Republic of the Philippines

Local Government of Sorsogon

OFFICE OF THE SANGGUNIANG PANLUNGSOD
Sorsogon City

JOHN BENEDICT J. ASUNCION ADMIN. CASE NO. 7862

Complainant

--- Versus --- For: Violation of the Anti-Red Tape Act, or

Republic Act No. 9485
ARNIE D. OLIVA
(In his capacity as Regional Director,
Department of Public Works and Highways
(DPWH), Region V)
Respondent
X--------------------------------------------X
COMPLAINT AFFIDAVIT
I, JOHN BENEDICT J. ASUNCION, Filipino, of legal age, married, and a resident
of 123 Piot Sorsogon City, after having been duly sworn in accordance with law,
do hereby depose and state:
1. This affidavit is executed to establish the grounds for an
ADMINISTRATIVE complaint against ARNIE D. OLIVA, Regional
Director, Department of Public Works and Highways (DPWH), Region V,
for violation of the Anti-Red Tape Act, or Republic Act No. 9485, in the
performance of his official duties.
2. The offenses were committed when respondent OLIVA deliberately
refused to furnish and provide me with certified copies of official documents
in the procurement of three contracts for the implementation of
infrastructure projects in Iloilo City which were directly undertaken by the
DPWH Regional Office which he heads.
3. On January 28, 2020, I wrote addressed respondent OLIVA in separate
letters requesting for these documents for the following projects: a. The
Madarag Bridge widening project; b. The Sorsogon City Convention Center;
c. Road widening of the Benigno Aquino Jr. Avenue (or known as the
"Diversion Road").
4. Copies of these letters, which were dispatched by Registered Mail, are
appended as Annexes "A" for the Iloilo Bridge project, "B" for the Sorsogon
City Convention Center project and "C" for the road widening of the
Benigno Aquino Jr. Ave.
5. The registry receipts issued by the Philippine Postal Office are also
appended as Annexes "D", "E" and "F" for the above-enumerated projects in
the same order.
6. After a lapse of time, and not having received a reply from respondent
OLIVA, I dispatched another letter dated February 19, 2020 reminding him
about my request (copy of the letter appended as Annex "G") a. The postal
return card which acknowledged delivery and receipt of the letter dated
February 19, 2020 is attached as Annex I.
7. Until this time, respondent OLIVA has failed to acknowledge, much less
reply and
8. Such failure of respondent OLIVAis deliberate as he apparently shuns any
attempt to dig into the transactions of the DPWH Regional Office No. 5 in
the procurement and implementation of various infrastructure projects which
reek of corruption.
9. This refusal to act on these THREE (3) legitimate requests from the public
is a violation of Republic Act No. 9485, Section 11, paragraph (a),
subparagraph (2), which states "Failure to act on an application and/or
request or failure to refer back to the client a request which cannot be acted
upon due to lack of requirement/s within the prescribed period.
10. Such actions constitute THREE (3) counts of violations of the afore-
cited provision of Republic Act No. 9485.
11. I am executing this affidavit to attest to the truthfulness of the foregoing
statements to establish the grounds for THREE (3) counts of violation of
 Section 11, paragraph (a), subparagraph (2) of Republic Act No. 9485
against respondent ARNIE D. OLIVA.
_____________________________________________________________
___________

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that

proper disciplinary action be meted on respondent.

Other reliefs, just and equitable, under the premises are likewise prayed for.
Sorsogon City, Philippines. March 12, 2020.

NATANIEL A. BANARES
Counsel for Complainant
Bibincahan, Sorsogon City
Roll of Attorneys No. 59939
IBP No. 1070333; 1-4-20
PTR No. 1961525; 1-7-20
MCLE V Compliance No. 0026368

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, JOHN BENEDICT J. ASUNCION, Filipino, of legal age, married, and a

resident of 123 Piot Sorsogon City, under oath, states:

1. That I am the complainant in the above-entitled case;

 2. That I have caused the preparation of the foregoing complaint;

3. That all the allegations therein are true and correct of my personal
knowledge and based on authentic records;

4. That I certify under oath that I have not commenced any action or filed
any claim involving the same issues in any court, tribunal or quasi-judicial agency,
and to the best of my knowledge, no other claim nor action is pending therein and
that if I should thereafter learn that the same or similar action or claim has been
filed or is pending, I shall report that fact within five (5) days therefrom to the
Court where my aforesaid complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 12 th day of

March 2020 at Sorsogon City, Philippines.

JOHN BENEDICT J. ASUNCION

Affiant

SUBSCRIBED AND SWORN TO, before me this 12th day of March 2020
at Sorsogon City, by the above affiant exhibiting to me her TIN Identification Card
issued by Bureau of Internal Revenue with ID No. 288-129-326-900.

NATANIEL A. BANARES
Counsel for Complainant
Bibincahan, Sorsogon City
Roll of Attorneys No. 59939
IBP No. 1070333; 1-4-20
PTR No. 1961525; 1-7-20
MCLE V Compliance No. 0026368
Doc No. 145
Page No. 38
Book No. XXXI
Series of 2021

Copy furnished:
Arnie D. Oliva
Regional Director,
Department of Public Works and Highways
(DPWH), Region V