REPUBLIC OF THE PHILIPPINES

9TH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch ___, Dipolog City

_________________________________
Petitioners,

- versus - Civil Case No. ______

For Injunction with
Prayer for
Preliminary
Injunction/Tempora
ry Restraining Order
Gov. Roberto Y. Uy, of Zamboanga
del Norte Office of the Provincial
Government of Zamboanga del Norte
Respondent,
x----------------------------------------------x

COMPLAINT

PETITIONERS, thru counsel, and unto this most honorable

court, respectfully avers that:

PREFATORY STATEMENT

Without having two weeks pass from his own and his ife’s loss
in the 2022 elections, the now outgoing Governor of the
Province of Zamboanga del Norte, Gov. Roberto Y. Uy, is
initiating procedures in order to proceed with what will go
down in the annals of history to be the most despicable and
blatantly bitter act of an outgoing local chief executive and
that is to make massive and in bulk donations of several high
value and very much needed government properties owned by
the province, to his political allies only to the great and
unsurmountable detriment of the province he is about to
leave.

Hence, this entire suit is not merely a suit by the named

youths but is a suit of all young people who reside in this
province, and who depends on the resources of this province
for their future.

This is a suit of hope. Hope for a future that is being forcefully

taken away from them.

1
 NATURE OF THE PETITION

This is a Complaint for Injunction seeking to prevent the

Provincial Governor from entering into Donations over Several
Properties which will be hereunder enumerated, with the
Sangguniang Panlalawigan of Zamboanga del Norte (“SP
Zamboanga del Norte”); these donation are without just cause
and unwarranted by. The circumstances actually present.

By virtue of the sly and secretive nature by which the actors

relied on by the Governor Uy, it is of utmost importance that
there be preliminary injunctive relief to bar the respondent
from entering these donations.

TIMELINESS OF THE PETITION

1. On and before May 23, 2022, several requests, certified

as an urgent matter, from the Provincial Governor of
Zamboanga del Norte, Roberto Y. Uy, was treated by the
Sangguniang Panlalawigan of Zamboanga del Norte not
as a named agendum in that day’s session (which is
made public), but surreptitiously added as an “Other
Matter” by the said board.

2. With the approval of the request for authority made by

the Sangguniang Panlalawigan on May 23, 2022, even
though such is wrought with legal defects, and that no
contract is yet to be entered into, this complaint is
neither barred by prescription, laches nor mootness.

PARTIES

3. The Petitioner _______________, is Filipino, of legal age,

single, and a resident of Barangay __________, Dipolog
City; Petitioner _______________, is Filipino, of legal age,
single, and a resident of Barangay __________, Dipolog
City; Petitioner _______________, is Filipino, of legal age,
single, and a resident of Barangay __________, Dipolog
City. Herein Petitioners are Youth of the Province of
Zamboanga del Norte being residents thereat and tax-
payers in each of their individual capacity. Their legal
standing springs from the fact that they are directly
negatively affected if the acts sought to be restrained and
ultimately prohibited will be allowed to prosper.

4. The Respondent is Governor Roberto Y. Uy of the

Province of Zamboanga del Norte, married, of legal age,

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 who is a resident of Dipolog City and can be sent
summons at his office address at the Provincial Capitol
Building, Dipolog City.

5. The Respondent is herein sued to be enjoined in his

official capacity.

FACTS OF THE CASE

6. To reiterate, sometime on or before May 23, 2022, several

requests, certified as urgent matter, from the Provincial
Governor of Zamboanga del Norte, Roberto Y. Uy, was
treated by the Sangguniang Panlalawigan of Zamboanga
del Norte event though these items where not a named
agendum in that day’s session agenda (which is made
public), but surreptitiously added as an “Other Matter”
by the said board. These requests are attached as
Annexes “A to D” with their corresponding sub-markings.

