REPUBLIC OF THE PHILIPPINES )

CITY OF BUTUAN ) S.S.

JUDICIAL AFFIDAVIT-COMPLAINT

WE, GEMMA ABELLA MANUNDO AND PAZBELEN MAGLASANG

BETIO, both of legal age, Filipino, and residents of Purok 6 and Purok 7,
respectively, of Brgy. Vinapor, Carmen, Agusan del Norte, Philippines, and
after having been sworn to in accordance with law, do hereby state as follows:

PREFATORY STATEMENT

The person examining us is ATTY. GERAMER V. DURATO, Legal Officer

of the Department of Social Welfare and Development- CARAGA. The
Examination is being held at the Barangay Hall of Brgy. Vinapor, Carmen,
Agusan del Norte. We are answering his questions fully conscious that we do
so under oath and may face criminal liability for false testimony and perjury.

QUESTIONS and ANSWERS

1. What is your purpose of executing this affidavit?

Affiants Answer (Ans.) We are executing this affidavit to formally

charge a Criminal Complaint for ESTAFA under Articles 315 par 1(b),
1(c) and par 3(a) of Revised Penal Code and/or other deceits against
Mr. BERNIE P. GALO, Filipino, of legal age, single, and with residence
address at P-1 Afga, Sibagat, Agusan del Sur.

2. Who is this certain Mr. BERNIE P. GALO?

Ans. As we know him, Mr. Galo was a former employee of the

Department of Social Welfare and Development (DSWD) -CARAGA
having a position of a Project Development Officer II (PDO II) 1. He was
assigned as Project Development Officer in the implementation of the
Sustainable Livelihood Program (SLP) of DSWD.

Our engagement with him was during his performance of his duties and
functions as PDO II under SLP from September 2014 and until July 2017.

1 Please See “Annex A” (Copy of Certification of Employment)

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3. Can you please provide us with information about your personal
circumstances?

Ans. Aside from confirming our personal identity and place of residence
aforementioned, WE, Gemma Abella Manundo and Pazbelen
Maglasang Betio, respectfully claim that we are elected and incumbent
SKA President and SKA Treasurer, respectively, of Vinapor Blue
Waters SEA-K (Self-Employment Assistance para sa Kaunlaran)
Association, as organized by Mr. Galo, being our PDO II under SLP, of
DSWD Field Office CARAGA.

4. What is the basis of your complaint against Mr. BERNIE P. GALO?

Ans. In the course of the implementation of the SLP, we find ourselves

and the SEA-K Association we represent, to have been defrauded, as
explained by, Attorney GERAMER V. DURATO, under Article 315, by
means;

Par 1 “With unfaithfulness or abuse of confidence,

(b) by misappropriating or converting, to the prejudice of another,

money, goods or any other personal property received by the offender
in trust, or commission, or for administration, or under any other
obligation involving the duty to make delivery of, or to return the same,
even though such obligation be totally or partially guaranteed by a
bond; or by denying having received such money, goods, or other
property;

(c) by taking undue advantage of the signature of the offended party in

blank, and by writing any document above such signature in bank, to the
prejudice of the offended party or any third person.”

And,

Par 3(a) “By inducing another, by means of deceit, to sign any

document”.

5. Can you be more specific as to the acts of Mr. Galo constituting a

violation of the aforementioned?

Ans. The Vinapor Blue Waters SEA-K Association, which we duly

represent here, received the amount of Three Hundred Thousand
Pesos (P300,000.00) under the account name of the Association, which
we deposited in February 12, 2015, in the Association’s Savings Account
number 055-51-063372, at One Network Bank- Nasipit Branch, Nasipit,
Agusan del Norte.

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 Since opening of the Association’s account, we never get hold of our
Passbook. Mr. Galo insisted that he will be the one to hold and keep our
Association’s Passbook.

Said amount came from DSWD Field Office CARAGA thru its Sustainable
Livelihood Program. A copy of Pages of the Passbook2 is hereto
attached, showing such amount deposited.

5.1 Having such amount of money, sometime in the 2nd Quarter or

May of 2015, Mr. Galo went to Barangay Vinapor, Carmen, Agusan
del Norte and asked the herein affiants to sign a blank
withdrawal slip which the affiants did, which according to Mr.
Galo, an amount of Eighteen Thousand Pesos (P18,000.00) will
be loaned to Mr. Gary Omblero (now deceased), then SLP PAMANA
President of Brgy. Vinapor (another project of DSWD CARAGA), as
payment for the Value-added Tax (VAT) incurred upon purchase
of their delivery truck “Bongo”.

