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VERIFIED COMPLAINT AFFIDAVIT

We, the undersigned MEMBERS OF THE SANGGUNIANG

PANLUNGSOD OF DUMAGUETE CITY, all of legal age, Filipinos and
residents of Dumaguete City, Philippines, under oath hereby state that:

1. We, the undersigned, are holding office at the Office of the

Sangguniang Panlungsod (hereinafter referred to as “City Council”), City
Hall, Dumaguete City, Negros Oriental, and can be reached with processes
of this Honorable Office at the given office address;

2. We are filing a formal complaint against the following:

Hon. Felipe Antonio B. Remollo (hereinafter referred to as “Mayor

Remollo” for brevity), City Mayor of Dumaguete and Head of Procuring Entity
(HoPE) of the City Government of Dumaguete, with salary grade 30;

Hon. Edgar P. Lentorio, Jr. (“Councilor Lentorio” for brevity), a fellow

member of the Sangguniang Panlungsod (referred to as “City Council” or
“Council”), and a member of the LGU Inter-Agency Task Force per Executive
Order No. 03, S. 2020, with salary grade 25. A machine copy of the
Executive Order is hereto attached as Annex “A” and made part of this
Affidavit;

Dr. Dinno T. Depositario (“Dr. Depositario” for brevity), Assistant City

Administrator, Human Resource Management Officer, with salary grade 23.
It was public knowledge that Dr. Depositario acted as Chief of Staff of the
City Mayor during the COVID-19 crisis.

Patrick Henri George and Dr. Rosana Remollo Habaña, both of legal
age, Filipinos, Mr. George being the proprietor of Aladdin Restaurant and
Café (referred to as “Aladdin”), located at E. J. Blanco Drive, Piapi,
Dumaguete City, and Dr. Habaña is a self-confessed business partner of Mr.
George. Mr George and Dr. Habaña are impleaded as respondents in this
case for conspiring with the public respondents in allowing Aladdin to be
used as a dummy in order to supply food packs to the City Government of
Dumaguete (referred to as “City Government”) and attempted to collect
payment from the City Government. Dr. Habaña is likewise the second
cousin of Mayor Remollo. They can both be served with summons and
processes of this Honorable Office at their business address;

CRIMINAL ASPECT OF THE COMPLAINT:

For violation of Section 3 (e) & (j) of Republic Act 3019 and Section 3 (h) of
the same law in relation to Section 89 (a) (1) of Republic Act 7160 & (j) of
Republic Act 3019, which reads:
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(e) Causing any undue injury to any party, including the

Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his
official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or
permits or other concessions.

(j) Knowingly approving or granting any license, permit,

privilege or benefit in favor of any person not qualified for or
not legally entitled to such license, permit, privilege or
advantage, or of a mere representative or dummy of one who
is not so qualified or entitled.

And

(h) Directly or indirectly having financial or pecuniary

interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.

In relation to

Section 89. Prohibited Business and Pecuniary Interest. -

(a) It shall be unlawful for any local government official

or employee, directly or indirectly, to:

(1) Engage in any business transaction with the

local government unit in which he is an official or
employee or over which he has the power of supervision, or
with any of its authorized boards, officials, agents, or
attorneys, whereby money is to be paid, or property or any
other thing of value is to be transferred, directly or indirectly,
out of the resources of the local government unit to such
person or firm;

ADMINISTRATIVE ASPECT OF THE COMPLAINT:

For GRAVE MISCONDUCT and DISHONESTY against the following:

Hon. Felipe Antonio B. Remollo,

Hon. Edgar P. Lentorio, Jr, and

Dr. Dinno T. Depositario;

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Antecedent Facts

3. On March 30, 2020, the City Council passed Resolution No. 40

allocating Fifteen Million Pesos (PhP15,000,000.00) to fund the item “Other
Operating Expenses of the Programs, Projects and Activities in connection
with the Corona Virus Disease 2019 (COVID-19) Situation.” A machine copy
of the Resolution is hereto attached as Annex “B” and made an integral part
hereof;

4. On April 3, 2020, Mayor Remollo declared the City under

“Enhanced Community Quarantine” (ECQ). Like the rest of the world, more
than a thousand local food businesses with expired or valid mayor’s permit,
ranging from rolling stores, carinderias, fastfood chains, restaurants, food
catering, cafés and the like, closed down, and both employers and workers
lost income. A machine copy of the Executive Order is hereto attached as
Annex “C” and made part hereof;

5. During the ECQ, a number of us City Councilors assisted Mayor

Remollo in addressing his concerns since it was in his office where the
incident command post was set up, and in the field;

6. To our knowledge then, Dr. Depositario was acting as Mayor’s

Chief of Staff, and was oftentimes directed by Mayor Remollo to do things
for him, like selecting the food suppliers for the City’s frontliners, such as
selected city-paid personnel, PNP personnel, barangay tanods and
volunteers, to man the checkpoints and isolation facility, among others;