7. The aforementioned requests in the immediately

preceding paragraph are requests for authority and
consent from the Sangguniang Panlalawigan for the
execution of DEEDS OF DONATION without cost of the
following properties of the Province of Zamboanga del
Norte to several local government units within the
former’s jurisdiction:

I- From the Provincial Government of Zamboanga del

Norte to the City Government of Dipolog City as
contained in Annex “A”1:

a. One (1) unit Phaco-Emulsification Machine-

Switzerland;
b. One (1) unit LCD Chard Projector-Japan;
c. One (1) unit Photocoagulator Laser Machine;
d. One (1) unit Photodistruptor Lase with SLT
Machine;
e. One (1) unit Indirect Opthalmoscope-Germany;
f. One (1) unit Ultrasound Biometry-USA;
g. One (1) unit Auto-refractormeter/auto-
keratometer Machine-Japan;
h. One (1) unit Slit Lamp-Switzerland;
i. One (1) unit Ophtalmic Surgical Table-USA;

1
Letter from Provincial Governor to the Honorable Presiding Officer and Members of the Sangguniang
Panlalawigan dated May 19, 2022

3
 j. One (1) unit Opthalmic Surgical Operating
Microscope-Switzerland/Singapore;
k. One (1) unit Plasma Sterilizer;
l. Fifteen (15) units Dialysis Machine;
m.Fifteen (15) units Dialysis Chair;
n. Two (2) UNITS Dialysis Reprocessor; and
o. One (1) unit Reverse Osmosis.

II- From the Provincial Government of Zamboanga del

Norte to the City Government of Dipolog City as
contained in Annex “B”2:

HILUX 2.4 4x4 JMT -2P-001

MAKE: TOYOTA
MODEL: GUN 125 LDTFLXM001
COLOR : FREEDOM WHITE
a. Toyota Hilux
ENGINE NO: 2GDC848259
CHASIS NO: MroDB8CD2M0122830
YEAR MODEL : 2021

HILUX 2.4L 4x4 JMT – 2P-001

MAKE: TOYOTA
MODEL : GUN125LDTFLXM001
COLOR : FREEDOM WHITE
b. Toyota Hilux
ENGINE NO : 2GDC824529
CHASSIS NO :
MroDB8CD1M0122673
YEAR MODEL : 2021
HILUX 214L 4x4 JMT – 2P-001
MAKE : TOYOTA
MODEL : GUN125LDTFLXM001
COLOR : FREEDOM WHITE
c. Toyota Hilux
ENGINE NO : 2GDC824226
CHASSIS NO :
MroDB8CD8M0122668
YEAR MODEL : 2021
HILUX 2.4 4x4 JMT – 2P-001
MAKE : TOYOTA
MODEL : GUN125LDTFLXM001
COLOR : FREEDOM WHITE
d. Toyota Hilux
ENGINE NO : 2GDC827202
CHASSIS NO :
MroDB8CD2M0122715
YEAR MODEL : 2021
e. Toyota Hilux HILUX 2.4 4x4 JMT – 2P-001
MAKE : TOYOTA
MODEL : GUN125LDTFLXM001
COLOR : SUPER WHITE 2
2
Letter from Provincial Governor to the Honorable Presiding Officer and Members of the Sangguniang
Panlalawigan dated May 19, 2022 and received on May 23, 2022.

4
 ENGINE NO : 2GDC5071426
CHASSIS NO : MroDBo183013
YEAR MODEL : 2021

III - From the Provincial Government of Zamboanga del

Norte to the City Government of Dipolog City as
contained in Annex “C”3:

“TCT NO: T-32192

LOT NO: 4-B PLAN
NO: PSD-09-062245
PORTION OF: LOT 6584
LOCATION: BRGY. BIASONG, CITY OF DIPOLOG, PROV. OF
ZAMNOANGA DEL NORTE
OWNER: PROVINCIAL OF ZAMBOANGA DEL NORTE
ADDRESS: PROVINCIAL CAPITOL, DIPOLOG CITY

xxx

BOUNDARIES:
LINE DIRECTION ADJOINING
1-2 NE LOT 6584-A
2-3 SE PROPOSED ROAD 2-
E-1
3-4 SW LOT 1
4-1 NW LOT 5

xxx

AREA: ONE THOUSAND FIVE HUNDRED (1,500) SQUARE

METERS, MORE OR LESS
xxx
“TCT NO: T-12235
LOT NO: 5 SGS-4126
LOCATION: OSMEÑA STREET, BRGY. BIASONG, CITY OF
DIPOLOG. PROV. OF ZAMBOANGA del Norte
OWNER: PROVINCIAL OF ZAMBOANGA DEL NORTE
Address: ZAMBOANGA DEL NORTE CONVENTION AND
EXHIBITION CENTER, ESTAKA, DIPOLOG CITY, ZAMBOANGA
DEL NORTE
xxx

BOUNDARIES:

NORTH - LOT 1,2,3 EAST -

LOT6586
SOUTH - LOT 5 WEST - LOT
6588
3
Letter from Provincial Governor to the Honorable Presiding Officer and Members of the Sangguniang
Panlalawigan dated May 19, 2022.

5
 XXX

AREA: ONE THOUSAND SEVEN HUNDRED SIXTY-NINE (1,769)

SQUARE METERS, MORE OR LESSxxx”

“LOT NO: 5-B PLAN NO: PSD-09-

082352
PORTION OF: LOT 5PCS-09-002812
LOCATION: BRGY. BARRA NOW BIASONG, CITY OF DIPOLOG,
PROV. OF ZAMBOANGA DEL NORTE
OWNER: PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL
NORTE
Address: ZAMBOANGA DEL NORTE CONVENTION AND
EXHIBITION CENTER, ESTAKA, DIPOLOG CITY, ZAMBOANGA
DEL NORTE

xxx

BOUNDARIES:
LINE DIRECTION ADJOINING
1-2 NE LOT 6, SGS-4126
2-3 NE LOT 5, SGS-4126
3-4 NE LOT 4, SGS-4126
4-5 SE LOT6534, DIPOLOG
CADASTRE
5-6 SW ROAD LOT 4, PCS-
09-002812
6-7 NW LOT 5-C, SET BACK
2.00 M. WIDE
FOR WIDENING,
PSD-09-082352

7-8-1 SW, SE LOT 5-A,

PSD-09-082352

xxx

AREA: THREE THOUSAND NINE HUNDRED FORTY-SIX (3,946)

SQUARE METERS, MORE OR LESSxxx”

“LOT NO: 5-C (SETBACK 2.00 M.WIDE FOR ROAD WIDENING

PLAN NO: PSD-09-082352
PORTION OF: LOT 5 PCS-09-002812
LOCATION: BRGY. BARRA NOW BIASONG, CITY OF DIPOLOG,
PROV. OF ZAMBOANGA DEL NORTE
OWNER: PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL
NORTE
Address: ZAMBOANGA DEL NORTE CONVENTION AND
EXHIBITION CENTER, ESTAKA, DIPOLOG CITY, ZAMBOANGA
DEL NORTE

xxx

6
BOUNDARIES:
LINE DIRECTION ADJOINING
1-2 NE LOT 6, SGS-4126
2-3 SE LOT 5-A, PSD-09-
082352
3-4 SE LOT 5-B, PSD-09-
082352
4-5 SW ROAD LOT 4, PCS-
09-002812
5-1 NW BARANGAY ROAD
NOW F. LACAYA STREET

xxx

AREA: ONE HUNDRED SEVENTY-SEVEN (177) SQUARE METERS,

MORE OR LESS
xxx

and

“TCT NO: T-34197

LOT NO: 2-E-1 PROPOSED ROAD
LOCATION: OSMEÑA STREET, BRGY. BIASONG, CITY OF
DIPOLOG, PROV. OF ZAMBOANGA DEL NORTE
OWNER: PROVINCIAL OF ZAMBOANGA DEL NORTE
Address: ZAMBOANGA DEL NORTE CONVENTION AND
EXHIBITION CENTER, ESTAKA, DIPOLOG CITY, ZAMBOANGA
DEL NORTE

xxx

BOUNDARIES:

NORTH – LOT NOS. 2-E-2 & 2-E-3 EAST -

LOT NOS. 2-D, 2-C, 2-B
SOUTH – W BY CALLE ALFONSO WEST -
NW LOT NO. 914-PART
(NOW OSMEÑA ST.)

xxx

AREA: TWO THOUSAND FIVE HUNDRED TWENTY (2,520)

SQUARE METERS, MORE OR LESS xxx”

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 IV - From the Provincial Government of Zamboanga del
Norte to the Municipal Government of Sirawai as
contained in Annex “D”4:

Sirawai Proper, Sirawai, Zamboanga del Norte

covered by TCT No. T-6118 (T-481), Lot No.
1170-PT with an area of 25,728.00 square
meters to the Municipality of Sirawai.

That the above-mentioned parcel of land,

contained various government stractures such
as:

- Rural Health Unith (RHU)

- BEmONC (Basic Emergency Obstretric and Neonatal
Care)
- TTMF (Temporary Treatment and Management
Facility)
- TB DOTS (Tuberculosis Direct Observed Treatment,
Short-Course)
- Two (2) Guest Houses
- Two (2) Motor Pool

8. That the basis of donation are letter requests from Local

Government Units, identifying the need for these
properties.

GROUNDS FOR INJUNCTION

9. The grounds for this complaint for injunction are as

follows:

a. The intended Donations fail to comply with the

substantive requirement that the property should
either be (a) Unserviceable or (b) No Longer Needed
by the donating as provided for under The Local
Government Code of the Philippines (R.A. 7160),
particularly Sec. 381 thereof, which states:

“Transfer Without Cost. - Property which has

become unserviceable or is no longer
needed may be transferred without cost to
another office, agency, subdivision or
instrumentality of the national government or
another local government unit at an appraised
valuation determined by the local committee on
4
Letter from Provincial Governor to the Honorable Presiding Officer and Members of the Sangguniang
Panlalawigan dated May 19, 2022.

8
 awards. Such transfer shall be subject to the
approval of the sanggunian concerned making
the transfer and by the head of the office,
agency, subdivision, instrumentality or local
government unit receiving the property.”5

b. The intended Donation does not have the appraised

valuation by the local Committee on Awards which
is mandated by law to be composed of specific
members, as follows:

“Section 364. The Committee on Awards. -

There shall be in every province, city or
municipality a committee on awards to decide
the winning bids and questions of awards on
procurement and disposal of property.

The Committee on Awards shall be composed of

the local chief executive as chairman, the local
treasurer, the local accountant, the local budget
officer, the local general services officer, and the
head of office or department for whose use the
supplies are being procured, as members. In
case a head of office or department would sit in
a dual capacity, a member of the sanggunian
elected from among its members shall sit as a
member. The committee on awards at the
barangay level shall be the sangguniang
barangay. No national official shall sit as a
member of the committee on awards.”6

10. The law is clear and is affirmed by COA Rules,

particularly the Rules and Regulations on Supply and
Property Management in the Local Government of
October 20, 19927 as amended, which is the base
document for government audit on the aforesaid matter.

11. In this aforesaid COA Circular the concept

contained and enshrined in Art 381 of the Local.
Government Code as earlier quoted is echoed in clear and
unambiguous manner so that, to quote:

“Property which has become unserviceable or

no longer needed by any local government unit.
5
Emphasis Supplied
6
R.A. 7160 (1991)
7
COA Circular No. 92-386

9
 May be transferred without cost to another
government office, agency subdivision, or
instrumentality at an appraised valuation
determined by the local Committee on Awards”8

12. It is the burden, therefore of the entity wanting to

make such a transfer to comply with the requirement of
law and prove that the. Property is either unserviceable
or no longer needed by it.

