OFFICE OF THE OMBUDSMAN
REPUBLIC OF THE PHILIPPINES
OMBUDSMAN BUILDING
AGHAM ROAD QUEZON CITY 1101
BERNADINE S. JOSON,
COMPLAINANT,
CASE NO._____________________
FOR: PLUNDER, GRAFT AND CORRUPTION,
TECHNICAL MALVERSATION, UNETHICAL
CONDUCT, VIOLATION OF THE GOVERNMENT
PROCUREMENT REFORM ACT (RA 9184)
AND FORFEITURE.
- VERSUSCECILIA SEAREAS LUNA, JENDRICKS
SEARES LUNA, LARA HAYA SEARES LUNA,
PURIFICACION BLAZA PAINGAN, MARISSA
G. DONATO, MENO C. DICKENSON AND
OSBORNE P. DOLAOEN,
RESPONDENTS.
X--------------------------------------------------X
COMPLAINT-AFFIDAVIT
I, BERNADINE S. JOSON, of legal age, married, until recently Municipal Planning and Development
Coordinator and concurrent Secretary to the Sangguniang Bayan of the Municipality of Lagayan, Abra, with
address for purposes of this complaint at Roque and Butuyan Law Offices, Unit 1904 Antel 2000 Corporate
Center, 121 Valero Street, Salcedo Village, Makati City 1277, hereby depose and state that:
1.
What I wish to say in the pages of this Complaint-Affidavit is a story of how key members
of a political family in a small far-flung, underdeveloped town in Abra, over a period of a little more than a
decade, in the absence of a viable system of checks and balances, has been raiding and plundering the
town’s coffers. This was possible because during this period and until now, key members of the family and
their cronies controlled key offices of the local government, including the Sangguniang Bayan.
2.
It is a story of unmitigated greed of government officials in a forgotten town where to date,
they perpetuate a reign of fear and plunder. I want to put a stop to it, for the good of my own townspeople
who had borne in silence the many years of insufferable neglect and indignities. I am also doing this for
myself and my family, because for so long I have allowed myself to be abused and exploited.
3.
I shudder at the thought that what the key characters in this revolting story of big-time
corruption in a small town away from the center is being repeated all over the country in such places where
the powers-that-be lord it over their constituents, who are kept in the grip of fear and ignorance.
1|Page
4.
This account only covers the years 2003 to 2010; more anomalies happened in the
municipality of Lagayan from 1998 to 2002 but for lack of access to records, I could not include these
anomalies in this Consolidated Complaint.
5.
This is a Consolidated Complaint against former Mayor Cecilia Seares Luna for the
plunder of the public coffers of the municipality of Lagayan when she was the local chief executive for the
years 2003 to 2006, or a four-year period, where available records show that at least Php 56,192,920.57in
government funds in her responsibility cannot be accounted for. This amount includes funds intended for
the salary and other benefits of municipal employees, savings from funds allocated for vacant positions and
underpayment of salaries of 32 municipal employees, calamity funds and funds intended for development
projects.
6.
I am certain so much more in public funds have also been squandered under her watch in
the years 1998 to 2002, but for the fact that I do not have records for these.
7.
I charge Jendricks S. Luna, the incumbent president of the Association of Barangay
Captains in Lagayan, for the plunder of the public coffers of the Municipality of Lagayan in the amount of at
least Php77,714,221.67 in public funds he systematically squandered for purposes other than those these
were allocated for during the years 2007 to 2010 when he was the town mayor, including funds intended for
the salary and other benefits of municipal employees, savings from funds allocated for vacant positions
and underpayment of salaries of 32 municipal employees, calamity funds and funds intended for
development projects.
8.
The plunder committed by mother and son take together from the years 2003 to 2010
amounts to total of at least Php 133, 907, 142.24.
9.
The comparative table below shows the various sources of funds that have remained
unaccounted for when Cecilia Seares Luna was mayor of Lagayan town for the years 2003-2006:
SUMMARY OF UNACCOUNTED FUNDS UNDER THE TERM OF
CECILIA SEARES LUNA AS MAYOR OF LAGAYAN TOWN
(2003-2006)
DESCRIPTION
Underpayment of
Salaries1 (Filled)
Savings from Vacant
Positions2
1
2006
808,808.00
2005
No available
record
2004
No available
Record
2003
No available
Record
SUBTOTAL
808,808.00
2,076,752.67
2,076,752.67
2,077,733.76
2,077,733.76
8,308,972.86
This figure was reached by comparing the approved annual budget and the payroll for the year 2006. A detailed
breakdown of the salaries of the relevant municipal hall employees covering the years 2006, 2007, 2008 may be
found in comparative sheets showing the actual payroll as against the approved and fully-funded annual budget
for the said years. The comparative sheets are attached for the payroll allocation as found in the approved annual
budget as ANNEXES A, B and C and as ANNEXES A-1, B-1 and C-1 respectively for actual available payroll records
for January 2006, February 2008, and December 2007. Payroll sheets for January 2006, February 2008, and
December 2007 are attached as ANNEXES D, E and F.
2
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005. These are the vacant positions in the LGU: Municipal Assessor
(vacant from 1998 up to December 2010), Municipal Budget Officer, SB Secretary, Municipal Agricultural Officer
(vacant from 2001 up to January 2011), Social Welfare Officer, Social Welfare Assistant, Municipal Health Officer,
Assistant Municipal Treasurer, Day Care Worker, Security Officer, four (4) Security Guards and Driver (vacant from
2007 to November November 2010).
2|Page
Clothing3
MOOE of Filled Offices4
20% Development Fund5
Calamity Fund6
Local Revenue7
Loan Receipts8
Share from RA 71719
Subsidy from National10
Gov’t.
Grants
IRA Monetization11
105,000.00
955,000.00
3,965,876.60
991,461.15
37,500.00
None
781,749.00
None
105,000.00
645,000.00
3,886,244.60
971561.15
30,459.00
None
816,017.00
None
105,000.00
595,000.00
3,686,244.60
921561.15
33,437.00
None
251,041.21
3,965,000.00
None
None
None
None
None
None
105,000.00
420,000.00
560,000.00
2,755,000.00
3,697,773.60 15,236,139.40
922,443.40
3,807,026.85
16,568.00 19,043,166.25
None
None
1,848,807.21
None
3,965,000.00
None
None
Grand Total 56,192,920.57
10.
Meanwhile, the comparative table below shows the various sources of funds that have
remained unaccounted for when Jendricks Seares Luna was mayor of Lagayan town from 2007 to 2010:
3
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
4
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
5
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
6
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
7
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
8
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
9
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
10
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
11
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES G and H for the approved annual budget for the years 2005 and 2006. While there are no
available copies of the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in
the approved annual budget for the year 2005.
3|Page
SUMMARY OF UNACCOUNTED FUNDS UNDER THE TERM OF JENDRICKS S.
LUNA AS MAYOR OF LAGAYAN TOWN
(2007-2010)
DESCRIPTION
Underpayment of Salaries
(Filled)12
Savings from Vacant
Positions13
Clothing14
MOOE:15
20% Development Fund16
Calamity Fund17
Local Revenue18
Loan Receipts19
Share from RA 717120
Subsidy from National
Gov’t.21
Grants22
IRA Monetization23
2010
2009
2008
1,290,564.00
1,335,804.00
1,208,580.00
971,808.00
2007
SUBTOTAL
4,806,756.00
2,074,584.00
2,074,584.00
1,889,784.00
1,509,240.00
7,548,192.00
420,000.00
25,349,912.52
24,044,696.76
6,098,199.19
408,792.35
4,414,747.10
4,622,925.75
105,000.00
105,000.00
105,000.00
105,000.00
8,429,252.00
6,465,000.00
5,989,348.44
4,466,312.08
6,890,479.20
1,742,619.80
79,822.98
3,414,747.10
4,045,511.75
None
6,577,567.20
1,711,416.80
147,406.21
1,000,000.00
200,000.00
None
5,778,056.16
1,444,514.04
90,781.58
None
188,707.00
None
4,798,594.20
1,199,648.55
90,781.58
None
188,707.00
None
None
None
None
None
None
None
None
None
Grand Total 77,714,221.67
11.
