “E(F)”(Annex “F” to Mr. Mabulo’s Affidavit).32. Additionally, the Fuentebellas, particularly Arnulfo, his sonsArnie and Eugene Adrian, and the Heirs of Felix in general, are theowners of another vast tract of land in Gaao, Tigaon, Camarines Sur.

12Their respective land titles pertinent to such ownership are heretoattached as Annexes “I” to “I-6.” Amazingly, an irrigation system wasdiscovered as lying across the said Fuentebella properties, which caterto the said Fuentebella lands. Copies of photographs of said irrigationstructures, mentioned in Mr. Ranera’s recent Affidavit (Annex “H”hereto), are hereto attached as Annexes “H(D)” series.33. A report from the National Irrigation Administration, heretoattached as Annex “J,” proves that the amount of public fundreleased for such project is P5,675,206.00 (Please see Annex “J(B)-6”). The same report, in Annex “J(B)-3” hereto, also attests to the factthat Arnulfo has a pending request for an additional P2,000,000.00fund for the same irrigation project.34. It is observed that it is highly improbable that Arnulfo couldhave afforded, in his private capacity, the expenses for building theP25,000,000 worth Fuentebella Mansion in Sitio Elis, the roadnetworks aforementioned, the facilities and amenities, and the massof all the aforementioned properties the Fuentebellas enjoy, since, perhis recent Sworn Statement of Assets and Liabilities (Annex “K” to“K-1” hereto), his net worth is only P29,660,253.66 and his assetsconsists only of inheritance. He has no known registered business ashe, does not even state in said SALN any particular business interestand other financial connections including those of his spouse andunmarried children.35. Respondents have, therefore, with apparent bad faith purelyselfish motives and flagrant disregard of public interest, amassedpublic wealth to the disadvantage and prejudice of the public theyserve and the office they discharge, for which they should beproceeded against and punished criminally and administratively.36. The foregoing acts of herein respondents constitute acombination or series of the misappropriation, conversion, misuse, ormalversation of public funds; direct interest and benefit from

13government contracts or projects or by reason of their offices; illegalconveyance or disposition of assets belonging to the government;unjust enrichment of themselves and the Fuentebella family at theexpense and to the damage and prejudice of the Filipino people andthe Republic of the Philippines; all punishable under the Plunder Law.37. In the meantime, it is respectfully prayed that Respondentsbe suspended preventively from their respective offices in order thatthey may be prevented from influencing witnesses and evidence asthey have already did in the Elis Point property as discussed above.38. I execute this Affidavit to attest to the truth of the foregoingand to formally commence a criminal and an administrative complaintagainst respondents.IN WITNESS WHEREOF, I have hereby affixed my signaturehereunder this ____ day of September 2011.________________________________________LUIS RAYMUND F. VILLAFUERTE, JR.,AffiantSUBSCRIBED AND SWORN to before me this ___ day ofSeptember 2011 with above Affiant personally appearing before meand after examining him have so declared and stated under oath thatthe foregoing statements and allegations are true and correct of hisown personal knowledge.______________________________ADMINISTERING OFFICERI hereby certify that I have examined the Affiant and I amsatisfied that he voluntarily executed and understood his Complaint-Affidavit.______________________________ADMINISTERING OFFICER

14VERIFICATION AND CERTIFICATIONAGAISNT FORUM SHOPPINGI, LUIS RAYMUND F. VILLAFUERTE, JR., of legal age, Filipino,and with address at Cadlan, Pili, Camarines Sur, after having beenduly sworn in accordance with law, hereby depose and state asfollows:1. I am the Complainant in the present complaint;2. I have caused the preparation and filing of said Complaintand the allegations contained therein are true and correct of my ownpersonal knowledge and based on authentic records;3. I certify and attest that I have not commenced any otheraction or proceeding involving the same parties, issues and subjectmatter in the Supreme Court, the Court of Appeals, or any othertribunal or agency, and that to the best of my knowledge, no suchaction or proceeding is pending in the Supreme Court, the Court ofAppeals, or any other tribunal or agency.4. If I should learn that a similar action or proceeding has beenfiled or is pending before the Supreme Court, the Court of Appeals, ordifferent Division thereof, or any other tribunal or agency, I shallnotify this Honorable Office within five (5) days from such notice.LUIS RAYMUND F. VILLAFUERTE, JR.AffiantSUBSCRIBED AND SWORN to before me this ___ day ofSeptember 2011 with above Affiant personally appearing before meand after examining him have so declared and stated under oath thatthe foregoing statements and allegations are true and correct of hisown personal knowledge.______________________________ADMINISTERING OFFICER