Republic of the Philippines )

Davao City ) s.s.

X - - - - - - - - - - - - - - - -X

COUNTER-AFFIDAVIT

I, DAERNEYS TARGARYEN, of legal age, single/married,

Filipino, and a resident of Isulan, Sultan Kudarat, Philippines, after
having duly sworn to in accordance with the law do hereby depose and
say that:

1. I am the same DAERNEYS TARGARYEN, the respondent

in the instant case;

2. I am the Vice Mayor of Isulan, Sultan Kudarat, Philippines.

3. I am executing this Counter-Affidavit as a reply and

comment to the Complaint Affidavit of JON T. SNOW.

4. I CATEGORICALLY and VEHEMENTLY DENY the

allegations on my purported violation for the crime of Unlawful
Appointment under Article 244 of the Revised Penal Code and Section
79 of Republic Act 7160.

5. I STRONGLY MAINTAIN that the appointment of my

brother Viserys Targaryen as Sangguniang Bayan Secretary was
lawfully made in accordance with law and jurisprudence.

6. Section 59, Title I of Executive Order 292 otherwise known

as the “ Administrative Code of 1987 provides:

Section 59. Nepotism. -

(1) All appointments in the national, provincial, city and

municipal governments or in any branch or instrumentality
thereof, including government-owned or controlled corporations,
made in favor of a relative of the appointing or recommending
authority, or of the chief of the bureau or office, or of the persons
exercising immediate supervision over him, are hereby
prohibited.

As used in this Section, the word "relative" and members of the

family referred to are those related within the third degree either
or consanguinity or of affinity.

(2) The following are exempted from the operation of the rules on
nepotism: (a) persons employed in a confidential capacity, (b)
 teachers, (c) physicians, and (d) members of the Armed Forces of
the Philippines: Provided, however, That in each particular
instance full report of such appointment shall be made to the
Commission.

The restriction mentioned in subsection (1) shall not be applicable

to the case of a member of any family who, after his or her
appointment to any position in an office or bureau, contracts
marriage with someone in the same office or bureau, in which
event the employment or retention therein of both husband and
wife may be allowed.

(3) In order to give immediate effect to these provisions, cases of

previous appointments which are in contravention hereof shall be
corrected by transfer, and pending such transfer, no promotion or
salary increase shall be allowed in favor of the relative or relatives
who are appointed in violation of these provisions.

7. Undoubtedly, although the appointment was made in favor

of a relative within the third degree of either or consanguinity or of
affinity, the law also provides that “persons employed in a confidential
capacity” is one of the recognized exceptions.

8. In EDUARDO DE LOS SANTOS vs GIL R. MALLARE,

G.R. No. L-3881, August 31, 1950, the Court had the occasion to define a
position that is primarily confidential in nature, through the ponencia of
Justice Pedro Tuason, to wit:

x x x These positions (policy-determining, primarily confidential and highly

technical positions), involve the highest degree of confidence, or are closely
bound up with and dependent on other positions to which they are subordinate,
or are temporary in nature. It may truly be said that the good of the service
itself demands that appointments coming under this category be terminable at
the will of the officer that makes them.

xxxx

Every appointment implies confidence, but much more than ordinary

confidence is reposed in the occupant of a position that is primarily
confidential. The latter phrase denotes not only confidence in the aptitude of the
appointee for the duties of the office but primarily close intimacy which insures
freedom of [discussion, delegation and reporting] without embarrassment or
freedom from misgivings of betrayals of personal trust or confidential matters
of state. x x x
 9. Further, in CORTEZ vs BARTOLOME, G.R. No. L-46629,
September 11, 1980, the Court already declared that the position of
Secretary of the Sangguniang Bayan to be primarily confidential. In
fine, a primarily confidential position is characterized by the close
proximity of the positions of the appointer and appointee as well as the
high degree of trust and confidence inherent in their relationship.