I also file a separate graft and corruption charge against incumbent 82-year old mayor
Purificacion B. Paingan, for grave misconduct, dereliction of duty and gross negligence for allowing
Jendricks S. Luna to take over the helm of the municipality and continue his plunder of the town coffers,
12
This figure was reached by comparing the approved annual budget and the payroll for the year 2006. A detailed
breakdown of the salaries of the relevant municipal hall employees covering the years 2006, 2007, 2008 may be
found in comparative sheets showing the actual payroll as against the approved and fully-funded annual budget
for the said years. The comparative sheets are attached for the payroll allocation as found in the approved annual
budget as ANNEXES A, B and C and as ANNEXES A-1, B-1 and C-1 respectively for actual available payroll records
for January 2006, February 2008, and December 2007. Payroll sheets for January 2006, February 2008, and
December 2007 are attached as ANNEXES D, E and F.
13
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
These are the vacant positions in the LGU: Municipal Assessor (vacant from 1998 up to December 2010),
Municipal Budget Officer, SB Secretary, Municipal Agricultural Officer (vacant from 2001 up to January 2011),
Social Welfare Officer, Social Welfare Assistant, Municipal Health Officer, Assistant Municipal Treasurer, Day Care
Worker, Security Officer, four (4) Security Guards and Driver (vacant from 2007 to November November 2010).
14
he figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
15 15
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
16 16
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
17 17
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
18 18
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
19 19
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
20 20
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
21 21
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
22 22
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
23 23
The figures in this row are taken from the approved annual budget of the covered years 2003 to 2006. See the
attached ANNEXES I, J, K, L for the approved annual budget for the years 2007, 2008, 2009, and 2010 respectively.
4|Page
this time, as a barangay captain who chairs the town’s Association of Barangay Captains (ABC). Mayor
Paingan is a distant cousin of Cecilia Seareas Luna’s mother.
12.
At the very least, Mayor Paingan is guilty of violating Art. 217 of the Revised Penal Code,
which penalizes and defines technical malversation. Under the said provision of law, “[a]ny public officer
who, by reason of the duties of his office, is accountable for public funds or property, shall
appropriate the same or shall take or misappropriate or shall consent, through abandonment or
negligence, shall permit any other person to take such public funds, or property, wholly or partially,
or shall otherwise be guilty of the misappropriation or malversation of such funds or property.”
13.
I also charge Vice Mayor Lara Haya Seares Luna for grave misconduct, dereliction of duty
and gross negligence for her chronic absenteeism from her duties as vice mayor and as presiding officer of
the Sangguniang Bayan. These criminal acts of hers are injurious to the public interest. She should be
prosecuted for violation of the Anti-Graft and Corrupt Practices Act, RA 3019, Sec (3) (e), which penalizes
acts:
(e) Causing any undue injury to any party, inclu bding the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest partiality, evident bad faith or
gross inexcusable negligence. This provision shall apply to officers and employees of
offices or government corporations charged with the grant of licenses or permits or other
concessions.
14. Her acts in question are also punishable by dismissal from service as a violation of RA
6713, the Code of Ethics for Public Officials and Employees, which provides norms of conduct for
workers and officials in the public service, in particular, Sec. (4) of the law, which states that:
SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public
official and employee shall observe the following as standards of personal conduct in
the discharge and execution of official duties:
(a) Commitment to public interest. — Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.
(b) Professionalism. — Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence
and skill. They shall enter public service with utmost devotion and dedication to
duty. They shall endeavor to discourage wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
(c) Justness and sincerity. — Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not
discriminate against anyone, especially the poor and the underprivileged. They
shall at all times respect the rights of others, and shall refrain from doing acts
contrary to law, good morals, good customs, public policy, public order, public
safety and public interest. They shall not dispense or extend undue favors on
account of their office to their relatives whether by consanguinity or affinity except
with respect to appointments of such relatives to positions considered strictly
confidential or as members of their personal staff whose terms are coterminous
with theirs.
15.
The plundering ways of Cecilia Seares Luna and Jendricks Seares Luna could not have
been made possible without the willing and active cooperation of the following persons, namely: Municipal
5|Page
Treasurer Marissa G. Donato, Municipal Accountant Meno C. Dickenson and Municipal Engineer Osborne
P. Dolaoen. It is for this reason that I also included them as their conspirators in the plunder of public funds
in the town of Lagayan.
16.
The municipal engineer is a willing participant in the plunder; he prepares the annual
program of work for public works projects – repeated concreting of public works and nothing more –
identified in the bogus annual budget, which program is never implemented as the works identified are
actually ghost projects.
17.
The municipal accountant is equally guilty because he certifies the availability of funds for
ghost projects, ghost payrolls, among other things, and allows the disbursement of funds for these
nonexistent items of expenditure.
18.
The municipal treasurer is likewise liable for plunder because she is the one who disburses
the money for these highly anomalous transactions.
19.
The raid of the Lagayan town’s coffers over the years could only be systematic and without
compunction. Over the period in question, Respondents perpetuated a grossly intentional failure to properly
document projects, disbursements, loans, expenditures on various going concerns. Consider what the COA
said in its audit for the year 2007:
“Expenses….charged against various accounts for repairs and maintenance and other
operating expenses were excessive and doubtful due to the absence of sufficient budget to
over the expenditures and lack of documents necessary to establish the validity and
legality of transactions….
Inventories comprising of office supplies, medicines and drugs, fuel, oil and lubricants and
accountable forms were doubtful due to the absence of subsidiary ledgers on accounts….
Cash advances granted to the Disbursing Officer/Municipal Treasurer and other officials
were not liquated at the end of the year contrary to COA Circular No. 97-002 dated
February 10, 1997 resulting [in] an overstatement of assets and understatement of
expenses….”24
20.
This is echoed in the significant audit findings of the COA in 2008:
“1. Existence of fixed Assets with a total value of P17, 120,854.18 could not be ascertained
due to the failure of the agency to submit Annual Investory Report as required under
NGAS Volume I, Section 124…
2. Paid disbursement vouchers amounting to P8,729,854.50 were not completey
documented in violation of Section 4(6) of Presidential Decree No. 1445, section 344 of the
Local Government Code of 191 (RA 7160), thus casting doubt on the propriety of accounts
use, and the validity of the transactions.
3. Due from Officers and Employees remained unliquidated as of December 31, 2008 [in]
violation of Section 339, RA 7160 and Section 4 and 5 of COA Circular No. 97-002 dated
February 10, 1997, thus [understating] and overstating assets….
24
Infra, Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year
Ended December 31, 2007, at 2, ANNEX M.
6|Page
4. Projects accomplished were not inspected due to the non-submission of Program of
Work/Contract/Purchase Orders resulting [in] non-evaluation of the Municipality’s
performance in implementing its programs….”25
21.
The COA’s significant findings from its audit for the year 2009 is no different:
“1. No Physical Inventory count conducted on Property and Equipment - P4.7 million…
2. Procurement of supplies and materials and equipment rental was not done through
public bidding or any of the alternative modes of procurement in violation of RA 9184…
3. Dixbursements under the General Fund lacked documentation P7.8 million…
4. The Municipality failed to comply with the requirement of Revenue Regularions No. 142002 on the withholding taxes on government payments and remitting the same within the
required period….
5. Non-Preparation of Annual Procurement Program….
6. Overstatement of Property Plant and Equipment – P.902 million
7. Long-standing receivables of doubtful validty and collectability – P1.19 million…
….
10. Allotment under 20% Development Fund of P6,577,567.20 was not efficiently and
effectively utilized, as a result, the following programs were not implemented: purchase of
Office Equipment – P100,000; Staff Development Program – P160,000.00 and payment of
Loans MDG Fund amortization P66,000.000…”26
22.
The acts of Respondents Cecilia Seares Luna and her son, Jendricks Seares Luna and
the other Respondents amount to violations of Republic Act No. 7080, otherwise known as the Anti-Plunder
Act, specifically Section 2, of the law, which defines and penalizes the crime of plunder as committed by :
Any public officer who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt or
criminal acts as described in Section 1 (d) hereof, in the aggregate amount or total value
of at least fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and
shall be punished by reclusion perpetua to death. Any person who participated with the
said public officer in the commission of an offense contributing to the crime of plunder
shall likewise be punished for such offense. In the imposition of penalties, the degree of
participation and the attendance of mitigating and extenuating circumstances as provided
by the Revised Penal Code shall be considered by the court. The court shall declare any
25
Infra, Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year
Ended December 31, 2008, at 4, ANNEX N.
