Republic of the Philippines

City of Dumaguete
AFFIDAVIT
I, Virgilio Zerna y Ramirez, of legal ages, married and a resident of Buao,
Dumaguete City, after being duly sworn to an oath hereby deposed and state the
following;
1.) That, I am a Person With Disabilities,(PWD) totally deaf on both ears from May 3,
1980 to date, after I fell down from a Manzanitas tree on the year 1970 in the
compound of the late, Engr. Mauricio Alquizola, in Pulantubig, Dumaguete City.
During that accident, I lost consciousness for several hours right eardrum was
pierced by 8 mm steel but by Gods mercy, miraculously recovered and live these
long.
SEE ANNEX-A
2.) That, because of that accident, I was diagnosed to have incurable, cancerous Otitis
Media, right ear and brain abscess to the point that, sometimes, I walk like a drunk
and met plenty of accidents.
SEE ANNEX-B
3.) That, I applied personally for work to the late Governor, Emilio Macias-II, was
hired as permanent Laborer-I on July 8, 1993 by virtue of R.A 7277, amended by
R.A 9442, The Magna Carta for Disabled Person, 5% reserves for PWD every 100
workers hired by the government, so we will be a productive member and not as
mendicants to society.
SEE ANNEX-C
4.) That, the late Governor Macias who being a doctor of medicine knows my physical
limitations assigned janitorial street cleaning job light works without prolonged sun
exposure, which is detrimental to my life threatening injuries illness being in the
brain area. Was assigned the biggest street cleaning job from 1993-2007.
SEEANNEX-D
5.) That, on February 2006, the then Assistant Provincial General Services Officer,
Engr. Berchmanns Patrimonio, pressured me to haul garbages which I verbally
explained detrimental to my health as I will vomit with stinking garbages odor, and
just suffered a stroke, voice slurred after lifting 2 big drums of garbages besides
DSWD provincial office. I better resigned than become a total deaf mute and did
not report to work for 19 days as Im still recuperating from that stroke; recovered
and health-improved, voice normalized 9 long months thereafter. I was never
informed that I can avail of a six-month rehabilitation of leave credits, since that
was a work-related sickness.
SEE ANNEX-E
6.) That, first cousin Engr. Rey Zerna advised me to go back to work and to assert my
rights to refused, as PWD worker, continue street cleaning job, which I submitted
medical certificate to support such leaves of absences, but the then assistant
PGSOfficer aided by the then PGSOfficer Martinez disapproved all those leaves
and sarcastically remarks my sickness was not current.
SEE ANNEX-F
7.) That, because of their continuous pressure and my patience running out I confronted
Engr. Patrimonio, why not assigned the job to my co-laborers, who are healthy and
able bodies like Raul Manayon et. al, not doing their job after all and are just
passing time in our air-conditioned office, a case of payroll padding or technical