7. In fact, prior to the declaration of ECQ on April 3, 2020, Dr.

Depositario coordinated with GK Coffee Shop, one of the food suppliers, to
provide meals for volunteers at the Mayor’s Office;

8. We also noticed that Councilor Lentorio was actively involved in

delivering food packs at the designated check points in the City;

9. Also, on June 10, 2020, the City Council passed a similar

appropriation denominated as Resolution No. 222, Series of 2020 allocating
PhP 1,997,479.88 intended to cover operating expenses in connection with
the COVID-19 crisis situation. A machine copy of the said resolution is
hereto attached as Annex “D” and made an integral part hereof;

10. In addition to the allocated PhP15,000,000.00 and

PhP1,997,830.00, Mayor Remollo, thru the City Development Council, made
an additional request for appropriation of Twenty Million Pesos
(PhP20,000,000.00) for “COVID-19 Related Programs, Projects and
Activities and Other Operating Expenses” such as FOOD for the
Community Isolation Unit, Strandees, Medical Frontliners and other
LGU Personnel directly Involved in the Implementation of COVID-19
related programs, projects and Activities, etc. Since the request was
returned to the Executive Department, we only retrieved the Summary of the
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Minutes of the Regular Session on June 17, 2020, a machine copy of which
is hereto attached as Annex “E” and made an integral part hereof;

11. During the legislative discussion of the request for appropriation

of 20 Million Pesos, the City Council questioned the exorbitant amount
allocated for food, particularly the combined amount of PhP15,000,000.00
and PhP1,997,830.00 that were all spent only on meals for the frontliners.
However, the 20 Million Peso request was later withdrawn;

12. The additional request for PhP 20,000,000.00 for food packs only
on top of the previously approved budget of the almost 17 Million Peso
appropriation all utilized for food packs sparked an investigation by the City
Council. Had the same been approved by the City Council, a total of PhP
37,000,000.00 would have been spent only for food packs for frontliners.

The City Mayor transacted with three (3) suppliers, one (1) of
which never had a business permit, to the gross disadvantage of
thousands of registered or licensed food businesses in the City

13. During the investigation, the City Council learned that there were
three (3) food suppliers that were hired by the City Mayor during the period
of ECQ, Modified General Community Quarantine (MGCQ) and General
Community Quarantine (GCQ) or from April 3 2020 to June 15, 2020, to wit:

GK Coffee Stop, with Business Plate: R-10-04408 and Business ID No.:

02-2010-04408 issued on April 22, 2020, who served from April 3 to
30, 2020, with a total claim of PhP3,704,080.00. A machine copy of
the permit is hereto attached as Annex “F” and made part hereof;

JB Rice Box, with Business Plate: J-15-10412 and Business ID No.: 03-
2015-10142 issued on September 24, 2020, who served from April 19
to May 29, 2020, with a total claim of PhP3,105,965.00. A machine
copy of the permit is hereto attached as Annex “G” and made part
hereof; and

Aladdin Restaurant and Café (referred to as “Aladdin”), without any

business permit, served from April 8 to June 15, 2020, with a total
claim of PhP12,288,830.00. After the last day of food delivery and at
the time they began collecting, Aladdin’s business permit application
was fast-tracked, and the permit was issued only on June 23, 2020. A
machine copy of the permit is hereto attached as Annex “H” and made
part hereof;

A machine copy of the City Accountant’s Summary Report of claims of food

suppliers is hereto attached as Annex “I” and made an integral part hereof;

14. A scrutiny on the Routing Slip of Aladdin’s business permit

application, photocopy of which is hereto attached as Annex “J”, revealed
that it obtained clearance from the City Treasurer’s Office only on June 8,
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2020. This shows that Mr. George started processing his business permit
on June 8, 2020 when he paid for his application for a business permit;

15. Based on the Routing Slip, Aladdin was able to register his
business name with DTI only on June 17, 2020 and his BIR Registration on
June 19, 2020. And he obtained his Mayor’s Permit, Annex “H” hereof, only
on June 23, 2020. This shows that Aladdin was able to obtain a business
permit eight (8) days after the last day of its food catering services to the City
Government;

16. While Section 53 (b) of Republic Act No. 9184 allows negotiated
procurement when the City is in the state of calamity, GPPB Circular 01-
2020, dated April 6, 2020, qualifies that the negotiated food supplier must
have at least an expired mayor’s permit and proof of payment of renewal
of permit. The pertinent provision of the Circular reads:

PEs shall require copies of:

a. Mayor’s or Business Permit;

For projects with an ABC above PhP500,000.00:

b. Income Tax Returns (Annual Income Tax Return of the

preceding tax year) OR Business Tax Returns (Value Added
Tax or Percentage Tax Return covering the previous six
months);

c. OSS, which shall be an original copy;

4.4. The PE is allowed to accept a copy of the recently expired

Mayor’s or Business Permit and the Official Receipt as proof of
application and payment for the renewal of the permit will suffice,
subject to submission of the Mayor’s Permit after award of contract.