26
Infra, Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year
Ended December 31, 2009, at 2-3, ANNEX O. The 2010 COA audit report on the municipality of Lagayan is not yet
available from the website of the Commission but I am sure its findings will be no different from its findings of the
previous years. Meanwhile, COA Audit reports for the years before 2007 all say the same thing although these are
no longer available on the website of the Commission and I do not have copies of these reports covering the stated
years. This Honorable Office can readily issue a subpoena to the Commission for all these pertinent records.
7|Page
and all ill-gotten wealth and their interests and other incomes and assets including the
properties and shares of stocks derived from the deposit or investment thereof forfeited in
favor of the State (underscoring supplied).
23.
Respondents in question accumulated vast amounts of ill-gotten wealth through any or a
combination of any of the following means, as outlined in Section 1(d) of the Anti-Plunder law:
d) Ill-gotten wealth means any asset, property, business enterprise or material possession
of any person within the purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates and/or business associates
by any combination or series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids
on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or
any other form of pecuniary benefit from any person and/or entity in connection with any
government contract or project or by reason of the office or position of the public officer
concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or government-owned
or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or
any other form of interest or participation including promise of future employment in any
business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations
and/or implementation of decrees and orders intended to benefit particular persons or
special interests; or
6) By taking undue advantage of official position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at the expense and to the damage and
prejudice of the Filipino people and the Republic of the Philippines.
24.
Further, Respondents are guilty of violating Section 3(e) of the Anti-Graft and Corrupt
Practices Act, Republic Act 3019, which states that:
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
….
(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
25.
At the very least, Respondents are guilty of violating Art. 217 of the Revised Penal Code,
which penalizes and defines technical malversation. Under the said provision of law, “[a]ny public officer
who, by reason of the duties of his office, is accountable for public funds or property, shall
appropriate the same or shall take or misappropriate or shall consent, through abandonment or
negligence, shall permit any other person to take such public funds, or property, wholly or partially,
or shall otherwise be guilty of the misappropriation or malversation of such funds or property.”
26.
Respondents who are in public office are also punishable by dismissal from service for
violation of RA 6713, the Code of Ethics for Public Officials and Employees, which provides norms of
conduct for workers and officials in the public service, in particular, Sec. (4) of the law, which states that:
8|Page
SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public
official and employee shall observe the following as standards of personal conduct in
the discharge and execution of official duties:
(d) Commitment to public interest. — Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.
(e) Professionalism. — Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence
and skill. They shall enter public service with utmost devotion and dedication to
duty. They shall endeavor to discourage wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
(f) Justness and sincerity. — Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not
discriminate against anyone, especially the poor and the underprivileged. They
shall at all times respect the rights of others, and shall refrain from doing acts
contrary to law, good morals, good customs, public policy, public order, public
safety and public interest. They shall not dispense or extend undue favors on
account of their office to their relatives whether by consanguinity or affinity except
with respect to appointments of such relatives to positions considered strictly
confidential or as members of their personal staff whose terms are coterminous
with theirs.
When my work as Lagayan’s MPDO began
27.
I started working as Lagayan’s Municipal Planning and Development Officer in August 3,
1998 under then Mayor Cecilia Seares Luna. My parents, who were her political supporters, lobbied hard
so I could land the job. Not that I had little faith in my own qualifications: I am a college graduate, with a
degree in Business Administration which I earned in 1988 from the Divine Word College in Bangued, Abra.
28.
Officially, the following were my responsibilities as MPDC:
1.
Formulate integrated economic, social physical, and other development
plans and policies for consideration of the local government development council;
2.
Conduct continuing studies, researches and training programs necessary
to evolve plans and programs for implementation;
3.
Integrate and coordinate all sectoral plans and studies undertaken by the
different functional groups or agencies;
4.
Monitor and evaluate the implementation of the different development
programs, projects and activities in the local government in accordance with the
approved development plan;
5.
Prepare comprehensive plans and other development planning
documents for the consideration of the local development council.
6.
Analyze the income and expenditure patterns, and formulate and
recommend fiscal plans and policies for consideration of the finance committee of
the local government unit;
7.
Promote people participation in development planning within the local
government unit;
8.
Exercise supervision and control over the secretariat of the local
development council.
9|Page
29.
I have to say I instantly took a liking for my work. I was entrusted with all the paper work –
from letters to project proposals, to annual reports of the accomplishments of the town to whatnot. For the
first time in my life I felt important and valued for what I do. I am not one to whine or complain, even if the
work given to me entails the preparation of voluminous documents, for as long as I see that the work that I
do is valued.
30.
A few months later, on October 24, 1998, my political patrons appointed me to serve
concurrently as Secretary to the Sangguniang Bayan. Cecilia Luna designated me in this position because
according to her, their family trusts me. At that time, the vice mayor did not belong to their party as were a
majority of the members of the Sangguniang Bayan. She said I will be their eyes and ears at the
Sangguniang Bayan so they would know if the vice mayor is planning anything against them.
31.
However, as SB Secretary I should have earned an additional Representation Allowance
of P3,860.00 a month for the position I hold and represent according to RA 7160, or the Local Government
Code of 1991, but the fund intended for me went to the pockets of the mayor.
32.
small town.
Little did I know that my job would expose me to the intricacies of big-time corruption in a
33.
It started with a labor payroll that I was asked to do on my first month on the job. What I
found suprising about this particular payroll for 15 persons is that it did not correspond to any existing
project; in short, it was a ghost payroll. I was instructed to provide residence certificate numbers and the
names of residents and to sign for them–without their knowledge, that is. I did not know how much money
was involved in the ghost payroll as it was the municipal treasurer who was in charge of putting a price to
the ghost project for which it was made.
34.
government).
The first time I was asked to do it, I thought “ganito pala sa gobyerno” (so this is how it is in
35.
When I asked the municipal treasurer, Mrs. Donato, about this ghost project one night, I
was told to shut up. By October of my first year as a municipal government employee under the Lunas, the
job of doing the labor payroll was taken from me.
THE INSUFFERABLE INDIGNITIES OF WORKING FOR THE LUNAS
36.
I and my family have simple wants and needs. And extravagance is not one of them. I am
most happy when I am paid as I should be; I hate it when even the pittance I am entitled to as a
government employee is denied from me and my colleagues.
37.
Lagayan.
That, at least, was the thought I comforted myself with as I soldiered on for the Lunas of
38.
And so for the most part, I kept my peace, and did the work I was asked to do. But when
mayor Cecila began dipping her hands into the salaries and the benefits of the employees, my world began
to change as well. My colleagues started complaining to me, the newhire, and begging me to tell the mayor
to give to us what all were entitled to receive under the law.
39.
I begged them to spare me because I did not want to strain my relations with the mayor.
Besides, I also felt it was futile to complain; mayor Cecilia would always tell me: “wait until you become
mayors too! Gawin niyo rin kung anong gusto niyo kapag kayo na ang mayor!”
40.
But things went from bad to worse. Before long, all that the employees were receiving was
their salaries. All the other benefits they were entitled to presumably went to the pockets of the mayor.
41.
Even our Government Service Insurance System (GSIS) remittances were not spared,
such that we were incurring penalties and surchanges. There were also years when we incurred gaps in
10 | P a g e
the payment of our premiums. There are also years where we incurred gaps in payment of our premiums,
when we were not spared from any deductions by the treasurer.
42.
It must be stressed that the mayor required me to report not to the municipal hall but to
their residence in Dangdangla. So I seldom went to my office at the Lagayan town hall. But when I did show
up there, the employees would come to me and express their sentiments about the entitlements being
denied them by the Lunas who control the municipal government in Lagayan.
43.
I remember one of them telling me, “sana ibigay nalang ang mga benefits natin total di
naman natin pinakikialaman ang ibang pondo ng munisipyo.”
44.
I would just tell my colleagues to work for it. I tell them that there is no use complaining to
me because I myself do not have the power to solve their problems. It was futile to talk to Mayor Cecilia
because she would not listen, anyway. In fact, whenever I raised this matter to her, she would dismiss me
with the words: “wait until you become mayors too! Gawin niyo rin kung anong gusto niyo kapag kayo na
ang mayor.”
45.
When Jun Lozada came out in public about the immoderate greed in the Arroyo
administration, I thought, I wish we have someone like him in Lagayan. I cannot understand why some
people, who already have so much, could still deny the little that many others are entitled to.
46.
The Lunas have the run of everything in Lagayan. They have already amassed so much
money from the public coffers, without any sense of accountability for it. And despite that, they still can’t
keep their hands off the pittance that small people like me depend on.
47.
