Monday, December 22, 2008 Santos couple files countersuit vs ex-mayor
FORMER Davao City mayor Luis T. Santos's nephew and his wife countered the eight counts of estafa filed by their uncle by filing three different criminal cases against the former mayor.
In their counter-affidavit with countercharge complaint filed before the Davao City Prosecutor's Office last December 5, Francisco C. Santos Jr. (FCS) and wife Leonida charged the former mayor, who is at his political prime and more popularly referred to as LTS, with perjury, unjust vexation, and intriguing against honor.
In their complaint, the couple denied the estafa charge of LTS against them in connection with the P1.144 million the couple allegedly took from the Santos Land Development Corporation (SLDC) back in 2006 when FCS was still the chairman of the board.
The Santos couple said the money they received from the company was payment for professional services Leonida rendered to the SLDC back in 2005 when the couple were not yet officers of SLDC.
The couple claimed Leonida was hired by SLDC for the building they were then planning to build in Davao City.
The architect couple also said that they should have charged SLDC seven percent of the cost of the building in professional fees. The building cost P120 million, thus, the couple said, they could have charged the family corporation a whooping P8.26 million for the architectural services they rendered.
Being part owner of the family corporation though, the Santos couple said they only charged five percent of the total cost or about P5.9 million in professional fees. This was later reduced to 4.3 percent, which the Santos couple still accepted.
The Santos couple received payments for their services only in March 2006 until December 2006 when Leonida was already the chairman of SLDC. They listed the breakdown of payments as follows:
March 08, 2006 - UCPB 005693391 - P91,071.43
April 20, 2006 - UCPB 0005693724 - P91,071.43
May 19, 2006 - UCPB 0005708993 - P91,071.43
August 17, 2006 - BPI 909757 - P176,785.71
September 25, 2006 - BDO 0044703 - P150,000
November 21, 2006 - BPI 928706 - P104,000
November 29, 2006 - BPI 928766 - P104,056.48
December 22, 2006 - BPI 92899 - P336,000
These same payments have now been claimed by LTS as "illegal payments" made by their company to the Santos couple.
In his affidavit of complaint, LTS accused the Santos couple of receiving payments despite the lack of authority from the board of directors and the president of the said company.
The complainant said all payments received by his nephew were at a time when the younger Santos was sitting as chairman of SLDC. LTS said he discovered the "anomaly" after he took over the position.
LTS said he demanded the couple to return the P1.144 million to the company in a letter dated September 29, 2008 to which the accused couple has not complied as of date, thus the filing of the case.
The Santos couple, however, claimed that the payment for their services was included in the company's report during several board meetings with not a single boardmember opposing against the payment.
The couple said that no less than LTS knew about the payment and had also not expressed any opposition to the same.
"Notably, the complainant (LTS) deliberately concealed material facts in his affidavit complaint that he has previous knowledge of the payments made by the corporation for the professional fees of the respondents arising out from designing the proposed commercial building of the corporation. Complainant is now barred or stopped to feign lack of knowledge," the Santos couple stated in their counter-affidavit.
The couple said the company was also not damaged or prejudiced out of the payment since the couple had complied with the contract.
"Complainant's claim that the corporation was damaged or prejudiced has no leg to stand. No damage was suffered by the corporation as the plans, specifications, etc. were submitted by the respondents. In fact, the corporation was benefited more so if we consider that the professional fees were way below the minimum rate and paid in installments for a long period even if the designs had been long completed," the couple stated.
"On the contrary, it is aptly shown that complainant deliberately and knowingly committed perjury when he executed the affidavit-complaint as shown by the documents and considering that he is a stockholder, board member and lately the Chairman wherein in such capacity he has full knowledge and/or ought to know the agreement between the corporation and respondents regarding the payment of professional fees and/or the issuance of the corporation of the subject checks," the couple added.
The Santos couple said if LTS was really serious in protecting the family corporation, he should also have filed the same charges against the signatories of the eight cheques they received. It was learned that only the Santos couple were accused by LTS of eight counts of estafa.
The boardroom battle took a turn for the worse when the company held an election recently during which LTS was reportedly ousted as chairman of the board.
Members of the family are now asking their relatives to intervene in the family squabble that, if not settled immediately, would surely turn bloody.