17. And considering that the Government transaction of Aladdin

reached 12.2 Million Pesos, under the most recent GPPB NPM No. 004-
2020, it is required to present additional documents to be able to transact
with the City Government, which is impossible for it to do so, particularly:

The PE shall require the submission of the applicable documents

in printed copies or by electronic mail or facsimile, at any time before
award of contract or submitted at any time before award of contract or
after award but before payment, thus:

Projects with an Approved Budget for the Mayor’s or Business Permit

Contract (ABC) of Five Hundred Thousand
Pesos (PhP500,000.00) and Below A copy of the recently expired
Mayor’s or Business Permit and the
Official Receipt as proof of
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application and payment for the

Additional Requirements for Projects with Income Tax Returns (Annual
an ABC Above (PhP500,000.00)
renewal of the permit is allowed,
subject to submission of the
Mayor’s Permit after award of
contract.
Income Tax Return of the
preceding tax year) OR Business
Tax Returns (Value Added Tax or
Percentage Tax Return covering
the previous six months)

OSS, which shall be an original

copy and must be submitted before
award of contract.
The PE may accept a copy of an
unnotarized OSS, subject to
submission of the original notarized
OSS after award of contract but
before payment.

In this case, the City Mayor should not have, in the first place, entertained
Aladdin considering that it did not have any of the required documents. Yet,
he allowed an unlicensed entity to do business with the City Government in
direct violation of the GPPB guidelines.

The unwarranted benefit and undue preference to Aladdin

are apparent on the length of service and amount allocated

18. It deserves emphasis that the City Mayor and Dr. Depositario
handpicked first time food suppliers, when on record, it has several long-time
accredited ones. However, there is no record that the City Mayor made any
attempt to contact them so that the PhP 17 Million worth of food services
would have been shared by as many suppliers as it can;

19. Based on the period covering the deliveries and the amounts
allocated to each of the three (3) suppliers, it clearly shows that Aladdin was
granted special preference by the City Mayor. Based on the City
Accountant’s Summary Report, Annex “I” hereof:

Food Supplier Inclusive dates Amount of Claim

GK Coffee Stop April 3 to 30, 2020 PhP3,704,080.00
JB Rice Box April 19 to May 29, 2020 PhP3,105,965.00
Aladdin Restaurant April 8 to June 15, 2020 PhP12,288,830.00
and Café

20. It can also be gleaned in the said report that beginning June 1,
2020, it was only Aladdin serving the City Government. Following the trend,
had the additional 20 Million allocation request for food for frontliners been
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passed by the Council, Aladdin would have enjoyed a 32 Million Peso

contract with the City Government despite it not being qualified;

21. To further show that Aladdin was really preferred over the other
two (2) suppliers, a mere comparison of the allocations given to them within
the same period from April to May 2020 (excluding June 1 to 15) shows that
Aladdin got an allocation of PhP9,950,480.00, while the two (2) others got
only PhP3,704,080.00 and PhP3,105,965.00, respectively. Then in June 1
to 15, 2020, it was all Aladdin for another PhP2,338,350.00;

22. As discussed hereunder, the motive of giving unwarranted

benefit granted to Aladdin becomes manifest through circumstances
showing that public respondents, in conspiracy with one another, used
Aladdin as a front or dummy for some personal financial interest.

On the conspiracy to use Aladdin as Dummy

23. Records bear that on April 6, 2020, Councilor Lentorio introduced

Aladdin to the City Mayor to be one (1) of the three (3) food suppliers. This
fact was confessed to by Patrick Henri George, owner of Aladdin, during the
Executive Session on August 11, 2020, transcript of which is hereto attached
as Annex “K” and made part hereof. The pertinent portion of the transcript
reads:

Councilor Perdices: “Sir Excuse, during ECQ you were open?”

Mr. Patrick Henri George: “Yes sir, we are open to hold. We never close.”

Councilor Perdices: “Thank you.”

Mr. Patrick Henri George: “So we was open that time, then a Councilor, Atty.
Lentorio, came to me if I’m not wrong its around, ah, maybe on April 5 or 6
something like that. He came to me and asked me if I can supply food for
frontliner and he asked me if you can do it. So, honestly it’s my first time.
These were really my first that I’m transacting with this. So I told him that ok,
what they need and he said somebody will gonna call you and if you want I
can put you in the possible list of supply if you can do it. So I just want to know
I really ask details; what is the capacity and what kind of food? So these kinds
of things of course as an owner of, I really want to know exactly.”