As I counted years in my job, I began to realize I cannot keep on hearing no evil and
seeing no evil. I pitied myself and my fellow employees who had been taking it in the chin all these years
from the Lunas.
48.
I very well remember the date: on March 23, 2007, we heard of news that Mayor Cecilia
has decided to give to us the clothing allowance we were all entitled to. Everyone excitedly reported for
work. The treasurer informed us that our allowances would be given in the afternoon.
49.
But in the afternoon, the treasurer came to the office to relay to us the bad news that
Mayor Cecilia had called her not to release the allowances to us. “Usaren na pay kano (she needs to use
the money),” she told us.
50.
That really irked everyone at the municipal hall. The employees thought that the treasurer
could simply have told the mayor that the money had already been released to them, yet she didn’t and to
them, this was further proof that Mrs. Donato was part of the web of corruption spun by the Lunas in
Lagayan.
51.
The treasurer could only say we should not lose hope because Jendricks promised that
when he becomes mayor, he will give us all the benefits due us. And so we hoped it would be so. After all,
it was just a few months before the elections.
52.
On July 1, 2007, Jendricks assumed office as the new mayor!
53.
The very next day, July 2, 2007, he called a meeting with municipal employees.
54.
He sounded earnest. He asked about our concerns. We raised in unison the question of
our salaries and benefits that had been denied us. Many were filled with elation by his response: “Oo sige
your salaries will be increased with P1,000.00 for the department heads and P500.00 para sa mga rank
and file.”
11 | P a g e
55.
At this, there was loud applause. But I and the others who knew what the actual budget
was for employee remuneration weren’t exactly happy. We knew that his promised salary raise was below
the level that others working in other municipalities of the same class as Lagayan’s were receiving.
56.
I raised my hand to speak. “Mayor baka pwede yong nasa approved budget nalang ang
ibigay mong sweldo namin,” I said.
57.
He kindly answered me with these words: “Sa December ko nalang ibibigay babawi muna
ako kasi daming gastos sa election.” Yes, those were his exact words.
58.
But it was enough to make the employees happy. They also thanked me for my having
taken the effort to speak out.
59.
But on July 30, 2007, pay day, everything promised at the meeting was forgotten, or to be
precise about it, reversed: it was now P500 for heads and P1,000 for rank-and-file workers. That, the
treasurer said, was the new mayor’s orders.
60.
There were loud groans from everyone at the meeting. Well, the treasurer let Mayor
Jendricks know about it.
61.
Mayor Jendricks called a meeting immediately. There he showed his true colors.
62.
“Nagrereklamo daw kayo sa increase niyo, kung ayaw niyo sa patakaran ko malawak ang
pintuan na lalabasan niyo, kung hindi niyo gusto ang pamamalakad ko malaya kayong mag-resign,” he
said. “Magpasalamat nga kayo may increase kayo ngayon, noong panahon ni Mama (Cecilia Luna) ni wala
nga kayo kahit anong benefits.”
63.
64.
survival:
And so in such a short time, we discovered that he is no different from his mother.
And there is no limit it seems, to the indignities people are willing to suffer in the name of
65.
On June 25, 2010, the municipal treasurer, Mrs. Donato, informed the employees that she
bought yellow T-shirts – the color of “Daang Matuwid”, I supposed –to be used during a presentation at the
inauguration and turnover ceremonies of newly elected officials. “It’s salary deduction,” she said.
66.
But the employees would have none of it. They protested to me as soon as I entered our
office three days later.
67.
They harangued me. I should have told the treasurer how unfair this was, they said to me.
When I told them they themselves should complain to the treasurer, they retorted that Mrs. Donato might
take it against them.
68.
So I relayed their concerns to the treasurer. I told her that since the mayor has not been
giving us employees our clothing allowance for the last nine years, she should charge the T-shirts against
our undistributed clothing allowance. “Anway, it’s such a small amount”, I reasoned.
69.
She was incensed. “Kontrabida ka nga talaga!”
70.
I pleaded with her to take pity on the employees for whom the P300 that will be deducted
from their salaries is no trifling sum. But that’s the mayor’s order, according to her.
71.
I told her: “Manang idepensa mo naman na nandoon naman sa approved budget ang
clothing allowance, total ini-liliquidate mo naman kahit hindi niyo binibigay.”
12 | P a g e
72.
She warned me to be careful with my words because if the mayor heard what I just told
her, I would surely be in hot water.
73.
The next day, June 29, 2010, word reached us that there would be no salary deduction for
the yellow T-shirts. One employee thanked me for it.
74.
But this was just one of the many indignities employees had to contend with. Christmas
celebrations, the birthday parties for the mayor, you name it; the treasurer would deduct P500 from heads
of offices and P1,000 from members of the Sangguniang Bayan, to pay for the extravagance of the lords of
Lagayan.
75.
Just recently, last March 28, 2011, the treasurer announced to us women employees that
she has to make salary deductions yet again, this time for pink kimonos she had purchased for a program
on the eve of Cecilia Luna’s birthday celebration. Her birthday actually fell on March 31 but the
celebrations began on the night of March 30 so that at exactly midnight of March 31, people would start
lining up to greet the mayor with a birthday kiss. ( Since I started working for the Lunas, I never joined the
line of Cecilia Luna’s well-wishers).
76.
mayor now.
Mrs. Donato said it was Jendrick’s idea, a gift for his mother. To think that he is no longer
77.
Immediately I protested, and said the kimonos should be charged against our yet
unrealized clothing allowances that had been withheld from us for the last nine years or so.
78.
An annoyed Mrs. Donato said to me: “Palagi ka nalang kumukontra sa iniuutos ng taas,
bakit kaya hindi ka pumunta sa kanila at doon ka magreklamo. Hindi ako nagrereklamo manang, takot
naman akong magreklamo, sinasabi ko lang naman ang concern namin mga empleyado pero kayo naman
palagi ang nasusunod.”
79.
Apparently, Jendricks reconsidered his earlier decision, because she released our salaries
without further deductions.
80.
On March 29, 2011. The 2011 annual budget has just been approved. I gave the approval
letter to the treasurer. “Manang approved na ang budget natin sana ibigay na ang approved salaries natin.
Pandagdag sa pambayad ng utang, dami naming utang lalo na college na mga anak ko.” But Mrs. Donato,
the treasurer, answered: “Sasabihin natin kay director” (this is how they addressed to Jendricks, on account
of his being a board member as well of the Abra Electric Cooperative).
81.
I persisted: “Manang sana implement niyo na rin ang full salary standardization law”, Mrs.
Donato just said: “Sasabihin nga natin kay director sakali pumayag siya.”
82.
I pleaded some more: “Convince mo siya manang ha?”
83.
I got the feeling my pleas would all fall on deaf ears.
84.
I am a mother to two college students. Sometimes I would find myself with nothing to pay
for my children’s tuition because the municipal treasurer has just told me that there is yet no money to pay
for our salaries.
85.
I would think to myself how can Mrs. Donato say that, when I know that she has just
withdrawn money from Lagayan’s Internal Revenue Allotment (IRA) funds?
86.
Sometimes, I am forced to make cash advances just to make ends meet. It was always a
wonder to me that the treasurer would not release our salaries on time but would allow us to make cash
advances from her. She would say Jendricks would first need to spend the money on his cars, or on
various personal projects with SGL Construction Supply, or with BA Builders, two hardware stores in Abra
13 | P a g e
whose owners are family friends of the Lunas. By the time she finally releases the salaries for us municipal
employees, I will have nothing left on my payslip because of these cash advances.
87.
I always mention the treasurer and the mayor because it’s the two of them who talk about
how to make use of the funds of the municipality and how to run it and its Sangguniang Bayan. Whatever
Mrs. Donato says, Jendricks agrees with it and vice versa.
88.
One time I asked Mrs. Donato to buy for my office a desktop computer because for the
most part, I had been forced to do office work at home using my own resources as my office does not have
any computer.
89.
She answered me: “awan pundo pagtaktakawak ngatan?” (walang pundo saan kaya ako
magnanakaw?). I told her I couldn’t understand why she could say that when it is supposedly covered by
the annual budget, the purchase of office equipment and supplies.
90.
Her response to me was patronizing: “ nasirib ka man unayin, ape dika ibaga e bosing,
aggayyem kayo met! (“masyado ka na namang matalino, bakit di mo sabihin kay bossing friend naman
kayo!” )
91.
