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ABCDE
FOUNDATION, INC.,(SADFCI)
Complainant,
COUNTER AFFIDAVIT
I, POPOL, Filipino, of legal age, married, resident of Huhuhuhuh,
Pagadian City, and presently the Punong Barangay of Huhuhuhuh, after
having been duly sworn to, in accordance with law, hereby depose and
state: THAT-
7. In fact, the letters were not endorsed to the Office of the Barangay so
that it can be acted upon. The non-endorsement of the same by
Kagawad Emilia S. Naldoza was, accordingly, because the person
who delivered the letters to her (Kag. Naldoza), in the person of Mr.
Wilter Noquiao, told Kag. Naldoza that the Office of the Barangay
need not act on the letters, all that Mr. Noquiao needed was that a
barangay official will receive the documents and sign the received
copy of the same. (hereto attached and marked as Annex “1” and “1-
a” is the Affidavit of Kagawad Emilia S. Naldoza, and made as
integral part of this Counter-Affidavit)
8. Record shows, from the official log book of the Office of the
Barangay of Barangay Huhuhuhuh, that this Mr. Noquiao had never
visited to the Office of the Barangay in year 2016. Thus, it would be
impossible for the Office of the Barangay or the Respondent to act
on the alleged letter attached to the verified complaint of the
Complainant or make the necessary reply to the same. (hereto
attached is a certification from the Barangay of Huhuhuhuh as well
as the certified true copies from the official logbook of visitors as
Annexes “2”, “2-a” and “2-b”)
11.In addition thereto, it was found out that not only the Barangay
Resolutions were falsified but likewise a Certificate of No Objection
which was allegedly issued by the Office of the City Mayor of
Pagadian City dated 19 July 2016. The Office of the City Mayor,
wrote a letter dated 25 August 2016, fervently denying the issuance
of said certification which was submitted and duly received the same
by the Environmental Management Bureau, DENR, R-9 (EMB-R9).
(hereto attached and marked respectively as Annexes “5” and “6” are
Certified Xerox Copies of the falsified Certificate of No Objection
and the letter dated 25 August 2018 were submitted to, and secured
from, EMB-R9)
20.On the other hand, the Petition for Mandamus was signed and
verified by the Complainant herein (Petitioner in 6545) on 26 March
2018 and was filed with the Regional Trial Court on 3 April 2018.
21.Both cases, the instant case and the petition for mandamus, were filed
only in early 2018 which is more than a year, or almost two years,
later after the alleged submission of the letter requests of the
Complainant for the issuance of Resolutions of No Objection from
the Sangguniang Barangay.
23.It would appear that Complainant filed this instant case to harass and
force me and the Sangguniang Barangay of Huhuhuhuh, Pagadian
City to issue resolutions of no objection in favor of the complainant
for its supposed projects in Barangay Huhuhuhuh. Complainant
would not have filed a petition for Mandamus before the Regional
Trial Court if 26359565 of the complainant was not cancelled or
suspended by the EMB-R9.
b. It appears that the Complainant did not need any actions or reply
concerning its letter requests as can be inferred from the intention
of Mr. Noquiao that what he needed when he gave the letters to
the Kagawad Nodaza was only to sign the received copies of the
letters. It is apparent that in the very first place, there was already
a plan to circumvent the process for the issuance of ECC.
25. How could the Office of the Barangay act on the subject letter
requests if the same were not received by the office?
26. Another matter that I would like to point out is the time of filing of
this instant case before the Office of the Ombudsman, as well as the
petition for Mandamus that were filed early in 2018. How come that
the complainant did file this instant case in year 2018 and not in year
2016 or 2017? Complainant never did make any follow-up letter for
its request despite the fact that the resolutions being prayed for by
herein complainant were essential requisites for its application for
the issuance of ECC.
27.Clearly, Complainant did not need the Office of the Barangay to act
on the letters and the issuance of Barangay Resolutions of No
Objection from the Sangguniang Barangay of Huhuhuhuh, Pagadian
City.
28.It is prayed before the good office of the Honorable Ombudsman that
subpoena duces tecum be issued to the Environmental Management
Bureau, DENR, R-9, Zamboanga City in connection with the
findings of the same with regards to its investigation it conducted
with regards to the 26359565 it issued in favor of herein
Complainant.
30.Both cases were filed in early 2018 which is more than a year later
after the subject matter letters were received by Kag. Noldaza and
despite Complainant having been issued an Environmental
Compliance Certificate with 26359565.
31.Premises considered, it is humbly prayed of the Honorable Office of
the Ombudsman, after full investigation, to dismiss the instant case
against me.
POPOL
Affiant/Respondent