13. However, it would seem that the exact opposite had

transpired.

14. The justification on the letters attached herein all

allude to the fact that the donations are made so that the
receiving LGU can enjoy its use – this obviously means
that the properties to be donated are in fact
SERVICEABLE.

15. On the other hand, the documents filed by the

Governor with the Sangguniang Panlalawigan failed to
show that the Province does not need these properties
when in fact, there properties are still needed by the
provincial government.

16. It is only but proper that the Governor be enjoined

and prevented from entering such illegal donation
without the factual circumstances aligning with propriety
and public policy.

WITNESSES TO BE PRESENTED

The Petitioners intend to call the following witnesses for the

following purposes:

1. Dr. Esmeralda Nadela by Subpoena Duces Tecum ad

Testificandum, who is the Provincial Health Officer, to
testify to the circumstances surrounding the Hospitals
managed and controlled by the Province of Zamboanga
del Norte.

8
Rule 25, Section 185 of COA Circular No. 92-386

10
 2. Zamboanga del Norte Medical Center (ZNMC) Dialysis
Center In-Charge, by Subpoena Duces Tecum ad
Testificandum, who will describe the state of the Dialysis
Center of ZNMC.

3. Zamboanga del Norte Provincial Head of the Provincial

Motorpool or his representatives, by Subpoena Duces
Tecum ad Testificandum, who will describe the state,
number and circumstances of Motor vehicles of the
Provincial Government of Zamboanga del Norte.

4. Dipolog City Head of the City Motorpool or his

representatives, by Subpoena Duces Tecum ad
Testificandum, who will describe the state, number and
circumstances of Motor vehicles of the Dipolog City
Government.

5. Hospital Administrator of Corazon C. Aquino Hospital

(CCAH), by Subpoena Duces Tecum ad Testificandum
who will describe the state, number and circumstances of
the available and functional facilities of the CCAH.

6. Municipal Health Officer of Sirawai, Zamboanga del Norte

by Subpoena Duces Tecum ad Testificandum who will
describe the state, number and circumstances of the
available and functional facilities of the Rural Health Unit
of Sirawai, Zamboanga del Norte.

7. Victoria Z. Angay, Records Officer III of the Sangguniang

Panlalawigan, by subpoena duces tecum and ad
testificandum, to verify Annexes “A-D” of herein petition
and to prove their existence and authenticity.

8. There will be other witnesses who are to be reserved s the

need arises.
OBJECT AND DOCUMENTARY EVIDENCE TO BE
PRESENTED

The Petitioners intend to call the following witnesses for the

following purposes:

1. Annexes A to D which are attached herein shall be

presented to prove their existence and that the Provincial

11
 Governor did in fact formally initiate moves execute the
donations of the herein listed properties.

2. Resolution of the Sangguniang Panlalawigan, on their

decision on May 23, 2022 to give authority to the
Governor to enter the donation which will prove that this
complaint is timely and necessary.

3. All other documentary exabits which be brought by

witnesses in line with their subpoena duces tecum is
herein reserved as well as other documents that may
become necessary in the course of the proceedings.

PRAYER

WHEREFORE, it is respectfully prayed that pending the

proceedings in the action, a preliminary injunction be granted
ordering the respondent Gov. Roberto Y. Uy to desist and
refrain from entering into any Deed of Donation or
Conveyance/Transfer without cost, and that after due notice
and hearing, a permanent injunction be issued, commanding
said respondent to desist absolutely and perpetually from
entering into any Deed of Donation or Conveyance/Transfer
without cost (in the action or matter in question), with costs.

Incidental reliefs as law and justice may require are

likewise prayed for.

Dipolog City, Philippines, this 27th day of May 2022.

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