For all the money that Lagayan was supposed to get from its IRA, the mayor could not
and would not release funds to pay for office supplies and equipment, despite the appropriations in the
annual budget for these items. Employees had to buy their own chairs for use in their offices, as well as
their own paper for printed office work.
92.
I would notice vouchers readied by the accountant for purchases of office furniture and
supplies. But none of our offices would ever receive deliveries of furniture and office supplies.
93.
I would ask the municipal accountant, Meno C. Dickenson, about it and all he could tell me
is: “isu met order ni [Mrs. Donato] (yan naman ang utos ni ate).”
94.
I would confront him and tell him that he should perform his duties and responsibilities and
fight for what is right. His answer to me: “No talk no mistake, ading!”
95.
One of the things that really got my goat is their steadfast refusal to implement the
Department fo Budget and Management (DBM)’s Memorandum on the full implementation of the Salary
Standardization Law.
96.
One time, in the last week of March 2011, all employees sought out the treasurer, Mrs.
Donato, to press her on this point, after having gotten wind of a recent withdrawal she had made from
Lagayan’s IRA. This is how the conversation took place:
Employees: “Ate, baka puede na nating isakatuparan ang salary standardization law.”
Treasurer: “kaya nga pumunta kayo kay direk at hingin ninyo ang salary increase.”
Municipal Assessor: “Bakit kailangan pa natin pumunta kay direk, meron naman tayong
enough na pondo para diyan?”
Treasurer: “Mahirap na, wala namang order si director sa akin, kung ano lang ang sabihin
ni director yon lang ang gagawin ko!”
Me: “Basta ako kakausapin ko si mayor doon sa Palan-ag (the sitio where the new mayor
resides).
97.
14 | P a g e
We all went to Mayor Paingan’s residence to talk to her about the issue.
98.
The old woman’s response: “wala akong alam diyan, sumusunod lang naman ako sa
sasabihin ni director; kasalanan niyo yan bakit kasi ibinoto niyo ako e wala naman akong alam! Si director
ang kausapin niyo!”
99.
Mayor Paingan should be removed from her office for gross negligence and graft and
corruption. She should be prosecuted for violation of the Anti-Graft and Corrupt Practices Act, RA 3019,
Sec (3) (e), which penalizes acts:
(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions
100. Her gross negligence and graft and corruption is also punishable by dismissal from
service as a violation of RA 6713, the Code of Ethics for Public Officials and Employees, which provides
norms of conduct for workers and officials in the public service, in particular, Sec. (3)(e) of the law, which
pertains to acts:
SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public
official and employee shall observe the following as standards of personal conduct in
the discharge and execution of official duties:
(g) Commitment to public interest. — Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.
(h) Professionalism. — Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence
and skill. They shall enter public service with utmost devotion and dedication to
duty. They shall endeavor to discourage wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
(c) Justness and sincerity. — Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the underprivileged. They shall at all times
respect the rights of others, and shall refrain from doing acts contrary to law, good
morals, good customs, public policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to appointments of
such relatives to positions considered strictly confidential or as members of their
personal staff whose terms are coterminous with theirs.
101. How I wished and prayed that a time will come when the injustices and indignities we
suffer on a daily basis under greedy and corrupt leaders will finally be exposed and come to an end. How I
envied our counterparts from nearby municipalities who would tell us of the salaries and benefits paid to
them by their municipalities in accordance with law.
102.
Thus I would ask myself: for how long do I have to put up with this?
THE WHIMSICALITY OF LAGAYAN POLITICS
103. The 2010 elections came. We now have a new mayor – an 82 or 78-year old woman,
depending on who’s saying what her age is. Here’s how it happened.
15 | P a g e
104. Cecilia Luna was now running for re-election to the House of Representatives. Jendricks
was also up for re-election as mayor. His brother Cromwell, a resident of Bangued, Abra and a registered
voter there, decided to transfer residency in Tineg so he could run for mayor there. Transferring of voter’s
records for them is very easy as even local authorities in Abra are afraid of them because they are in
power. Meanwhile in Bangued his brother Ryan was candidate for mayor too and in the town of Villaviciosa,
Leonidas Seareas, Jr., Cecilia’s brother, was candidate for vice mayor.
105. Cromwell’s and his brother Ryan’s candidacies did not sit well with the other political
leaders in Abra. There was an agreement between the Lunas and the Valeras through Governor Bersamin
that their respective families and allies will not be fighting over the same positions. The Lunas broke the
agreement.
106. To deflect public criticism, Jendricks played the martyr’s card. He withdrew his certificate
of candidacy so that, according to him, people in Abra will not take him for a power-hungry politician. He
called a press conference, where he tearfully announced his decision to sacrifice his own career in favor of
someone else – his maternal aunt Purificacion Paingan.
107. We were told to prepare the candidacy of Mrs. Paingan. But it turned out Jendricks had a
bigger plan: he was actually gunning for the gubernatorial post. He didn’t know that under pertinent
electoral laws, he can’t pull out his certificate of candidacy for one post and then file another certificate for
another post at the last minute. It was too late when he realized it. He was very disappointed.
108. Just after the May 2010 elections while I was at their residence, Cecilia Luna told told me:
“ Berna nangipatugaw kami ti mayor diay Lagayan ngem ni Jen to met laeng ti boss yo, isun to met laeng ti
agdesisyon para iti municipyo. Awan ti ammo dagiti sasanggunian maipanggep ti budget ket no adda
rumuar maipanggep ti punpundo ti munisipyo awan sabali taltalen ni Jen no haan nga sika, makaammo
ka!” (Berna, we fielded another person to sit as mayor of Lagayan but it will still be Jen who is your boss, it
will still be he who will decide for Lagayan. The Sangguniang Bayan knows nothing about the budget and if
anyone of them knows about the other funds of the town, no one else will answer to Jen because of it
except you.)
THE LAGAYAN SANGGUNIANG BAYAN: A LUNA FAMILY AFFAIR
109. I wondered how Jendricks would do it, considering that he was no longer in public office.
The solution they found is for him to run for the post of barangay captain during the October 27, 2010
barangay elections. He ran unopposed and assumed office on December 1, 2010. As he is now president
of the ABC, he also sits in the Sangguniang Bayan as an ex-oficio member. A brilliant stroke of a political
comeback, I should say, because now, he is also assured of control of the Sangguniang Bayan as its comember.
110. Since July 1, 2010 until I left Lagayan, the Sangguniang Bayan has only had four sessions.
I should know this because I also served in a concurrent capacity as its unpaid secretary. In any case
members of the Sangguniang Bayan are at the Lunas’ beck and call.
111. Jendrick’s sister, Lara Haya Jamila Seares Luna, is the town vice mayor. She is supposed
to preside over the Sangguniang Bayan sessions. I would request Jendricks to inform his sister about her
responsibilities. His sister Lara is a nursing student in Manila and for that reason, is away from Lagayan for
most of the time.
112. Jendricks response to me was: “Huwag ka ng magpasession, gawin mo nalang ang
resolution at ipapirma sa bahay-bahay ng mga Sangguniang Bayan members, kapag meron magreklamo
sabihin mo sa akin, hayaan mo na rin si Haya ipirma mo nalang siya.”
16 | P a g e
113. I tried another tack, this time asking their mother, the defeated re-electinoisnt
congressional candidate, Cecilia, about the vice mayor’s attendance in the sessions.
114. Her response wasn’t any more re-assuring “Bakit mo pa oobligahin na magpasession si
Haya, nag-aaral siya! Hindi ka naman siguro bobo para pauwiin mo pa ang anak ko na nasa malayo.
Napaka-unreasonable mo naman, yan ang sinasabi ko noon pa na darating ang araw na kumokontra ka
na!”
115. I protested: “Request lang ma’am kung hindi pwede okey na, kasi ako na nga ang SB
Secretary ako pa ang pumipirma para sa vice mayor.”
116. Cecilia would have none of it. Lara is on her 4th year as a nursing student in a school in
Manila; he studied at the Pines City School of Nursing in Baguio City from her freshman to junior year.
117. Her chronic absenteeism from her duties as vice mayor and as presiding officer of the
Sangguniang Bayan should not be countenanced. It constitutes gross negligence injurious to the public
interest. She should be prosecuted for violation of the Anti-Graft and Corrupt Practices Act, RA 3019, Sec
(3) (e), which penalizes acts:
(e) Causing any undue injury to any party, inclu bding the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest partiality, evident bad faith or
gross inexcusable negligence. This provision shall apply to officers and employees of
offices or government corporations charged with the grant of licenses or permits or other
concessions.