Chair: “Where this meeting take placed?”

Mr. Patrick Henri George: “It’s in my place, in Aladdin.”

Councilor Erames: “In EJ Blanco?”

24. Similarly, Dr. Depositario mentioned during the regular session of

the City Council held on August 5, 2020, that he was in charge of selection
of food suppliers at the Office of the City Mayor, and that it was Councilor
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Lentorio who introduced Patrick George, the proprietor of Aladdin to him.

The relevant portion of the transcript reads:

Dr. Dinno Depositario: “Okay. Actually sir, this is my take on the matter.
Being in charge of the command center, I do not take charge of processes
already sir because precisely I don’t want to be a part of financial transactions.
I just coordinate for the Office of the Mayor in terms of we need
additional suppliers so we look for suppliers and then we give it to the
BAC to decide on the matter. X x x x

Councilor Bandal: “Thank you very much, Mr. Chair. Previously during the
past session, your name was mentioned and I would just like to clarify, were
you in any way involved in the selection of, let’s say the suppliers, for food?
Are you privy to any transactions made with the suppliers?”

Dr. Dinno Depositario: “Okay. In so far as the Boy Kanin was concerned sir,
that was only referred to me when he was asking for details as to where do I
go, that was our correspondence. That was when Atty. Mercado already
corresponded with me on those matters. So I had to help out. But in so far
as when April 8 came, because from 12 checkpoints, we increased it to 18
checkpoints; meaning to say additional people concerned. There were more
volunteers then. The concern that we had, specifically Mayor, was how do
we feed them? That was really the bottom line. People who volunteered
should be fed. In our correspondence with Atty. Mercado, he had difficulty
already supplying more from my understanding. We had to get other
suppliers, really. Which the Mayor informed me that try to coordinate for
suppliers but definitely have BAC determine it the same. You know we have
to understand, this is pandemic so this is not the normal. Even suppliers had
difficulty also having personnel there. So it was open — whoever wanted to
come in, suppliers who could come in but it so happened that Aladdin was
the one who came in and we referred the matter to the BAC. Then from there,
wala na kami.”

Councilor Bandal: “Okay. Atty. Mercado earlier mentioned that somebody

approached him or went to his store, would you know who that was?”

Dr. Dinno Depositario: “I’m not a privy to that sir.”

Councilor Bandal: “You’re not a privy to that.”

Dr. Dinno Depositario: “Because if it was me, he would have mentioned

exactly that was me. I would have gladly contacted him because the story is
this — when we started off with our 44-manned command center, the CSWD
was asked by Mayor to prepare the meals for us. Okay. But it so happened
that the number of volunteers, because we were doing passes, the number
of volunteers became bigger. So CSWD was saying na we can no longer,
you know, yung fast ang pagluto and all; because it was breakfast, lunch and
dinner. And then nag shi-shifting yung tao. So, I think the idea of Boy Kanin
came in to the picture — if you could supply for 40 people. Because at least,
hindi namo-problema pag yung CSWD in terms of their distribution sa
checkpoints. Can you just imagine checkpoints? Sila pa magluluto. So I
think that’s why they called the Mayor na, ‘Sir, maglisod gyud mi ani. Because
we have to have cooks…’ And that’s when the idea of the catering came in.”
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Councilor Bandal: “How about Aladdin? Were you personally the one
approached them?”

Dr. Dinno Depositario: “The Aladdin was referred when the Mayor was
asking for additional caterers for the rest of the checkpoints. Councilor
Lentorio, being the Chair for Health (chairman of the Committee on
Health of the City Council), referred the Aladdin and another one, I’m not
sure what was the name. But ang Aladdin ang may capacity to do the
same so when that was referred to us, we referred the same to BAC.”

Copy of the Transcript of Stenographic Notes is hereto attached as Annex

“L” and made part hereof;

25. Apparently, Dr. Depositario repeatedly passed on the blame to

the local Bids and Awards Committee (BAC) for hiring Aladdin to serve the
City Government. However, he cannot deny that during the ECQ, it was him
and the City Mayor who identified which food supplier to accept. JB Rice
Box, one of the suppliers, even mentioned that they did not pass through the
BAC. During the Question Hour of the City Council Session on August 12,
2020, Mr. Jimmy Quiñones and his manager Ms.Cheryl Carballo made the
following revelations:

Councilor Perdices: “There was a bidding conducted?”

