REPUBLIC OF THE PHILIPPINES OFFICE OF THE OMBUDSMAN Agham Road, Quezon City

HON. CONCHITA CARPIO-MORALES OBMUDSWOMAN Office of the Ombudsman Agham Road, Quezon City Your honor attached herewith are relevant documents which would prove the squandering of the Professional Regulation Commissions (PRC) Bid and Awards Committee (BAC) Trust Fund for 2008, 2009 and 2010. The said documents are herein made an integral part of this letter complaint.

The antecedent facts which led to this letter complaint are detailed as follows: 1. A letter request for guidance on the proper action to be taken in the payment of pending honorarium to the Bids and Awards Committee (BAC) was submitted to then Officer-in-Charge Commissioner Alexis J. San Jose

through a Memorandum dated May 25, 2012, attached herein as ANNEX A and is made an integral part of this complaint;

Page 1 of 8 FILOSOPO V CONTI

2. Subsequently, on May 27, 2012 a show cause order was issued requiring the Professional Regulation Commissions Budget Officer and Accounting Division OIC to explain within seventy-two (72) hours why no legal action should be taken against them for their alleged mismanagement of the BAC Trust Fund. However, they sought extension for the period within to submit their explanation twice. The first was granted until June 15, 2012 and another granted until June 16, 2012;

3. Consequently, letter dated June 16, 2012 was submitted on June 17, 2012, the PRCS Budget Officer and

Accounting Division OIC responded to the show cause order issued on May 27, 2012 for the alleged

mismanagement of the BAC Trust Fund. The said letters are herein attached as ANNEX B. 3.1 In the said explanation the concerned PRC officials declared that they charged the BAC trust fund with expenses other than Honorarium to preserve the R.A.T.A., which they personally receive on a monthly basis; 4. In connection to this a directive was issued by the PRC Chairperson requiring Mr. Dracula I. Filosopo to comment on the letters explanation provided by the concerned officers;

Page 2 of 8 FILOSOPO V CONTI

5. Thereafter, on May 2012 Mr. Filosopo was able to submit his comment/manifestation on the letters explanation of Ms. Inocencia T. Conti and Ms. Gwenyt M. Grant. The said comment/manifestation is herein attached as ANNEX C and is made and integral part hereof;

6. However, despite the detailed documentary evidence and testimonial evidence relevant to the issue, no specific action has been taken by the PRC Chairperson on the matter, either on the payment of the Honorarium of the concerned BAC members or as to the Administrative, Criminal and civil liability of the respondents;

7. It was acquired through credible informants that the respondent officials Ms. Inocencia T. Conti and Ms. Gwenyt M. Grant an officials of the Commission, are planning to abscond abroad in order to escape prosecution of their offense;

8. Respondents on the date material to this complaint on several instances did then and there feloniously,

unlawfully, and with intent to gain charged expenses against the bids and awards committee trust fund to the detriment of the government with prejudice and causing

Page 3 of 8 FILOSOPO V CONTI

damage to the BAC members who were deprived of their lawful honorarium;

9. Their act of not depositing the appropriate funds sourced from liquidated damages withheld from an erring

contractor also constitutes misappropriation since its whereabouts are not disclosed despite mandatory

provisions of law that the same be earmarked and included in the BAC trust fund;

10.

That respondents intent to gain can be gleaned from

the fact that their decision to charge expenses other than honorarium against the BAC trust fund was motivated by their desire to preserve the Representation and Travel Allowance which these officers themselves receive and enjoy;

11.

Through respondents impropriety and scheme they

have enriched themselves since the amounts which were chargeable to their RATA was charged against the BAC Trust Fund, leaving the BAC members without resort since payment of Honorarium is dependent on the availability of Funds. In this case since the BAC trust fund was embezzled none was given to the BAC as far back as 2009. Worse documents pertaining to the above subject matter

Page 4 of 8 FILOSOPO V CONTI

have been withheld by the respondents and their cohorts to cover up their scheme;

Prayer WHEREFORE, premises considered, it is respectfully prayed that the instant case be subjected to a thorough investigation to determine the culpability and liability of the concerned officials and employee. It is further prayed that the concerned officials and employee be meted with the appropriate charges for the acts they committed with intent to gain and their omissions which amounted to neglect of duty and grave error or mistake;

The administrative, civil and criminal cases be filled immediately; 1. The respondents be held administratively liable for Grave Misconduct for transgressing and defying

established rule of law provided in RA9184 in relation to the General Appropriations Act and Department of Budget and Management Circular (DBM-BC) No. 2004-5A;

2. That Respondents be charged for Malversation of public funds when against established rules they have repeatedly charged the BAC trust fund for

Page 5 of 8 FILOSOPO V CONTI

expenses

other

than

that

for

which

it

was

established for personal gain by being able to preserve the RATA received by the respondents;

3. That respondents civil liability be declared and be ordered to restore the missing fund for the

impropriety of their acts of charging the trust fund and withholding funds belonging to the said fund; And we further pray for the preventive suspension of the said officials and employees in order to expedite the investigation and prosecution of the above case without hindrance or resistance from the concerned officers and employees. Just and equitable reliefs and likewise prayed for under premises.

IN WITNESS WHEREOF, I have hereunto set my hands this 24th day f November 2012, in the City of Manila, Philippines.

DRACULA A. FILISOPO

Page 6 of 8 FILOSOPO V CONTI

REPUBLIC OF THE PHILIPPINES } CITY OF MANILA } S.S.

VERIFICATION / CERTIFICATION AGAINST FORUM SHOPPING I, DRACULA A. FILISOPO, Filipino, of legal age, single with the same postal/mailing address at the Residences de Morge De la Campana, Intramuros, Manila, after having been sworn in accordance with law, hereby depose and state THAT: 1. I am the complaint in the above-captioned case, pending before the Office of Honorable Ombudsman; 2. In my personal capacity, I have caused the preparation of the foregoing COMPLAINT, read and understood the allegations therein contained, and I verify the same to be true and correct based on my personal knowledge and authentic documents in the complainants possession; 3. I further certify that I have not commenced any action involving the same issues and parties before the Supreme Court, the Court of Appeals, any other lower court, tribunal, agency and quasi-judicial body, and no such action or case is pending before any of said courts or tribunal, agency or body. If I should hereafter learn that any such or similar action or case has filed or is pending in any of said courts or tribunal or quasi judicial body, I undertake to report the same to this Honorable Office within five (5) days from notice thereof.

24th

IN WITNESS WHEREOF, I have hereunto set my hands this day of November 2012, in the City of Manila, Philippines.

Page 7 of 8 FILOSOPO V CONTI

DRACULA A. FILISOPO

SUBSCRIBED AND SWORN TO before me this 24th day of November 2012, at the City of Manila, Philippines, affiant exhibiting to me, as competent proof of identification his drivers license with number C11-000000 valid until May 14, 2013, with his photo and signature.

ATTY. JUAN D. CRUZ

NOTARY PUBLIC UNTIL DECEMBER 31, 2011 PTR NO. 96000000/4-4-11 IBP NO. 8600000 MCLE III

Doc. No. _____ Page No. _____ Book No. _____ Series of 2012

Page 8 of 8 FILOSOPO V CONTI