118.
Her graft and corruption and gross negligence are also punishable by dismissal
from service as a violation of RA 6713, the Code of Ethics for Public Officials and Employees, which
provides norms of conduct for workers and officials in the public service, in particular, Sec. (4) of the
law, which states that:
SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public
official and employee shall observe the following as standards of personal conduct in
the discharge and execution of official duties:
(i) Commitment to public interest. — Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.
(j) Professionalism. — Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence
and skill. They shall enter public service with utmost devotion and dedication to
duty. They shall endeavor to discourage wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
(c) Justness and sincerity. — Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the underprivileged. They shall at all times
respect the rights of others, and shall refrain from doing acts contrary to law, good
morals, good customs, public policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to appointments of
such relatives to positions considered strictly confidential or as members of their
personal staff whose terms are coterminous with theirs.
17 | P a g e
119.
So on the instructions of the Lunas, I presided over the Sangguniang Bayan
sessions. I never saw Haya, the vice mayor, in either the Sangguniang Bayan or her office at the
municipal hall. She was busy studying to be a nurse.
120.
They asked me to do many things for them but I started refusing their orders: they
wanted me to prepare resolutions authorizing the mayor to use the savings from vacant positions for
development projects, I did not comply;
121.
They also asked me to prepare resolutions for re-alignment of the approved
Annual Investment Plan, I did not comply!
122.
It is perhaps because of this that they started simply by-passing me.
123.
In January this year, Jendricks obtained a P25-million loan from Land Bank for a
water system project in Lagayan. There was no public bidding as required by law. It was the municipal
engineer Osborne P. Dolaoen who drafted all the documents, and who also had members of the
Sangguniang Bayan as well as mayor Paingan sign the documents.
124.
In fact, from 1998, when Cecilia Seares Luna became mayor of Lagayan until
today, 2011, when Purificacion B. Paingan is mayor, the Sangguaniang Bayan of the town has
never issued a Resolution approving the implementation of development projects outlined in
the Annual Investment Plan of the municipality, as required by Republic Act 7160, or the Local
Government Code of 1991.
125.
Under Jendricks’s term as mayor from 2007-2010, the money allocated for
development projects amounted to a total of Php 24,044,696.76. As for his mother’s term as
mayor, I could only make computations based on available records of the years 2003 to 2006,
where the total allocation for development projects amounted to Php 15,236,139.40.
126.
Thus, from 2003 to 2010 – or a period of seven years – money earmarked for
development projects amounted to a total of Php 39,280,836.16. It is a huge amount of money
that the Lunas have not properly accounted for. In fact, the amount could be bigger, if the
unaccounted for years of 1998 to 2002 are also considered.
127.
Moreover, under the law, RA 9184, the Government Procurement Reform
Act, these projects should have been awarded for implementation public bidding. No such
public bidding has been made, at least from 2003 until today for these development projects.
128. The Executive Summary of the 2007 report of the audit made by the COA states
that: “The Municipality failed to comply with the provisions of Section IV and V of the Implementing
Rules and Regulations of RA 9184 [or] the Government Procurement Reform Act on competitive
bidding.”27
129.
The 2008 report of the audit made by the COA, in particular the section on
the Status of Implementation of Prior Year’s Recommendations, states that: “The Municipality
failed to comply with the provisions of Sections 4 & 5 of the Implementing Rules and
Regulations of RA 9184 or the Government Procurement Reform Act. [This] did not provide the
assurance that procurement of goods and infrastructure projects were obtained at prices and
terms most advantageous to the municipality…”28
27
Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year Ended
December 31, 2007, at 3, ANNEX M.
28
Status of Implementation of Prior Year’s Recommendations, Annual Audit Report on the Municipality of Lagayan,
Province of Abra, for the year Ended December 31, 2008, at 16, ANNEX N.
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130. The Executive Summary of the 2009 report of the audit made by the COA says the
same thing: “Procurement of supplies and materials and equipment rental was not done through
public bidding or any of the authorized alternative modes of procurement in violation of RA 9164.”29
131. The 2010 COA audit report on the municipality of Lagayan is not yet available from
the website of the Commission but I am sure its findings will be no different from its findings of the
previous years. Meanwhile, COA Audit reports for the years before 2007 all say the same thing
although these are no longer available on the website of the Commission and I do not have copies
of these reports covering the stated years. This Honorable Office can readily issue a subpoena to
the Commission for all these pertinent records.
132.
It had been this way all this time because the Lunas always wanted to have
things done in Lagayan their way. I should know, because, all this time, I had been serving in a
concurrent capacity as Secretary to the Sangguniang Bayan.
133.
In truth, none of the members of the Sangguniang Bayan would want to speak out
against the Lunas for their abuse of power; every other member of the Sangguniang Bayan is beholden
to the Lunas, who had assured their victory in the elections by making sure that they ran unopposed in
the last elections.
HOW PUBLIC FUNDS ARE CONTROLLED BY THE LUNAS
134. Everytime Jendricks would do a project I would remind him and the treasurer that such a
project always required legislative approval, since his proposed project was not part of Lagayan’s Annual
Investment Plan (AIP) as well as its Medium Development Plan. Too, I would remind them that any project
whose cost exceeds P50,000.00 requires a public bidding, pursuant to the new Government Procurement
Act, RA 9184. I know this to be a fact as vice chair of the Municipal Bids and Awards Committee (BAC).
135. But he would have none of it; he’d insist on something that would allow him to immediately
cash out on the project.
136. In regard to unprogrammed projects, Jendricks would just tell me “apay haan mo
mairemedyo? Isingit mo a dita inaramid mo nga plano! So ngarud nga sika ti adda dita nga pwesto ta
ammom ti ar-aramidem.” (Why can’t you remedy that problem? You can insert that item in the plan you
drafted! You were appointed to your position for that purpose).
137. The treasurer would then segue: “Isu kayat na bay-amon a, maungtan ka manin no
kontraem”(if that’s what he wants, let him be, or you’ll just catch his ire).
138. So I would just nod and say “yes mayor” but would not revise the investment plan to
accommodate the mayor’s wishes. To my mind, I thought it is not my responsibility to justify the projects to
the Commission on Audit (COA).
139. I also knew that the Annual Budget should also carry an Annual Procurement Plan, but the
Lunas’ orders notwithstanding,I was unable to do this,simply because they did not provide me with any
guidelines for executing it.
140. There had been opportunities to acquire the knowledge and skill required to draft an
Annual Procurement Plan at conferences organized by various agencies of the national government
for the purpose but neither I nor the municipal engineer were not allowed to attend these
conferencies. In the annual budget which I had prepared, money has been allocated for it for the
29
Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year Ended
December 31, 2009, at 2, ANNEX O.
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most part under the item “training and seminar expenses” for each of 13 departments of the
municipality of the town of Lagayan.
141.
For instance, the allocation for training and seminar expenses for my office for
2010 is Php 60,000; for 2009, Php 60,000; for P2008, Php 30,000; for 2007; Php 30,000.00; for 2006,
Php 20,000. For the annual budgets of 2004 and 2005, there were no allocations for trainings and
seminars.30
142. The Lunas however would not allow us to attend any of these conferences on the
preparation of the Annual Procurement Plan. I could not only hazard a guess that the reason for
this prohibition has something to do with the fact that it is the Commission on Audit (COA) that
conducts this training in partnership with the Department of Budget and Management and the
Department of Finance.
143. The treasurer would just tell us “magtanong ka na lang sa mga kasama mong
MPDC”, which I did not do, out of embarrassment, because, on top of the fact that we were not
allowed to attend the necessary training conferences, the mayor, Jendricks S. Luna, would brag
that Lagayan has plenty of funds, not to mention that his mother was also a member of the House
of Representatives, with access to a substantial pork barrel.
144.
Budget preparation time was always a big headache for me.
145. What else can one do when all that Lagayan can show from 1998 to 2008 in its annual
investment plan are repeat projects for rehabilitation, reopening or concreting of roads? And it was a bigger
headache for me to write our annual accomplishment report. All I could do was write down that the ghosts
projects had been completed.