In June 2, 2015, after his withdrawal, Mr. Galo personally

handed to Ms. Betio, herein affiant, the amount of Eighteen
Thousand Pesos (P18,000.00) representing the prior agreed
amount to be loaned by Mr. Omblero, with an instruction to give it
to Mr. Omblero.

Aside from the (P18,000.00), another amount of Twenty

Thousand Pesos (P20,000.00) was handed to Ms. Betio, with
instructions to also give the same amount to Mr. Omblero, Mr.
Galo said, which I quote,

“Ihatag na ang P20,000.00 kang Mr. Omblero te,

nag sabot nami ana.”

[Give that P20,000.00 to Mr. Omblero, we already

agreed about it.]

But Ms. Betio went first to Ms. Manundo (co-affiant) to

inform her that the money is available. Ms. Manundo affirmed and
gave the go signal to deliver the said amount to Mr. Omblero with
instructions, as quoted below:

“Papermaha daan adisir ihatag ang kwarta.”

[Let him sign first before you give the money.]

Ms. Betio, in accordance to the instructions of Mr. Galo,

personally handed a total of Thirty Eight Thousand Pesos

2 Please See “Annex B” (Copy of Pages of Passbook)

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 (P38,000.00) to Mr. Omblero on the same day by which he
acknowledged by signing in the “kasabutan” 3 which in the nature
of acknowledgment receipt, this amount was also known to Ms.
Manundo. The money was received by Mr. Omblero (public school
teacher) inside his room, in the premises of Vinapor National High
School.

Later did we discover, during the execution of this affidavit,

when shown by Atty. Durato of a photocopy of few pages of our
passbook herein marked as Annex B, that in June 2, 2015, Mr. Galo
actually withdrawn a total amount of Fifty Eight Thousand
Pesos (P58,000.00) from the Association’s Account.

In our understanding, this means that Mr. Galo kept to

himself the amount of P20,000.00, without the Association
members knowing nor agreeing to such withdrawal and keeping
of the amount. Depriving therefore the Association of the
beneficial use of such amount under the SLP guidelines and
procedures.

5.2 Sometime in July 2015, Mr. Galo approached us again and asked
us to sign another blank withdrawal slip which was already
signed by Ms. SHERLITA B. JAMERO, then Municipal Social
Welfare and Development Officer of the Municipality of Carmen,
being one of the four (4) signatories.

Ms. Manundo first refused to sign the said blank withdrawal

slip as it was only sent through a courier (habal-habal driver,
whose name we do not know), however, Mr. Galo called Ms.
Manundo and explained that,

“Permahi nalang gyud ni te-kagawad kay bisan ug

wala pa nay amount; kay ang ato kung mawala o
mahulog ang withdrawal slip nga naay amount,
dako ang problema, makit-an unya sa lain.”

[Just sign it Te-kagawad even without amount in it;

because say if it gets lost with amount written in it, it
would be a problem, others will see.]

After hearing Mr. Galo’s explanation, Ms. Manundo

immediately called Ms. Betio, asking her to come over to sign the
blank withdrawal slip since it was brought back by the same
habal-habal driver. Mr. Galo this time was not present because he
was accordingly attending a seminar.

3 Please See “Annex C” (Copy of Kasabutan)

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 Mr. Galo has already explained to us prior to this
transaction date, that he intends to withdraw Two Hundred
Forty Thousand Pesos (P240,000.00), which will be released to
individual members of the Association as SEA-K loan. Each of the
thirty (30) members was expected to receive Eight Thousand
Pesos (P8,000.00), and they did receive the amount agreed in
July 25, 2015. The individual amount of loan shall also be repaid
within 12 months from receipt, to the DSWD CARAGA in
accordance to SLP processes.

Only when Atty. Durato showed us a copy of our

Association’s passbook, as part of the then fact-finding
investigation report, that we discovered that what was actually
withdrawn in July 25, 2015, was Two Hundred Forty Two
Thousand Pesos (P242,000.00). The remaining Two Thousand
Pesos (P2,000.00), may only be reasonably inferred to have been
in the hands of Mr. Galo.

5.3 In August 29, 2015, Mr. Galo called me (Ms. Betio), one of the
herein affiants, and instructed me to collect the repayments of the
members of the association with a word that,

“Pa interesan sa nako ang kwarta sa Buenavista

(which he did not name any Association) te kay
wala pa ma release ang ilang kwarta din kailangan
na nila bayaran ang ilang gipahimo na pump boat
og pukot ug maayo nalang ma interesan ug 5% ug
ma hulog sa Association; magkita ra ta sa waiting
shed, gawas sa Cahayagan Elementary School”.