Mr. Jimmy Quiñones: “No. We made food presentation and food tasting in
Dinno Depositario’s Office. But just before they were eating and tasting my
food, somebody called the office of Dinno Depositario telling something I
didn’t hear, and right then and there, just before I bid goodbye, Dinno said,
‘I’m sorry Jim, it’s a no no for Rice Box. We will continue with the previous
food caterer’ (GK Coffee Stop and Aladdin). I had to make a poker face as
if I wasn’t devastated. But when I went down the stairs, I want to fall down
because I was thinking it was more of a formality, and then Dinno said, ‘It’s
okay, I can pay for all these 10 or 12 food.’ Ingon ko [I said], ‘No, no, no.
It’s part of our presentation.’ That’s part of our presentation, you don’t need
to pay. So I went back to Rice Box so devastated and oh my God if I heard
that there were like 1,200 meal boxes, I would be happy to serve 300. I
mean if we serve breakfast, lunch or dinner, I could do dinner just for me
because I closed. I observed the national lockdown. The national lockdown
policy was effective April 3 but as early as March 31 because who knows,
the virus is so grabe [worse].”

Councilor Perdices: “So, what transpired na from the rejection and then you
became na a supplier?”

Mr. Jimmy Quiñones: “Okay. I was right there told that it was a no no for
Rice Box. But 2 or 3 days after, we receive the call that we still start
delivering.”

Councilor Perdices: “Call from?”

Ms. Cheryl Carballo: “Actually, we were informed by Jane Arnaiz [City

employee at the City Mayor’s Office] that we will be serving for the volunteers
for the amelioration. So, we started only for about 200 boxes for that time,
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and then went up to 700 and then into a thousand for 3 days. So we’ve been
serving from the dates of April 23 – May 24; only for the amelioration period.”

Councilor Perdices: “And you delivered your meal packs to?”

Ms. Cheryl Carballo: “Burgos street, directly to the volunteers.”

Councilor Perdices: “Okay. And you were given the appropriate purchase
order or…”

Ms. Cheryl Carballo: “Actually, the process here is — they text a day before
how many people will be catered for that day. And then I’m waiting until
11pm for the confirmation of all the barangay volunteers. So they have these
screenshots that we need like Cadawinonan, it’s 10 packs.”

Councilor Perdices: “Yes. That’s the needed delivery for the next day.
But my question is — before or while you’re already delivering, was
there any point that what document did City Hall give you? Did they
give you a purchase order?”

Ms. Cheryl Carballo: “No, nothing. It’s just that we delivered there in
front of Jane Arnaiz, Sir Dinno and all the HR, because I’m the one
delivering. So 6am, 11am and 4pm delivery.”

Councilor Perdices: “So when you did your billing sir, what document
did you…”

Ms. Cheryl Carballo: “We have a complete document sir. We have

already a received copy, it’s already there in the…”

Councilor Perdices: “Your billing statement did not have a purchase

order…”

Ms. Cheryl Carballo: “No, there is no purchase order. Only right after
the billing was sent, the purchase order from the DSWD I guess they
made one for…”

Councilor Perdices: “Was a notice to proceed ever given to Rice

Box?”

Ms. Cheryl Carballo: “No. We don’t have like that.”

Mr. Jimmy Quiñones: “Can I answer that? Because I was the one routing
for the documents. Since I was told that time was of the essence, when I
did the food presentation I asked if I can have a contract and they said
there’s no need for a contract. And then I said, what about the billing
procedures? Ingon siya ‘Don’t worry, we will pay you on a weekly
basis.’ That was…”

Councilor Perdices: “Before you proceed, I’d like to clarify, you’re saying
that this conversation happened after your presentation?”

Mr. Jimmy Quiñones: “No, during the presentation.”

Councilor Perdices: “I thought you got a…, that’s before you’re given a no?”
 P a g e | 11

Mr. Jimmy Quiñones: “Yeah. I had 2 brief meetings in the office of

Dinno because the food presentation was done in Dinno’s office.”

Councilor Perdices: “So sir, while you were doing the food
presentation, you were already asking Dinno will I get contract like that
and he was telling you no need of a contract because this is an
emergency. And then later on, you were told it’s a no deal.”

Mr. Jimmy Quiñones: “Yes.”

Councilor Perdices: “Okay. Go on, sir.”

Chair: “Okay. With due respect, may we have the dates of these 2 meetings
sir that you…”

Mr. Jimmy Quiñones: “I think that was April 17 or 19. Because I just
reopened upon the prodding of my employees that I consider reopening my
business because wala silay trabaho [they have no work]. So it was so
timely that we got invited over in City Hall for food presentation. I said yes,
okay. Wish granted. God is good.”

Chair: “Okay. On what date was the food presentation made? Was it on
the first or second?”

Mr. Jimmy Quiñones: “Second.”

Chair: “Which is April 19?”

Mr. Jimmy Quiñones: “19”

Chair: “Okay. With respect to your conversation sir, whether you’re

getting a contract or not, who was the person that you were talking to
regarding this particular subject?”

Mr. Jimmy Quiñones: “Dinno Depositario.”

Chair: “Okay. Honorable Perdices, sir.”

