Republic of the Philippines

OFFICE OF THE SANGGUNIANG PANLALAWIGAN

Palayan City, Nueva Ecija
DR. PAOLO NONATO ADMIN CASE NO. 01-S-2020-
C. NACIONAL, MD., SPNE
Complainant, Grave Abuse of Authority, etc.

-versus-

DAVID ANGELO R. VARGAS,

Respondent.
x………………………………………x

MANIFESTATION and MOTION

COMES NOW, THE UNDERSIGNED COUNSEL FOR

COMPLAINANT DR. NACIONAL, and to this Honorable Office of the
Honorable Sangguniang Panlalawigan states:

I. BY WAY OF MANIFESTATION

1. During the last hearing of the above-captioned case, it was agreed that
both parties will engage the services of locally-based lawyers in Nueva
Ecija in view of the present national health emergency.

2. Region III, including the Province of Nueva Ecija went through

different levels of community quarantine and as of press time is
presently under MGCQ whereby lawyers are one of the recognized
Authorized Persons Outside Residence (APOR) since legal industry is
one of the permitted industries under GCQ.

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3. Days have interminably passed and the continuation of hearing in this
present case has yet to be scheduled and the time limitations
mandated by law has been practically torpedoed by the continuing
inaction of the Honorable Board.

4. After conferring with Complainant, he intimated to me that he tried to

engage the services of counsel who is based on Nueva Ecija. He
however did not push through with such engagement and he prefers
that the Honorable Board respect the invocation of his right to have
an independent counsel of his own choice. Hence, he is still engaging
the services of this humble representation as his counsel of record
until this case is resolved by the Honorable Provincial Board. With due
respect, to insist the contrary view will only give rise to a
constitutional challenge centering on the disregard of the enshrined
right to counsel of his own choice.

5. Let us not lose sight of the de rigueur and inherently limited period
required by law for the Sangguniang Panlalawigan to resolve and make
a final disposition of the instant administrative case and the
necessarily adjunct and corollary rule that litigants have the right to
speedy disposition of cases before all courts, tribunal and to all
judicial and quasi-judicial bodies.

BY WAY OF MOTION

6. In view of the preference and decision of Complainant to continue

engaging the services of the undersigned, it is respectfully requested
that the Honorable Board would now please schedule the resumption
of the hearing of this case, and will now please set this case for the
required PRELIMINARY CONFERENCE/PRE-TRIAL to preclude
further delays in this case.

RELIEFS

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 BECAUSE OF THE FOREGOING PREMISES, it is respectfully prayed
of this Honorable Office of the Sangguniang Bayan

1. To please take note and spread in the Records, the continuing

appearance of the undersigned as still the engaged counsel of
record for Complainant and,

2. Since it is the call and constitutional prerogative of the

Complainant to continue engaging the undersigned, as his counsel
of choice, to reconsider its legally infirm and questionable and
downright arbitrary requirement last time for both parties to tap
local lawyers in lieu of their present counsels.

3. ACCORDINGLY, it is hereby prayed that the Honorable

Sangguniang Panlalawigan will now please issue forthwith the
hearing dates for the resumption of the pre-trial, trial and
consequently, the resolution of this administrative case.

OTHER RELIEFS, just and equitable, are likewise prayed for.

RESPECTFULLY SUBMITTED at La Trinidad, Benguet, Philippines

for Palayan City, Nueva Ecija, Philippines this 2nd day of July 2020.
________________________
ATTY. HAROLD A. RAMOS
Counsel for the Petitioner
Roll of Attorneys No. 45195; Issued on May 5, 2000
IBP Receipt No.098459; Issued on January 11, 2020
At Dona Julia Vargas Avenue, Ortigas Center, Pasig City, Philippines
IBP Ilocos Norte Chapter
MCLE Compliance No. VI-0025365
PTR No. BGT5756519; Issued on December 27, 2020
At La Trinidad, Benguet, Philippines

033 Sitio Dapiting

Barangay Alapang, La Trinidad, Benguet
e-mail: haroldaramos@icloud.com
Contact No.: 09672668279

With my conformity:
__________________________________
DR. PAOLO NONATO C. NACIONAL

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 EXPLANATION
WHY PERSONAL SERVICE WAS NOT AVAILED OF
AND EXPLANATION OF COMPLIANCE WITH
THE EFFICIENT USE OF PAPER RULE

For lack of material time and due to distance and lack of adequate personnel,
and most importantly, the stringent requirements of social distancing amidst this
time of unprecedented national health emergency, renders personal mode of
service impracticable and a very risky proposition. Hence, a copy of this
MANIFESTATION was furnished by Complainant to the Respondents via
registered mail with return card.

_________________________________
ATTY. HAROLD A. RAMOS
Counsel for Complainant
COMPLIANCE WITH
THE EFFICIENT USE OF PAPER RULE
(SUBMISSION OF DIGITAL COPIES)

In line with the Efficient Use of Paper Rule1, a soft copy of this Petition
along with its annexes were saved in a Compact Disc which is being
simultaneously submitted and filed together with the Sanggunian Panlalawigan-
bound paper.
_________________________________
ATTY. HAROLD A. RAMOS
Counsel for Complainant

Copy furnished:

ATTY. DENNIS ANTONIO2

Counsel for Respondent3
Unit 309 Prince David Condominium
Katipunan, Quezon City

1
AM 11-9-4-SC, promulgated November 13, 2012 by the Supreme Court
2
Notice to counsel is notice to client, hence service to Vargas has been dispensed with.
3
As per lengthy manifestation made by Respondent before the Sanggunian in the last hearing