malversations of funds! These made Engr. Patrimonio, VERY ANGRY, NGANO

AKO IMO IDU-OT NI-ANA, BAG-O PA AKO DIRI? I countered you cant touch
them, Raul Manayon, et.al being PGSOfficer, Atty. Ismael Martinez, favored men,
which he, Engr. Patrimonio, wrote in a bond paper, then snatched it from my
possession so I will not have evidence to show his being apprehensive over those
anomalies workers. That, on this moment, Engr. Patrimonio angrily stood up as if
he is engaging me in a fistfight, so I hurriedly left or got out from his office to avoid
a fight or bloodshed, some officemates laughed at me, that, I am a coward, but, I
just wanted peace that is why I turned away. That, PGSOfficer Engr. Patrimonio,
also, allowed me to be vilified and ridiculed inside our fenced office frontages on a
Holy Wednesday on April 2010 around 12:00 P.M. by an outsider, CIDG Michael
Ferrolino, doesnt he have duty and responsibility to protect the life of his
subordinates during official duty hours within our office and in the presence of our
paid private security guards and SGuard Rolando Lozada?
SEE ANNEX-G
8.) That they, officer Martinez and then Assistant Officer Patrimonio filed a case of
INSUBORDINATION, to the then Governor, George Arnaiz, their ally, and they
back-off reason only known to them after Provincial DSWD Officer, Alice Legarde
and some NGOs appeared to support me on September 8, 2006.
SEE ANNEX-H
9.) That, after these retreat, they never ran-out of scheme to oppress and exploit me,
being a very poor PWD, that ever The Public Attorneys office refused to help us.
Accused me of being lazy, loafer, with poor performance, reassigned to the freedom
Park on July 26, 2006- Mr. Warlito Caf and Paulino Raul Electona took over my
vacated area, the two never swept/cleaned there even once, and Mr. Caf was even
promoted to Worker-II.
SEE ANNEX-I
10.) That, less than a year, I was transferred to Aqua on July 16, 2007 under former
immediate supervisor and timekeeper, Mr. MarezRamirez, Administrative OfficerIV with the same accusations as poor performance and lazy, which are all false,
since I even worked during Saturday, Sunday, and Holidays, Mr. Lozada even
helped me from 1997-2007, on a good Friday, examined your conscience Mr.
Lozada over these issues. If that was my performance, why did I received my
Productivity Incentives Bonus (PIB) and Performance Enhancement Incentives
from 2007-2012?
SEE ANNEX-J
11.) That, I was even harassed on orders of the then Assistant PGSOfficer, Patrimonio,
commanded former Security Guard, Cafino, to confiscate my bolo, that I intent
carpenter Solibio to sharpen it in our office shop. That eventually, all my bladed
tools were lost on 2010; even if my cabinet is just in front of the guards station in
Aqua.
12.) That, when I reported to Aqua Center, its frontage was like Smokey mountains, a
dumpsite also fronting Sidlakang Negros office, as if no workers assigned to clean
there, but there are more than 10 laborers, who actually loaf and falsified their
DTRs; the following should be investigated:
a. Maribel Nuique
b. Santiago Dela Cruz
c. Antonio Patula
d. Rolando Barrera
e. ChrisleePiero
Together with former Timekeeper, AO-IV, Mr. Marez Ramirez and PGSOfficer,
Engr. Patrimonio, which I reported to the latter but no action against them.

SEE ANNEX-K
13.) That, in only 7 days I restored the cleanliness and order on that area, now being
maintained by Super Master General Services worker. The then board Member, and
now Governor, Roel Degamo appreciated my performance with a two thumbs-up
signed on that month of July 2007.
14.) That, my estranged father-in-law, then Board Member and now City Councilor,
Atty. SaletoErames, called up PGSOfficer Patrimonio, accused me of gallivanting
during office hours on May 14, 2010, when he witnessed me inspecting a cargo
truck loaded with logs in Camanjac, threatened to file a case of usurpation of
authority, and have me dismissed by the late Governors, Macias and Perdices, now,
Governor Degamo, which he miserably failed since I am still in the government
services. Atty. SaletoErames, who can tell LIES with a straight face, went to the
extent of calling us, Virgilio, Jannette, Kristina Casandra and Miguel Antonio
Zerna, as BEGGARS, INSANE, AND INGRATES, and ACCUSED US, as the
ONES WHO CAUSED THE DEATH of his late wife, Mrs. Sylvia VergaraLogronioErmaes. Which he, Atty. SaletoErames carelessly sent his handwritten,
original letters by mails, received by my deaf-mute wife, Emilaine in Buao, Xerox
copies to me, at PGSOffice, Jannette at TELETECH, Kristina Casandra at RTPM
Dumaguete Science High School and Miguel at COSCA, that we kept the original
letters for future court proceeding as irreversible evidence against Atty.
SaletoErames, who, up to this time, did not file homicide/murder case against us;
but only LIBEL case against me, Virgilio.
SEE ANNEX-L
15.) That, I was a hit-and-run victim on March 28, 2010 at 1 :00 a.m. in front our
Buao house hit by a motorcycle and on December 2, 2011 E.J. Blanco Ext.,
sideswiped by MCH that dilated my left and right kidneys, which is how a
debilitating illness. That, on December 24, 2011 informed the PGSOfficer
Patrimonio over my state of health then to Governor, Roel Degamo. That, Governor
Degamo ignored my request for a 30 days monetization of leaves credits thrice on
April 2012, May7, 2012 and June 17, 2012 so I can go to NKTI or National Kidney
Transplant Institute.
That, I tried to personally explain to the PGSOfficer, the reasons why I leaved Aqua
area after cleaning to avoid fistfight with those bullies, and those armed security
guards on July 2, 2011 accusing me of stealing my own faucet and said clear and
present danger existed to date that I was almost hit to death with 2x2x3 coco lumber
by Antonio Patula on April 27, 2014 for a flimsy reason that I pick-up 2pcs 1x1x6
lattice he allegedly owned, to no avail. That, I have answered him on October 11,
2012 that, why singled me out of that scheme, while co-laborers come and go as
they please.
SEE ANNEX-M
16.) That, I refused to copy his prepared daily time records from September 2012 to
July 2013 since it is falsified, based on hearsay, since those guards in aqua and even
GSO also leaved their stations to roam around their entire area of responsibilities,
the Governor, Lorenzo Teves Aqua Complex is huge. And I dont have intentions to
loaf, gallivant, absent and be tardy, I have valid reason, avoid bloodsheds, and
terminally sick, which all my internal organs, heart, liver, stomach, kidneys and the
brain are now ruined.
SEE ANNEX-N
17.) That, I requested Governor, Roel Degamo for a reassignment a workplace
conductive to good health on November 9, 2013 which, I was ridiculed and vilified
as insane person with a dirty finger pointed to my face then to his head on
November 20, 2012 around 9:00 A.M. at the Governors house, the Governor with

