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Complaint Affidavit
Complaint Affidavit
COMPLAINT-AFFIDAVIT
I, RENIERIO BALANDRA y JACOT, Filipino, of legal age,
married, and a resident of Western Poblacion, Alburquerque, Bohol,
Philippines, under oath, hereby depose and state, that:
b. Grave misconduct,
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5. Councilor Milo, in her official capacity as Municipal Councilor and as
Member of the Sangguniang Bayan, made the demand for said
amount of money and solicited the lechon from me while I was the
subject of an investigation by the Sangguniang Bayan (SB) of the
Municipality of Alburquerque, in connection with my quarrying
activity within my property located in Barangay Tagbuane,
Alburquerque, Bohol.
6. The details of the demand for the amount of P30,000.00 and the
solicitation of the lechon made by Councilor Milo from me is narrated
hereunder:
11. Then, during the December 12, 2016 Regular Session of the
Sangguniang Bayan of Alburquerque, Bohol, SB members, including
Councilor Milo, summoned me to attend the session to answer queries
with regards my quarry operations. During the said December 12,
2016 Regular Session, Councilor Milo talked to me in private and
took advantage of the opportunity to demand from me the P10,000.00.
She renewed her threats, insisting that my quarry is illegal, and that
the Sanggunian will take legal steps against me if I do not acquiesce
to her demand for money.
13. Again, I was left with no choice but to give in to Councilor Milos
demand for the lechon. I directed two (2) of my workers, Junray
Orevillo and Junry Teves, to cook and prepare one (1) lechon and
deliver it to Councilor Milo. I also asked Junray Orevillo to give to
Councilor Milo the amount of Five Thousand Pesos (P5,000.00) cash
along with the delivery of the lechon.
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15. Likewise attached to this complaint as Annex C is a copy of the
Minutes of the December 19, 2016 Regular Session the Sangguniang
Bayan of Alburquerque, wherein Councilor Milo, manifested on
record and candidly admitted in open session during the Privilege
Hour that she (Councilor Milo) is soliciting the lechon from me,
which the Sanggunian eventually partook with during their Christmas
Party sometime in the later part of December 2016.
17. Councilor Milos demand for money and lechon from me, while I was
the subject of an investigation by the Sanggunian is clearly
established from the foregoing narrative and the attached supporting
affidavits and the minutes of the Sanggunian sessions.
18. Councilor Milo herself narrated in her speech during the Privilege
Hour during the December 19, 2016 Sanggunian session that she is
soliciting lechon from me.
20. Councilor Milo knew for a fact that the Sangguniang Bayan, of which
she is a member, was in the midst of investigating into my quarry
activities and because of which, Councilor Milo exploited my
vulnerability by demanding from me the amount of Thirty Thousand
Pesos (P30,000.00) and then solicited from me one (1) lechon for the
Sanggunians Christmas Party in lieu of the assurance that the
Sanggunian will no longer pursue their investigation and or file legal
action against me. And this is beside the fact that Councilor Milo, as
a member of the SB, has the authority and influence to intervene in
the conduct of the investigation by the Sanggunian into my quarry.
22. Based on the above-narrated facts, Councilor Milo is clearly liable for
a prohibited act and transaction which she committed through
solicitation and acceptance of an amount of money and a gift
(lechon) even despite the fact that there is conflict of interest since the
Sanggunian, of which Councilor Milo is a member, is in the midst of
conducting an investigation on my quarry operations. This act is
prohibited and made punishable under Section 7(d), in relation to
Section 11, of Republic Act 6713, or the Code of Conduct and
Ethical Standards for Public Officials and Employees, which states:
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of competent jurisdiction, disqualification to hold
public office.
(b) Any violation hereof proven in a proper
administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or
employee, even if no criminal prosecution is
instituted against him.
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23. In addition, Councilor Milo should also be indicted and prosecuted for
gross misconduct, grave abuse of authority and for conduct
prejudicial to the best interest of the service.
RENIERIO J. BALANDRA
Affiant-Complainant
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VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
That I have read and do understand the contents thereof; and that to
the best of my knowledge, the allegations therein are true and correct;
That I hereby certify that I have not commenced any similar action
before any court, body, tribunal or quasi-judicial agency involving the herein
case against herein Respondent; and to the best of my knowledge, no such
similar action or claim is pending therein, and that if I learn that there is such
similar action or claim pending, I shall promptly notify this Office and such
court, body, tribunal or agency.
RENIERIO J. BALANDRA
Affiant