[I’d like to have your collected repayments borrowed by

one of the Associations in Buenavista with interest since
their money wasn’t released yet, and they need to pay
for the pumpboat and the fishing nets they ordered
made and it would also be advantageous for the
Association as it will incur 5% interest for the
Association. Let’s meet at the waiting shed, outside
Cahayagan Elementary School.]

Following Mr. Galo’s instructions, in the same day, I (Ms.

Betio), personally gave to Mr. Galo the collected repayments from
several members of the Association amounting to Six Thousand
Five Hundred Pesos (P6,500.00). Since, then, the amount
mentioned remains unpaid.

In 2019, in the course of investigation and verification as to

the truthfulness of the alibis of Mr. Galo in this case, we were
informed by Ms. Cyryl Jane G. Delarmente, Project Development

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 Officer II of DSWD CARAGA, in one of their visits, that indeed, not
one Association of the three (3) Associations in Buenavista which
engaged in pump boat and/or fishing net projects, knew Mr. Galo
or have engaged in any transaction with him. Attached herewith is
interview note sheet4 prepared by Ms. Delarmente.

5.4 In September 7, 2015, Ms. Betio, personally gave to Mr. Galo an

amount of Three Thousand Pesos (P3,000.00), representing
repayments of the Association members. Expecting Mr. Galo,
being our Project Development Officer who guides us throughout
the process of availing of the services under SLP, will be the one to
deposit the amount, representing our repayment. Said transaction
took place in the Municipal Hall of Carmen, Agusan del Norte
where DSWD personnel were holding office.

Despite receiving the money, Mr. Galo failed to deposit the

said amount to the Land Bank Philippines, resulting to “0%
repayment rate” remarks as shown to us by Ms. Delarmente.
Attached herewith is Certification of Recovery Rate5.

6. Who are the four (4) signatories of your Association’s account, in

relation to 4.1 and 4.2 transactions?

Ans. The 4 signatories are,

 Mr. BERNIE P. GALO as Project Development Officer;

 Ms. SHERLITA B. JAMERO as Municipal Social Welfare and
Development Officer;
 Gemma Abella Manundo, as President of the Association; and,
 Pazbelen Maglasang Betio as Treasurer of the Association

7. Do have something more to say?

Ans. Yes. Sometime in 2017, when Mr. Galo’s anomaly in the

performance of his duties and responsibilities as our Project
Development Officer was known to the Office of the Department of
Social Welfare and Development- CARAGA, an investigation was
conducted.

And, in the course of such development, we were able to secure

acknowledgement6 on the part of Mr. Galo, that he indeed received the
amounts in items 4.3 (P6,500.00) and 4.4 (P3,000.00) mentioned
herein, representing the repayments of the Association, which supposed
to have been returned (4.3) and deposited (4.4) in the LBP- Butuan
Branch, in accordance to the SLP guidelines, but Mr. Galo failed so.

4 Please See “Annexes D, D-1, & D-2” (Copy of Interview Note Sheet)
5 Please See “Annex E” (Copy of Certification-Recovery Rate)
6 Please See “Annex F” (Copy of Acknowledgement of Receipt of Amount)

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 8. Why is it that you, officers and members of the Vinapor Blue
Waters SEA-K Association, too trusting of Mr. Galo?

Ans.: We have trusted and have given our confidence to Mr. Galo
because it was him, being our Project Development Officer, who
organized us and provided the Association guidance in all activities
pertaining to SLP implementation in our barangay under the SEA-K
modality. We never thought he’d do these fraudulent acts and false
pretenses.

9. Can you give a brief explanation of your understanding of

Sustainable Livelihood Program (SLP) of DSWD and what is this
SEA-K?

Ans.: We understand that SEA-K modality offers us the beneficiaries the

privilege to avail a loan, with a maximum amount of Ten Thousand
Pesos (P10,000.00) which is payable for one (1) year, without interest.
We refer the amount of our monthly amortization as “repayment
money”.

10. Having learned of such livelihood opportunity thru SLP, what

did your Association agree?