PGSOfficer Patrimonio, both laughed together, witnessed by my deaf-mute wife.

The Governor threatened to terminate me if I refused to go back to Aqua; I was
intimidated and lost self-esteem. The Governor has plenty of armed bodyguards
around. I humbly followed so as not to be accused as defiant to authority, even if I
felt dying from heatstroke to date (October 2014), a mere 5-minute sun exposure.
Then, requested again on February 10, 2014 without any answer, these instances are
violation of section 39-40 of R.A. 9442 and section 8 of R.A. 9485.
SEE ANNEX-O
18.) That, my deaf mute wife have 3 precious operations, tubal ligation, appendectomy
and total hysterectomy that she is on maintenance medication, oftentimes, we rush
her to a doctor on October 22-26, 2012 which we forgot to secure immediately
medical certificate because of extreme poverty and our son who was attacked
suffered busted lip on October 13, 2012 have fever the following week so, I was
absent on those dates. The remark of PGSOfficer Patrimonio is like he is engaging
me to a fistfight that cannot empathize with his victims; we are all hungry and sick.
Also, I slipped in the Aqua dug-out on July 15, 2013 and this 2014; the legs of the
monoblock chair accidentally cut off which made me fell flat back on Coliseum
cement and caused me to vomit last July 17, 2014 and be confined in Negros
Oriental Provincial Hospital from July 18-25, 2014. Another work-related sickness
learned only about 6 months rehabilitation from Provincial Jail Warden
JoselitoBito-on Jr. these months.
SEE ANNEX-P
19.) That, I walked 3 kilometers without breakfast so I can report to work but my body
game-in from so much hunger and sickness, that, if I am absent, my childrens are
also absent in school, no money for buying foods, medicines and transportation.
Attached is the attendance and report card of son Miguel.
SEE ANNEX-Q
20.) That, I vehemently denied confronting angrily those security guards who are
armed, Im NOT INSANE to do that, some might be trigged happy. Their #9
statements are false and perjurious like the PGSOfficer#8 affidavit. That,
PGSOfficer, Engr. Berchmanns Patrimonio letter dated October 9, 2012 to the
Provincial Accountant, Mr. Teodorico Reyes is tainted with cruel intentions, that I
be dropped from the payroll which The Provincial Accountant, Mr. Reyes, did.
That, I dont received salaries, bonus, etc. from September 2012 to date October
2014, even if I have submitted my DTRs with medical certificates that is required
to support such leaves of absences. I am already punished or penalized without a
trial. I learned of the existence of said letter, only after I was informed by
compassionate officemates and was already dropped of the payroll and reluctantly
furnished by Administrative Assistant Mr. DjangoColina after I demanded it from
Administrative Officer I, Mr. MedardoBato, who challenged me to go to to court
and file a case against them.
SEE ANNEX-R
21.) That, its not my entire fault I submitted very late my DTRs and applications for
leaves of absences, Mr. MenardoBato never furnished me monthly my DTRs, per
verbal request and even refused to accept my letter request dated July 15, 2013 and
November 3, 2013 and challenged me to go to court file any case you want. That, I
was also not furnished my DTRs from January 2014 to September 2014 by
him(Bato) it gravelly prejudiced the processing of my salaries, and I dont know the
reason why.
SEE ANNEX-S
22.) That, I dont go anymore to a Doctor of Medicine starting February 2012 to July
17, 2014 since any oral medicines they prescribed results to dying feeling for me,

