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COMPLAINT AFFIDAVIT

The complainant affidavit is currently Vice Mayor of the Municipality of Garchitorena,


Canaries Sur who ran for the said position as independent candidate during the
previous National and Local Elections, May 9, 2016.
1. Facts and circumstances constituting the offenses charged are herein-below stated
and discussed supported by documentary evidences consisting of public and official
documents, and that:

On the fourth quarter of the year 2016, it came to my knowledge from the
employees of this municipality that there are hired personnel under Contract
Service nature at the office of the Mayor.

To confirm whether the said information is really true, complainant initiated to


send letter to the Human Resource Management Officer, thru its Department
Head, Mr. Herbert O. Ognita, HRMO II requesting copies of the said
Memorandum of Agreement or Contract Service of Personnel on December 13,
2016 as attached herewith.

On the same date, December 13, 2016, Mr. Herbert O. Ognita, HRMO II,
immediately acted upon the above said request letter, by virtue of RA 9485
otherwise known as the Anti-Red Tape Act of 2007 which states that a request
for basic or simple public documents must be acted upon not more than five (5)
days. The said reply letter is hereto attached.

Upon receipt of the copies of the herewith attached Contract Service, it was then
that the complainant was able to confirm and verify that the information fed by
the employees of this municipality is genuine and credible.

Upon further scrutiny of the Contract Service, it revealed that certain Carlo
Villanueva, a private practicing lawyer is one of the personnel under the said
Contract Service paid for the money of the people of the Municipality of
Garchitorena, Camarines Sur.

It also revealed that Atty. Carlo Villanueva was the respondents lawyer who
notarized the Counter-Affidavit and position papers dated August 9, 2016 and
September 1, 2016 of the latters previous criminal and administrative cases filed
by the herewith complainant at the office of the Ombudsman which is currently
under Motion for Reconsideration. Attached herewith copies of Counter-Affidavit
and position paper of the respondents.

It further clearly revealed that Atty. Carlo Villanueva is not hired in behalf of the
Local Government unit of Garchitorena but in behalf of the respondents.

As head of the legislative body, it is my personal knowledge that there is no duly


approved Sangguniang Bayan Resolution authorizing the Local Chief Executive
to enter into an agreement hiring for Contract Service personnel. The execution
of the said contract service is a conduct prejudicial to the interest of public
service, abuse of authority, grave misconduct, violation of RA 6713, a revised
Administrative Code and Penal Code, hence this complaint.

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