Councilor Perdices: “I’d like to go back to my early question. So like

you said no need of contract, and I guess when you find 2 days later
na you got a call na you will be the one to deliver to the beneficiaries
distribution still no contract?”

Mr. Jimmy Quiñones: “No contract.”

Councilor Perdices: “No P.O., no notice to proceed?”

Mr. Jimmy Quiñones: “The delivery were ahead of time, I went to GSO
to sign the forms like something about prices; the price quotations;
the purchase order…”

Councilor Perdices: “Is it possible to sign the purchase order?”

Mr. Jimmy Quiñones: “I signed a purchase order.”

 P a g e | 12

Councilor Perdices: “You signed the purchase order but you were not
given a copy?”

Mr. Jimmy Quiñones: “No.”

Councilor Perdices: “Okay. When you signed the P.O. in GSO, this
was while you were still delivering or when you were trying to collect
already?”

Mr. Jimmy Quiñones: “When we were trying to collect already.”

Councilor Perdices: “Okay. Well, my questions are…, because I’d like to

see how things were done with one caterer with you and how things were
done with other caterer, and see if there was a difference of processes, noh.
Because a process is supposed to be the same for one and all.”

Mr. Jimmy Quiñones: “Exactly.”

Councilor Perdices: “Okay. Thank you, Mr. Chair. That’s all I have.

A copy of the transcript of records of the Regular Session on August 12, 2020
is hereto attached as Annex “M” and made part hereof.

There is serious doubt that BAC prequalified Aladdin

26. In view of the statement of Mr. Jimmy Quiñones, it is proper to say

that the choice of food suppliers did not pass through the BAC, and it was
only after services were rendered, when the food suppliers began billing for
payment, that all documentary requirements were prepared, including that of
BAC;

27. Based on available records, it appears that BAC passed

Resolution No. 20-04-132F on April 6, 2020, finding Aladdin to be legally,
technically and financially capable supplier, a machine copy of which is
hereto attached as Annex “N” and made part hereof;

28. Strangely, on April 29, 2020, BAC issued another Resolution No.
20-04-132G justifying Aladdin to be legally, technically and financially
capable. A machine copy of the Resolution is hereto attached as Annex
“J” and made part hereof;

29. Since Aladdin had no business permit and it has no proof of

payment for renewal of business permit as required by the GPPB Guidelines
above-quoted, it cannot in any stretch of imagination be capable of
transacting with the City Government. Had Aladdin’s transaction really
passed through the BAC, the latter would certainly disqualify it and inform
the City Mayor of its predicament;

30. Mr. Quiñones had no reason to lie considering that his statement
involving irregularity of procurement procedure was against his interest to
 P a g e | 13

legally collect payment. But his billing records would also bear an antedated
BAC resolution. Like Mr. Quiñones’ transaction, the April 6, 2020 BAC
Resolution for Aladdin was issued after June 15, 2020, during the time billing
was already made. Most likely, BAC issued its resolution without having
seen the available documents of Aladdin, such that when they realized that
it did not have any business permit at all, BAC has to come out with an
explanatory note, i.e. BAC Resolution No. 20-04-132G dated April 29, 2020;

31. To support payment, BAC came in to rescue a transaction they

never knew to be so highly illegal and the process so highly irregular. And
to complete the documentary requirements for Aladdin’s billing statement,
the General Services Office (GSO) also prepared antedated Purchase
Orders and City Social Welfare and Development (CSWD) issued antedated
Job Orders to Aladdin. A sample of Aladdin’s Purchase Order dated April
6, 2020 is hereto attached as Annex “P” and made part hereof. As
discussed by Mr. Quiñones, he merely received text messages for the
number of deliveries to be made everyday. And to justify the erratic number
of food packs delivered everyday, the purchase order indicated “subject to
actual delivery”. This fact was admitted by the CSWD Officer, Ms. Lilibeth
Filipinas in the Regular Session on July 29, 2020 copy of which is hereto
attached as Annex “Q”, the pertinent portion of transcript reads:

Councilor Bandal: “Ma’am, if you remember correctly, noh, and I know this
can check sa documents, noh, nga nagtagbo ta pasaka ko sa taas this was
last week I asked, noh, why are there some instances nga for example in one
day murag 400 persons ra ang maka dawat tapos pagka following day mo
abot og mga 700 to 800 and I think even the accounting can confirm this and
you said because of the volunteers mao nang ni double ang atung figure, noh,
so daghan gud kaayo ta atu og volunteers ma’am?”
(Ma’am, if you can remember, and I know this can be checked in the
documents, when we met while I was going up this last week, I asked (you)
whare are there some instances that for example, in one day it appears that
there are 400 person only that can receive (food packs), then the next day it
reaches 700 to 800, and I thing even the accounting can confirm this, and you
said because of the volunteers doubled in figure. We had several volunteers,
right?)