my heart, liver, stomach and kidneys are like being stabbed with a sharp knives so, I
ran to our local physical therapist, Mr. JovinoObasa, once every week, he
performed therapist session and I felt relief.
SEE ANNEX-T
23.) That, PGSOfficer Patrimonio pressure to copy his prepared DTRs that I refused
to follow since it is falsified, he forgot Luke: 8-17 was exposed by my April 1-30,
2013- that me being absent and having no biometric records on April 19, 2013 is
plain FALSIFICATION, pure and simple, since I have biometric records 8:02:52
11:57:36 A.M., and Governor Roel Degamo witnessed me around 10:00 A.M. on
that date cleaning my area.
That, me, being not seen whole afternoon on April 22-26, 2013 is another big lie
since I was there cleaning and scavenging to sell the empty mineral bottles sell
which were abundant since the PalarongPambansa 2013, and Governor Roel
Degamo witnessed me again on April 25, 2013 around 1:30 P.M. And Aqua
Guards Dennis Ledon and Henry Asturas actually witnessed me scavenging and
cleaning my area on those dates, April 22-26, 2013 until past 5:00 P.M. since there
was free breakfast, lunch and dinner for all workers.
SEE ANNEX-U
24.) That, the PGSOfficers motive, I can surmise, is hatred that bore ill-will towards
me way back from 2006 as can be gleaned from his MEMOs. And conspiracy to
EXPLOIT and OPPRESS is evident, all accused coordinated since I am a Person
With Disability (PWD), totally deaf, who is very poor and who have no lawyers that
would want to help me and who cannot find a single ally in my officemates, which is
why they can exploit and oppress me. Their actions are more eloquent than words,
ma-o kiniatobuhatonkaniya; I am always at a disadvantage. I am gravely prejudiced,
my creditors FCB, DCCCO, PHCCI, GSIS, etc. which I have debts that ran all up to
P400,000.00 more or less are suing me left and right. That, I sold plenty of things for
myself, my wife and my children to survive, like our Panasonic Refrigerator that was
purchased at P20,000.00, our 3 door panels costing P3,000.00 each and all my Levis
pants that I bought in ukay2x stores. We are now reduced as beggars and ill-clad;
lived or subsisted through dole outs from compassionate friends like Mayor
Sagarbarria. Vice Mayor Maquiling, Councilors Manuel Patrimonio, NiloSayson,
Peter Catan and Lani Ramon, Mrs Wilma Padilla(Head BAC Secretariat), Mrs.
MyleneMapeso, Ms. CliniaNadinaCalumpang (PTO Clerk), Engr. Kent Martinez,
former PAL Manager Mr. and Mrs. Vernon Banogon, Engr. Michael Logronio, etc.
gave us one to three thousand pesos each everytimewe approach them for help; we
never went home empty-handed not even once; may God bless them. And now, our
youngest son, Miguel Antonio, stopped schooling, since we are hungry and starving
to death almost every day. The respondents cannot empathize with their victims,
which deeds are beyond measure. These are physical, emotional, psychological and
economic torture.
SEE ANNEX-V
25.) That, what Provincial General Services Officer Engr. Berchmanns Patrimonio
did are contrary to Title III (f) and paragraph z of I.R.R. of R.A. 7277 amended
by R.A. 9442. Then PENALIZED/PUNISHED first, informed latter the CSC Rules
and Regulations that I should strictly observe or follow; and his selective
application of Civil Services Rules applied only to one PWD worker, is plain abuse
of power, authority, discretion, and grossly unfair. So, I am most respectfully
requesting the Hon. Deputy Ombudsman of the Visayas to direct Governor Roel
Degamo and the PGSOfficer, Engr. Patrimonio to process my salaries, etc. and the
accused to compensate me jointly P3,000,000.00 (three million pesos) as civil and
moral damages, and go to jail with the maximum penalty.