Ans.: The members of the Association agreed to pool all our individual
loans of P10,000.00. Hence, having thirty (30) members, we
accumulated an amount of Three Hundred Thousand Pesos
(P300,000.00) supposedly intended for a Catering Services Business.
However, with the advice and insistence of Mr. Galo, we finally decided
that only an amount of Sixty Thousand Pesos (P60,000.00) will be
utilized for the Catering Services Business and the remaining Two
Hundred Forty Thousand Pesos (P240,000.00), will be loaned by the
individual member of the Association under the Micro-Lending Business
mechanism.

11. Are there any evidence or document(s) you want to submit

other than those aforementioned?

Ans. Yes. We also want to submit Resolution 001, series of 20197,

“Resolution authorizing the SKA President, Ms. Gemma A. Manundo and
SKA Treasurer, Ms. Pazbelen M. Betio of Vinapor Blue Waters SEA-K
Association to file a case against Mr. Bernie P. Galo, former PDO of
Sustainable Livelihood Program, Project of Department of Social
Welfare and Development, in behalf of the Association” together with
the minutes of our meeting pertaining to said Resolution.

7 Please See “Annex G” (Copy of Resolution 001, s. 2019)

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12. What damage/s did you incur as a result of the unlawful acts
of the respondent?

Ans. By reason of Mr. Galo’s deliberate, willful, unlawful and false

pretenses, we, the aggrieved party, have suffered damages and were
deprived significantly of our beneficial use of the grant from SLP which
could have helped us improved the quality of our life.

This situation also brings discouragement on the part of the

members of the Association as regards to the repayment of their loans.

And, unless we can recover the amounts squandered by Mr. Galo

amounting to a total of Sixty Nine Thousand Five Hundred Pesos
(P69,500.00), we will be obliged and be burdened to pay the same
amount, despite not benefiting it, in accordance to the guidelines of the
SLP.

The Association, having compelled to resort to legal action, will

surely incur litigation related expenses, including but not limited to;
transportation, meals, photocopying, and other contingencies,
notwithstanding the fact of suspending our work or experiencing hassle
in our livelihood, during hearings and other calls of our lawyer, just to
make sure the successful prosecution of this case.

Hence, aside from our claim of the Actual Damages of P69,500.00

plus its legal interest of 6% per annum, reckoned from each the month
and year each of the aforementioned amount were given to Mr. Galo, we
also wish to claim for Exemplary Damages amounting to P20,000.00, to
set an example against him being a government employee during his
commission of unlawful acts and for him not to do again, and to create a
precedent to other government employees who think of following his
ways, and Temperate Damages of P20,000.00 for the unnecessary
litigation expenses we may incur.

13. Have you made your demand as to payment or return of the

aforementioned amounts of money?

Ans. We never had our demand made in any manner except that
acknowledgement on his part as mentioned in Item No. 7 of what he
received from us, as we only knew and was able to confirm all of his
unlawful actions, in the following months and even years thereafter
when the investigation already yield concrete results, and that such
time, he is nowhere to be found and we lost communication to him.

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 14. What do you want the Honorable Office of the Prosecutor do
with MR. BERNIE P. GALO?

Ans. We would like the Honorable Office, after notice and after weighing
the evidence of this case, will find probable cause to indict respondent
MR. BERNIE P. GALO of the crime of “ESTAFA penalized under Art 315,
Par. 1(b), 1(c) and Par. 3(a) of the Revised Penal Code and/or other
Deceits” as many counts as there is.

We further pray for the recovery of actual and other forms of damages
claimed herein, as the Honorable Office of the Prosecutor/ Court may
find equitable.

15. Do you have anything more to say, add, or retract from the
statements you have given?

Ans. None for the moment.

IN WITNESS WHEREOF, WE have hereunto affix our signatures this

20th day of May 2019, in Butuan City, Philippines.

GEMMA ABELLA MANUNDO PAZBELEN MAGLASANG BETIO

Complainant-Affiant Complainant-Affiant
Voters ID. VIN: 0204-0052A- Pantawid ID: 160204014-2347-
D2864GAM200008 000509

SUBSCRIBED AND SWORN TO before me this 20th day of May 2019.

Complainant(s)-Affiant(s) exhibited to me his/her/ their evidence of identity
with his/her/ their signature(s) and photograph(s) appearing thereon. I
hereby certify that I have personally examined the Complainant(s)-Affiant(s)
and I am convinced that he/she/ they executed this Complaint-Affidavit freely
and voluntarily.

Doc. No. ___________;

Page No. ___________;
Book No. ___________;
Series of 2019.

8 Please See “Annex H” (Copy of Voter’s ID)

9 Please See “Annex I” (Copy of 4Ps ID)

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