146. The Executive Summary of the 2007 report of the audit made by the COA states of
six major accomplishments reported by the municipal government – all of which are road projects –
that: “the municipality had reported various accomplishments … which were not verified and
validated for failure to submit copies of programs of works, contracts,purchase orders as basis in
conducting inspection.”31
147. The Executive Summary of the 2008 report of the audit made by the COA makes the
same statement of 11 major accomplishments made by the municipality, all of which pertained to
road projects: “the municipality had reported major accomplishment projects. These were not
verified and validated due to its failure to submit copies of the Program of Work,
Contracts/Purchase Orders as basis in conducting inspection.”32
148. The Executive Summary of the 2009 report of the audit made by the COA says the
same thing of the nine major accomplishments reported by the municipality of Lagayan (four of
which are road projects, three of which are repairs of classrooms and one of which is the purchase
of machines and equipment): “There were not verified and validated due to its failure to submit
copies of the Program of Work, Contracts/Purchase Orders as basis in conducting inspection.”33
149. The 2010 COA audit report on the municipality of Lagayan is not yet available from
the website of the Commission but I am sure its findings will be no different from its findings of the
previous years. Meanwhile, COA Audit reports for the years before 2007 all say the same thing
although these are no longer available on the website of the Commission and I do not have copies
30
See ANNEXES G to L.
Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year Ended
December 31, 2007, at 1, ANNEX M.
32
Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year Ended
December 31, 2008, at 1, ANNEX N.
33
Executive Summary, Annual Audit Report on the Municipality of Lagayan, Province of Abra, for the year Ended
December 31, 2009, at 1, ANNEX O.
31
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of these reports covering the stated years. This Honorable Office can readily issue a subpoena to
the Commission for all these pertinent records.
150. I always told our treasurer, Mrs. Donato – incidentally a second cousin to Cecilia Luna –
that if the money allocated for road projects were actually used for the purpose, the entire Lagayan would
have already been paved over many times by now.
151. The irony to it is that the Lagayan Municipal Hall has remained in a state of disrepair. The
roof leaks in many places and whenever it rains, employees had to put up pails and basins on the floor to
catch the leaking water. Too, year in and year out, appropriations are made for the purchase of equipment
and supplies but many times, municipal hall employees had to buy themselves equipment and supplies so
they could perform their functions.
152. For many years, the municipality of Lagayan did not own a single vehicle. In
October 2010, on my own initiative, sometime in October 2010, I prepared a Sangguniang Bayan
Resolution requestingthe Philippine Charity Sweepstakes Office (PCSO) for a donation of an
ambulance for the use of residents of the municipality. A month later, the ambulance arrived. This
is the only vehicle to date that can be said to belong to the municipality. It is not even registered yet
to the name of the municipality of Lagayan.
153. And yet, from 1998 to 2011, money was allocated in the Annual Budget of Lagayan
for repair and maintenance, gasoline, oil and lubricant in a virtually non-existent municipal
motorpool.
154.
From available records: in 2003, the allocation for this purpose was Php 250,000; in
2004, Php 250,000; in 2005, Php 350,000; in 2006, Php 500,000; in 2007, Php 500,000; in 2008, Php
600,000; in 2009, Php 700,000; in 2010, Php 700,000; in 2011, Php 700,000, for a total of Php
3,850,000 over a span of eight years.34
155. Moreover, the annual budget also contained an item for equipment outlay, which I
understood to be intended for the purchase of vehicles: in 2003, the allocation for this purpose was
Php 248,165.70; in 2004, Php 379,159.18; in 2005, Php 379,159.18; in 2006, Php 1,763,884.17; in 2007,
Php 956,312.08; in 2008, Php 1,554,348.44; in 2009, None; in 2010, Php 1,464,252.60; in 2011,
Php 628,658.97, for a total of Php 6,745,281.35 over a span of eight years.35
156. The Lunas are known to own at least 20 vehicles of various makes. Jendricks
himself, in 2010, bought a late model silver BMW Z3 roadster, with a retractable top. His brother
Ryan owns a white bullet-proof van, which he acquired when he was just a barangay captain of
Barangay Dangdangla in Bangued, Abra in 2009. Jendricks also gave to his mother Cecilia a black
Porsche during her birthday in March this year.
157. Cecilia is also said to have been the source of a Red Innova AUV (plate number ZEZ
120) now being used by the the municipal treasurer, Marissa G. Donato and registered in her own
name. Jendricks also gave as a gift to the municipal engineer a second-hand Red Mazda car and a
second-hand Red Toyota pickup to municipal Engr. Osborne Dolaoen.
Both vehicles are
registered in Dolaoen’s name.
158. What I also find laughable is a report sent by the municipal accountant, Meno C.
Dickenson, to the COA in 2007 stating that the municipality purchased various pieces of furniture in
34
See Approved Annual Budget for the years 2005 to 2010, ANNEXES G to L. While there are no available copies of
the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in the approved
annual budget for the year 2005.
35
See Approved Annual Budget for the years 2005 to 2010, ANNEXES G to L. While there are no available copies of
the approved annual budget fo the year 2003 and 2004, the pertinent records are also found in the approved
annual budget for the year 2005.
21 | P a g e
the amount of Php 5 million from ALZEN furniture in Bangued, Abra.36 I wonder where these pieces
of furniture are because we had to buy our own chairs to use in our offices at the municipality.
An election loss and a senseless river diversion project
159. There was only instance when I acceded to the mayor’s orders and this was about his
River Diversion Project. But I did it only because I was so scared that a bloodbath would result if his wishes
were not followed. I inserted in the Annual Investment Plan for 2011 the amount of Php 1,050,000 for the
River Diversion Project.
160. In last year’s 2010 elections, his mother Cecilia, whom he had succeeded as mayor, lost in
the congressional race. Voters from the municipalities of La Paz and Danglas gave her a resounding
rejection in the ballot and it angered Jendricks so much.
161. Now, these municipalities are located in the lower reaches of the Tineg River while
Lagayan is upstream. To avenge his mother’s loss in the congressional elections, Jendricks blocked the
river channel and diverted its flow to another municipality, using the funds of the municipality for payment of
rent of a back hoe and a grader, purchases of gasoline and salaries of drivers. No one could stop him,
because he deployed around 100 of his armed goons to guard the diversion.
162.
Publicly, he stated that the diversion was necessary because every time the river
overflowed its banks, the ensuing flood would wash away a sizeable portion of Lagayan’s agricultural lands.
163. Yet the agricultural lands in question were a kilometer away from the river’s banks. But
Jendricks ordered me to prepare antedated resolutions of the barangay officials of Pulot and Poblacion and
Resolutions of the Sangguniang Bayan supporting his actions. He also asked me to prepare the affidavits
of landowners purportedly supporting his claim that their agricultural lands had been washed out as a result
of the recent overflow of the river’s banks.
164.
What the Municipal Assessor and I did is to locate the tax declarations of the nearby
agricultural lands and asked the owners for their signatures. Some of the landowners had been dead for
years but Jendricks instructed us just to ask anyone to sign for them. Some tenants commented that their
areas are very far from the river and these had been eroded in flooding a long time past. We explained to
them that we were doing it on Jendricks’ orders.
165. The result of the diversion was catastrophic to the municipalities downstream: rice just
planted on middens along the river’s banks withered, and fishponds and fish pens dried up. In just two
months (December 12, 2010 – January 16, 2011), agriculture in the three municipalities sustained an
estimated P50 million in losses, I heard Mayor Joseph Sto. Niño B. Bernos of La Paz, Abra say over a radio
program at the height of the controversy.
166. Another town – Dolores – which was not among the targets of Jendricks’ ire, suffered as
“collateral damage,” as it sat next to La Paz town. The town mayor there is Jendricks’ second cousin,
Robert Seares Jr., whose father is a first cousin of Cecilia Seares Luna. Cecilia did not lose in that town.
167. The governor stepped in, ordering Jendricks to rechannel the river back to its original flow.
But Jendricks –at this time he was merely a barangay captain and president of the town’s Association of
Barangay Captains (ABC) – would not be pacified. He dared anyone to oppose him. When negotiations
broke down, the governor called for help from the Philippine Army and the Philipine National Police, to
36
See Observ. No. 5, page 13, ANNEX D, page 2 of 2 pages, to the Annual Audit Report on the Municipality of
Lagayan, Province of Abra, for the year Ended December 31, 2007, ANNEX M.
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reopen the river. That did it. It was quite a sight to see around 100 riot policemen from Manila arrive in
Lagayan to oversee the return of the river’s waters to its original course.37
168. This capricious, whimsical – and not to mention environmentally damaging – use of
governmental resources by Jendricks should have been investigated by authorities. In fact, he should have
been prosecuted for it; but as far as I know, he has not been held into account for what he did to the river
channel.