I hereby affix my signature this 29th day of October 2014 in the City of
Dumaguete, Philippines.
Virgilio R. Zerna
Affiant
Subscribed and sworn to before me this ___ day of October 2014, in the City of
Dumaguete, Philippines.
Prosecutor
Certification
I hereby certify that, I have personally examined the affiant, that he understood
his affidavit and executed the same freely and voluntarily.
Prosecutor

October 29, 2014

Hon. Atty. Carla JurisNarvios-Tanco

Acting Director
Deputy Ombudsman for the Visayas
Old Department of Agriculture Compound,
M. Velez St. Cebu City

Dear Madame:
I am most respectfully filing this complaint against Engr. Berchmanns N.
Patrimonio, Provincial General Services Office of the Provincial Government of Negros
Oriental; COMMANDER Security Guards Dennis Ledon, Henry Asturas, Fernando
Esturas, Joey Cabog, Jaime Buscato, and Jesus Melon, can be served with summons at
COMMANDER Security Agency, Boloc-Boloc, Sibulan, Negros Oriental. Thesecolaborers Maribel Nuique, Santiago Dela Cruz, Antonio Patula, Rolando Barrera,
ChrisleePiero and former timekeeper Administrative Officer-IV Mrs. Marez Ramirez,
who can be served with summons at Capitol Area, Dumaguete City,Negros Oriental,
should also be investigated. For committing acts in violation of the provision of Art. 171
Falsification of the Revised Penal Code of the Philippines as amended and for
Dishonesty, Grave Misconduct and Prejudicial to the Best Interest of the Service under
the Civil Service Law.
Attached here with and forming part of this complaint is my affidavit, together
with its pertinent annexes and attachment detailing the manner in which the offence on
several occasions and with evident bad faith and grave abuse of discretion and authority
was committed by the accused with impunity.
It is further prayed that the above-mentioned public respondent be preventively
suspended pending investigation of this compliant pursuant to Sec.24 of R.A 6770 (The
Ombudsman Act of 1989) and such other reliefs and remedies as may be deemed just and
equitable under the circumstance are likewise prayed for.
IN WITNESS WHEREOF, I have hereunto signed this compliant this 30 th day of
September, 2014, at Dumaguete City, Philippines.
Signed: Virgilio R. Zerna

Republic of the Philippines

City of Dumaguete
AFFIDAVIT
I, EmilaineZerna y Erames, 53 years old, married, and a resident of Buao, Dumaguete
City, after being duly sworn to an oath, hereby deposed and state the following;
1.)

That, I am a Person With Disability (PWD) being totally deaf-mute from the age of 3
years and to date, that, I was actually present on November 20, 2012 between 9:00-10:00
A.M. at the Governors House, Capitol Site, Dumaguete City, and witnessed personally how
Governor Roel Degamo and PGSOfficer Berchmanns Patrimonio ridiculed and vilified my
terminally sick and deaf husband, VirgilioZerna. Governor Degamo pointed a dirty finger to
my husbands face then to his, Governor Degamos head and turned said finger indicating my
husband is INSANE, and both the Governor and PGSOfficer laughed together. For the
reasons my husband requested a reassignment to Praxevilla Tennis Court, a workplace
conductive to his health. That, we lost self-esteem and intimidated, considering the Governor
have plenty of armed bodyguards.

2.)

That, during this meeting, Governor Degamo and the PGSOfficer Patrimonio threatened
to terminate or dismiss my very sick husband through writing in a piece of paper which
Governor Degamo held back said paper, they pressured my husband to go back to Aqua Area
which he, my husband, followed so that he will not be accused as defiant to authority even if
said assignment is not conductive to my husband, who felt like dying from heatstroke even
just for a few minutes of sun exposure. His life-threatening illness, being in the brain area.
See attached medical records my husbands complaint files. ANNEXES-B, E, F and N.

3.)