10. Applying the above-mentioned cases from the instant case,

I cannot be held liable for appointing by brother Viserys Targaryen as
Sangguniang Bayan Secretary since the position was classified by law
and jurisprudence as primarily confidential in nature which is one of
the expressly stipulated exceptions from the operation of the rules on
nepotism.

11. Section 469, Title V of Republic Act 7160 provides the

Qualifications, Powers and Duties of the Secretary to the Sanggunian,
to wit:

Section 469. Qualifications, Powers and Duties.

(a) There shall be a secretary to the sanggunian who shall be a

career official with the rank and salary equal to a head of
department or office.

(b) No person shall be appointed secretary to the sanggunian

unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of
a college degree preferably in law, commerce or public
administration from a recognized college or university, and a first
grade civil service eligible or its equivalent.

The appointment of a secretary to the sanggunian is mandatory

for provincial, city and municipal governments.

(c) The secretary to the sanggunian shall take charge of the office
of the secretary to the sanggunian and shall:

(1) Attend meetings of the sanggunian and keep a journal of

its proceedings;

(2) Keep the seal of the local government unit and affix the
same with his signature to all ordinances, resolutions, and
other official acts of the sanggunian and present the same to
the presiding officer for his signature;

(3) Forward to the governor or mayor, as the case may be,

for approval, copies of ordinances enacted by the
sanggunian and duly certified by the presiding officer, in
 the manner provided in Section 54 under Book I of this
Code;

(4) Forward to the sanggunian panlungsod or bayan

concerned, in the case of the sangguniang barangay, and to
the sangguniang panlalawigan concerned, in the case of the
sangguniang panlungsod of component cities or
sangguniang bayan, copies of duly approved ordinances, in
the manner provided in Sections 56 and 57 under Book I of
this Code;

(5) Furnish, upon request of any interested party, certified

copies of records of public character in his custody, upon
payment to the treasurer of such fees as may be prescribed
by ordinance;

(6) Record in a book kept for the purpose, all ordinances

and resolutions enacted or adopted by the sanggunian, with
the dates of passage and publication thereof;

(7) Keep his office and all non-confidential records therein

open to the public during the usual business hours;

(8) Translate into the dialect used by the majority of the

inhabitants all ordinances and resolutions immediately after
their approval, and cause the publication of the same
together with the original version in the manner provided
under this Code; and

(9) Take custody of the local archives and, where applicable,

the local library and annually account for the same; and

(d) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance relative to his
position.

12. Verily, the position clearly in close proximity and intimacy

with the appointing power. It calls for the highest degree of confidence
between the appointer and appointee. The secretary reports directly to
the sanggunian, without an intervening officer in between them. In such
an arrangement, the sanggunian expects from the secretary nothing less
than the highest degree of honesty, integrity and loyalty, which is
crucial to maintaining between them "freedom of intercourse without
embarrassment or freedom from misgivings or betrayals of personal
trust or confidential matters of state. The work involves constant
exposure to sensitive policy matters and confidential deliberations that
are not always open to the public. It is for these reasons that
jurisprudence, as earlier cited, has consistently characterized personal
or private secretaries, and board secretaries, as positions of a primarily
confidential nature.

13. Hence, it is unjust and unfair to implead me as respondent

in this case considering that the appointment made was in accordance
with the law and jurisprudence.

14. I am executing this Counter-Affidavit to attest to the truth

of the foregoing facts and for purposes of dismissing the case against
me.

IN WITNESS WHEREOF, I have hereunto signed this affidavit

this ___ day of __________ 2019 in Davao City, Philippines

DAERNEYS TARGARYEN
Affiant

Assisted by:

ATTY. LEO ARTEMIO A. PUERTOS

SUBSCRIBED AND SWORN TO before me this ____ day of

__________ 2019, affiant having been personally examined by me and
found to have fully understood the foregoing Affidavit and to have
freely and voluntarily the same.

INVESTIGATING PROSECUTOR