169. At the very least, he should be prosecuted for violation of the Anti-Graft and Corrupt
Practices Act, RA 3019, sec.3 (3), which states thus:
(e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other
concessions.
170. What he did is also punishable by dismissal from service as a violation of RA 6713, the
Code of Ethics for Public Officials and Employees, which provides norms of conduct for workers and
officials in the public service, in particular, Sec. (4) of the law, which states that:
SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public
official and employee shall observe the following as standards of personal conduct in
the discharge and execution of official duties:
(k) Commitment to public interest. — Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.
(l) Professionalism. — Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence
and skill. They shall enter public service with utmost devotion and dedication to
duty. They shall endeavor to discourage wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
(c) Justness and sincerity. — Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the underprivileged. They shall at all times
respect the rights of others, and shall refrain from doing acts contrary to law, good
morals, good customs, public policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to appointments of
such relatives to positions considered strictly confidential or as members of their
personal staff whose terms are coterminous with theirs.
171. I also mention this to show whois truly in control of Lagayan town, even if on paper,
someone else is the incumbent mayor.
37
Copies of photographs taken during the re-diversion efforts ordered by Governor Eustaqio Bersamin are
attached as ANNEXES P, Q, R and S. The series of photographs show policemen in riot gear standing guard while a
payloaders and a grader carry out the task. The original photograph files are in full color.
23 | P a g e
172. I pity my townmates. For so long, they had been ruled by fear. I don’t know whether to
laugh or cry at descriptions of Lagayan as one of the most peaceful towns in the Province of Abra. It is a
big lie, perpetuated by no other than Jendricks himself, who has given instructions to the local police not to
report to higher authorities any crime incidences in the town. Killingsare not recorded nor reported by the
police. The Lunas have a bevy of goons with guns, and with them, they rule Lagayan with an iron hand.
THE LAST STRAW
173. Thirteen years – that’s how long I had been in the employ of the Lagayan municipality. All
that time, I endured so many indignities and so much humiliation under the Lunas. But I always prayed that
the Lunas would finally see the light and treat the municipal hall employees with respect. But everyone
knew my vocal opposition to the continued failure by the Lunas to pay the municipal hall employees
according to what the law provides.
174. It is perhaps because of this reason that when one day in the first week of May, someone
sent a Resolution purportedly issued by the Sangguniang Bayan to the Secretary of Finance, with copy
furnished to the Regional Director of the Bureau of Local Government Finance, asking the immediate
transfer of our municipal treasurer, Mrs. Marissa G. Donato, and the appointment of a new treasurer from
the regional office, the Lunas immediately pinpointed me as the culprit. The resolution carried all the
necessary but apparently forged, signatures, including mine. Its reason for calling for a replacement for
Mrs. Donato was betrayal of public trust and graft and corruption.
175. Lagayan is a town of 4,134 residents; it has 32 elected and appointed municipal hall
employees. And their immediate suspect was me. Without further investigation, without giving me due
process, they determined that I was the source of the offending Resolution. I could not believe that in their
eyes, I am the only one in the entire town of Lagayan capable of doing that.
176. I very well remember: on May 4, 2011, around 4 p.m., I was on my way home from work,
and when I was in the vicinity of Canan, Lapaz, Abra, I received a call from Jendricks ordering me to
immediately proceed to the Luna residence in Dangdala, Bangued, Abra. He was furious. He shouted and
cursed me on the phone.
177. I politely told him that I was on my way home. He answered back, cursing me; “Agderetso
ka ditoy balay,okinnayo… ania ti inar-aramid yo”? (You report to my house immediately you slut…what did
you do?)
178. I was shaking in fear when I reached the Luna residence in Bangued. There I saw
Jendricks and the municipal treasurer talking with each other. Jendricks shoved a copy of the offending
Resolution at my face and ordered me to prepare a written answer to an official query sent by the Regional
Director of the Bureau of Local Government Finance for the Cordillera Administrative Region. 38 Then they
left.
179. The next day, at around 7:45 a.m., Jendricks called me up to ask me whether I had
already prepared the written answer. I said yes.
180. The following day, May 6, 2011, Jendricks called an emergency meeting with all the
employees and officials of the town, including members of his barangay council, and people in the streets.
181.
At the meeting, all eyes were on me when he ordered me to read the Resolution.
182. As soon as I finished doing so, Jendricks violently took the document from my hands, put
it on the table and angrily pointed at me as its author.
38
A copy of the query is attached as ANNEX T
24 | P a g e
183. With a finger pointed at me, he shouted: “Sika ti makin aramid iti daytoy! Sika laeng ti
makaammo ti budget ti munisipyo, sika ti nalaing mga agrekrelamo ti suweldo ken benefits manipud pay iti
tiempo ni Mama (referring to Cecilia Luna) Leche ka! Okinnam, No haan mo masolusyunan dayta
makarasak ka! Sulbarem dayta, no dika masulbar makaamo ka! (You authored this, you’re the only one
who knows the budget of the municipality, since my mother’s time, you’re the only one who had been
showing off her smarts and complaining about salary and benefits. You’re shit, you’ re a slut! If you don’t
solve it yourself, you watch out)!
184.
me to speak.
Though shocked by the vitriol he uttered against my person, I politely asked him to allow
185. He refused to give me a hearing. With a finger pointing at my face, he shouted at the top of
his voice: “Haanen, nia haan mo nga aminen? Kayat mo pay la nga adda nakarkaro nga mapasamak?
Okinnam, di ka la mapmapnek ti mait-ited kenka! Kayat mo pay la ti nakarkaro nga mapabainan? Okinnam!
Leche ka! (Shut up. What, you don’t want to admit to it? You want something worse. You slut, you can’t
content yourself with what is given to you, and instead you want greater humiliation.You’re shit)!
186. He then threw the Resolution at my face and angrily stormed out of the meeting. I’ve never
felt so humiliated in my life. After the meeting disbanded, the treasurer walked up to me and declared:
“maikkatak laeng isakripisyok ti mang-hire ti pumatay (ipapapatay ka!)
187. This was the last straw for me. It was there that I declared to myself it is time to put a stop
to all the years of humiliation and indignities. Thus I decided to speak out against the reign of greed and
terror of the Lunas in Lagayan.
PRAYER
WHEREFORE, I, as Private Complainant, respectfully pray that the Respondents concerned, upon
due investigation, be charged with the violation of the application provisions of Republic 7080, the AntiPlunder Law, as amended, Republic Act 1379, the Forfeiture Law, Republic Act 3019, the Anti-Graft and
Corrupt Practices Act, RA 6713, the Code of Ethics for Public Officials and Employees, and the Revised
Penal Code, and other such violations of the law as this Honorable Office may see fit to charge
Respondents with. Finally, Private Complainant pray that the Honorable Office institute forfeiture
proceedings against the properties, assets and financial holdings of Respondents, pursuant to the
applicable provisions of RA 1379, the Forfeiture Law.
Other just and equitable relief are also prayed for.
Makati City for Quezon City. September 12, 2011.
Affiants further sayeth naught.
In witness hereof, I affix my signature to this Complaint-Affidavit to attest to the
truthfulness of my affirmations in the preceding discussion this 13th day of September 2011.
BERNADINE S. JOSON
Affiant
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Verification
I, BERNADINE S. JOSON, of legal age, married, until recently Municipal Planning and Development
Coordinator and concurrent Secretary to the Sangguniang Bayan of the Municipality of Lagayan, Abra, with
address for purposes of this complaint at Roque and Butuyan Law Offices, Unit 1904 Antel 2000 Corporate
Center, 121 Valero Street, Salcedo Village, Makati City 1277, hereby depose and state that:
1. I am the complainant in the foregoing Complaint-Affidavit;
2. I have caused the preparation and filing of the same;
3. I have read and understood its contents and affirm that the allegations therein are
true and correct of myown personal knowledge and based on authentic records.
IN WITNESS WHEREOF, I have signed this instrument on September 13, 2011 before
the Office of the Ombudsman.
Name
Signature
BERNADINE S. JOSON
Valid Identification
GSIS Unified Multi-Purpose ID
No. CRN-006-0001-3974-2
SUBSCRIBED AND SWORN to before me this 13th of September 2011 in Quezon City. I
hereby certify that I have examined the affiants and I am satisfied that they voluntarily executed
and understood the above affidavit
___________________________________________________________________
GRAFT INVESTIGATION AND PROSECUTION OFFICER
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