That, I also requested through writing to Governor Degamo on January 13, 2014
requesting financial assistance for our subsistence (good for a month) since my husband was
not paid salaries, etc. since September 2012 to date, and human treatment to a PWD worker,
but all fell on deaf ears, was never answered. We are starving to death by hunger almost
daily, this is a physical, emotional, psychological and economic torture. What Governor
Degamo, PGSOfficer Patrimonio et.al did is also plain OPPRESSION and EXPLOITATION
to Persons With Disability (PWD) pure and simple, contrary to Sec. 39 and 40 of R.A. 9442
and Title III (f) and paragraph 2 of I.R.R. of R.A. 7277 amended by R.A. 9442, the Magna
Carta for Disabled Persons. The maximum penalty should be imposed to them, and go to jail
and pay damages as stated in my husbands complaint/affidavit.

I hereby affix my signature this 29th day of October 2014 in the City of Dumaguete,
Philippines.
Emilaine E. Zerna
Affiant
Subscribed and sworn to before me this ___ day of October 2014, in the City of
Dumaguete, Philippines.
Notary Public
Certification
I hereby certify that, I have personally examined the affiant, that he understood
his affidavit and executed the same freely and voluntarily.
Notary Public

Republic of the Philippines

City of Dumaguete
JOINT AFFIDAVIT
We, Virgilio R. Zerna and Jikni J. Noble, both of legal ages, the former, married and
resident at Buao, Dumaguete City, the latter ,single, and a resident of Cangmating, Sibulan,
Negros Oriental, after being duly sworn to an oath, hereby, deposed and state the following;
1

That, I, VirgilioZerna, is a Person With Disability (PWD) being totally deaf on both
ears from May 3, 1980 to date, who applied personally for work to the late Governor,
Emilio Macias II, was hired on July 8, 1993 as permanent laborer-1 by virtue of R.A.
7277, amended by R.A. 9442, the Magna Carta for Disabled Person, so we will be a
productive member not as mendicants to our society.
SEE ANNEX-A

That, on January 2006, the then assistant Provincial General Services Office, Engr.
Berchmanns N. Patrimonio assumed office, then appointed Provincial General
Services Office on 2010 which position he held to date. That , from January 2006 to
date, I never seen him log-in and log-out in the Time books and now, the biometric
time recording which to the best of my knowledge and belief is prohibited in our Civil
Services Rules, as government servants paid by taxpayer.

That, one early morning on first week of April 2010, when I reported to work, I found
the PGSOfficers Daily Time Records for the month of March 1-30, 2010 with
officemate, Mr.Aurelio J. Lomedas biometric printout and DTR scattered on the floor,
which I gave Mr. Lomedas copy when he arrived and placed the officer DTR on a side
cabinet, was untouched for almost 3 long years there.

On that moment, Im AGHAST to see the PGSOfficers never incurred a single minute
of Tardiness; all are printed 8:00-12:00 and 1:00-5:00 considering that he usually
arrived past of 8 A.M. and 1:00 p.m. way back from February 2006. The private
security guard of the then TOP COMMANDER SECURITY 2006-2009; then
Quiambao Security Agency, 2010-2013, now, TOP COMMANDER SECURITY2014
have Time books, recording the actual time of arrival and departure of the PGSOfficer
and his Assistant Officer and a CCTV was also installed 2010 to date.
SEE ANNEX-B

That, I am most respectfully requesting the Honorable Ombudsman who is in the

position to direct the PGSOfficer Patrimonio and the Security Agencies, to produce
those time recording instruments, to determine the truthfulness over his submitted
daily time record.

That, I, Virgilio R. Zerna, was being monitored daily by those guards assigned in Aqua
and GSO, that, they marked me absent and no biometric records on April 19, 2013
Friday morning which is plain FALSIFICATION pure and simple since I have
biometric records, log-in at 8:02:52 and log-out at 11:57:36. And I was also physically
present, morning and afternoon on April 22-26, 2013 cleaning and scavenging empty
mineral bottles for sales because, the PalarongPambansa 2013 was ongoing. Governor,
Roel Degamo, actually greeted me around 10:00 A.M. on April 19, 2013 and on April
25, 2013 around 1:30 p.m. Aqua and GSO guards marked me not seen in the entire
afternoon of April 22026, 2013, but Aqua guards, D. Ledon and H. Asturas actually
saw me from 1:00-5:00 P.M. on those dates. Processing of my salaries is jeopardized,
no pay for 2 years now, Im gravely prejudiced, they should compensate me jointly
two million pesos.
SEE ANNEX-C