Mrs. Lilibeth Filipinas, CSWD Officer: “During ECQ sir, daghan kaayo ta og
tawo but not all the time, there was also an instance I could not remember the
date nga katung patukod ta sa isolation naa toy daghan tawo adtu, Oo. So as
the kuan raman na siya sir as kanang naay request ba nga idugangan ang
tawo, but its no kuan, di na siya constant.”
(During the ECQ Sir, we had several people, but it was not all the time. There
were was also an instance, but I could not remember the date, especially
during the establishment of the isolation (facility) that there were a lot of
people there. Yes, there were times that there was a request for additional
people, but that is not constant.)

Councilor Bandal: “Dili na siya constant?” (It is not constant?)

Mrs. Lilibeth Filipinas, CSWD Officer: “Oo.” (Yes)

 P a g e | 14

Councilor Bandal: “So that’s why nga there instances nga as I said earlier
nga from, let say assuming nga 400 anang on, let say pagka Wednesday,
noh, tapos pagka Thursday mo abot kalit og 700 to 800 more or less. I think
that can, may I ask accounting or the accountant if that is true and this can ve
verified sa documents natu ma’am?”
(So that is why there were instances where, let us say assuming 400 on
Wednesday, then on Thursday, this will reach 700 to 800 more or less. I
think that can, may I ask accounting or the accountant if that is true, and this
can be verified in our documents ma’am?)

Ms. Doreen Paulina S. Cordova, City Accountant: “Come again sir.” (Come
again sir?)

Councilor Bandal: “Katung sa naay mga figures ba let say from 400 on one
particular date pagka following day kay mo kalit og daghan kaayo ang
figures.” (As to the figures, let us say from 400 on one particular date, the
following day, the figures suddenly increase so much)

Ms. Doreen Paulina S. Cordova, City Accountant: “Oo.” (Yes)

Councilor Bandal: “Because I talk with our DSWD and she admitted nga mao
gyud na siya.” (Because I talked with our DSWD and she admitted that that
is so.)

Ms. Doreen Paulina S. Cordova, City Accountant: “Yes that’s true.”

Councilor Bandal: “Can you also verify ma’am our City Accountant, noh, nga
kuan if that is true.” (Can you also verify ma’am, our City Accountant, if that
is true?)

Ms. Doreen Paulina S. Cordova, City Accountant: “Yes that is true sir. Like
kanang nga mga kuan sir delivery receipts or ang mga provisional delivery
receipts na siya or paper man gane siya, we are also being supplied by the
supplier and my staff ang akung pre-auditors, ila pud siyang gi summarize
then vis a vis sa iyahang purchased request. There are some dates nga kuan
gyud siya medyo mo lapaw siya so the question gali namu is pila naman atung
bayran aning adalawa kay nilapaw man siya. So naay mga dates nga ni lapaw
pud ang number sir.”

(Yes that is true sir. Like those delivery receipts or provisional receipts, or I
think they are mere pieces of papers, that were being supplied to us by the
supplier, and my staff, my pre-auditors, the also summarized them vis-à-vis
his (Aladdin) purchase request. There are some dates that he exceeds the
number, so we also questioned how much do we really owe for this specific
day, because he exceeded. So there are dates wherein the number also
exceeded, Sir.)

Councilor Bandal: “Okay, so ingun ani gyud ka daghana ma’am ang atung
mga volunteers nga ma abot more than hundreds or two hundreds pagka
sunod adlaw.” (Okay, so there were really so many volunteers who arrived,
more than hundred or two hundred the next day.)
 P a g e | 15

Mrs. Lilibeth Filipinas, CSWD Officer: “There are times sir, kay naa may mo
request sa amo so kami in our level ga follow ra mi sa request and the food
that you requested is also accounted. (There are times sir, because there
were requests, and in our level, we only follow up the request and we also
accounted the food requested.)

32. Because Aladdin has no business permit, it also has no BIR

authorized delivery receipts. In effect, all delivery receipts presented by
Aladdin to the Council, when inquired of their proof of deliveries, were mere
pieces of cut out bond papers with very informal handwritten notes
containing the number of food packs delivered and signatures of the persons
receiving them. To our belief, said delivery receipts are highly anomalous,
because they do not indicate the store name or the designation of the
persons receiving the items delivered, not to miss several erasures found
thereon. As such, the 12 Million Peso claim of Aladdin rests on these so-
called delivery receipts. Machine copies of the supposed delivery receipts
are hereto attached as Annex “Q”, “Q-1” and series;

33. Realizing on the unreliability of the delivery receipts, Aladdin did

not attach them its billings. Thus, the Accounting had difficulty evaluating
and processing the request for payment of Aladdin. This was the comment
of one of the pre-auditors of the City Accounting Office during the Regular
Session on July 29, 2020, particularly:

Ms. Chelvier Kate Cadangan: “Kana siya sir, dili namo na siya ma-verify aside
sa Aladdin actually kay kana lageng during the initial audit is wala silay
delivery receipt, billing ra derecho ilang gihatag sa amo-on. So as to the
number of persons, ang PO nuon and even the job order is ila gyong gi-state
didto nga subject to actual delivery, so pwede siyang mo-saka og pwede
siyang mo-naog. Pero the problem is ang reliability naman gud sa pag-claim
sa food because duha ka supplier ang ga-supply for one person. The same
attendance sheets raman ng naka-attached sa duha. Actually we can present
the attendance sheet kay nagsample date mi, the same gyud siya tanan.”
(That sir, that we cannot verify, and aside from that, Aladdin, during the
initial audit, has no delivery receipt, he only presented his billing
(statement) to us. So as to the number of persons, the PO and the job
order reflects subject to actual delivery; so the number can go up or down.
But the problem is in the reliability of claiming food, because there are
two suppliers supplying for one person. The same attendance sheet is
attached to support claim of two (2) suppliers. Actually, we can present
the attendance sheet because we are sample-dating, and they are all the
same.). [Highlight supplied for emphasis]

Copy of the Transcript of Stenographic Notes of the Session is hereto

attached as Annex “R” and made part hereof;

34. The statement of the Pre-Auditor further revealed another serious

anomaly in processing the payment of Aladdin, i.e. in order to justify the so-
called deliveries of Aladdin, only billing statements were submitted to justify
 P a g e | 16

its claim. And as accurately observed by the Pre-Auditor, same attendance

sheets of frontliners were used to support payment of two (2) suppliers, as
in the case of Aladdin. In the same Session on July 29, 2020, the City
Budget Officer herself admitted such fact, while Councilor Lentorio was quick
to disorient the City Council by contradicting the City Budget Officer. The
pertinent portion of the discussion is hereby reproduced:

Councilor Arbas: “Okay taking from that point, modawat ba ta ana or dili?
Ma’am, same recipients for the same delivery, kasabot ko nga gi-deliver na
sa supplier, unfair pod sa supplier …kay kuan pero ang ako lang gyud is
mura man gud og, okay let’s start from that point. Karon unsaon man nato
ni siya pagresolve karon? Unsaon pagresolve ning issue nga ang gibasehan
sa supporta sa pagbayad aning usa ka supplier nga delivery are the same
recipients? Unsaon man pagjustify na siya? Sige, how do you explain this
now?”
(Okay, taking from that point, do we accept that or not? Ma’am, same
recipients for the same delivery? I understand that the suppliers have
already delivered, and it is unfair also to the suppliers… because for me, it
is as if… okay, let us start from that point. Now, how will we resolve this?
How do we resolve this issue that the basis to support payment of this
supplier refers to same recipients? How do we justify this? Okay, how do
you explain this now?)

Ms. Tonette General: “Sir duha ka supplier because 360 per day.”
(Sir, two suppliers, because 360 per day)

Councilor Arbas: “The same recipients ha?” (We are referring to same
recipients)

Ms. Tonette General: “Yes sir.” (Yes, Sir)

Councilor Arbas: “Same recipients so pasabot duha ka packs sila kada

usa?” (Same recipients, and that means two (2) packs for every one
(person))

Ms. Tonette General: “Yes sir, it was doubled because ni-reklamo, Atty.
Lentorio knows about it nga ni reklamo ang mga traffic nga gamay ra kaayo
ang 100..., oo, so gi-double sila which is amo pod na siyang gi-verify sa
COA, okay ra pod ang COA kay 365 for a day kuan kaayo, that was during
ECQ, gamay ra kuno kaayo so it was doubled.”
(Yes, Sir. It was doubled because there was a complaint. Atty. Lentorio
knows about this that the traffic complained because the food was very little,
so they were given double, and we also verified this with COA, and COA
said that is okay, because 365 for a day is so…, that was during ECQ, it was
so little, so it was doubled.)

Chair: “Sorry, unsay gamay ma’am?” (Sorry, what is little, ma’am?)

Ms. Tonette General: “Ang ilahang per day nga kaon sir for three meals.”
(Their food per day, sir, for three meals)

Chair: “365 is not enough?”

 P a g e | 17

Ms. Tonette General: “Yes sir.”

Chair: “Per person?”

Ms. Tonette General: “Yes sir, per person a day, breakfast, lunch and dinner.
So gihangyo nila ni Doc Dinno og Atty. Lentorio so ako gi-verify with COA if
it is possible nga mahimo na siyang mga 700 plus a day.”
(Yes Sir. Per person a day, breakfast, lunch and dinner. So it was Doc
Dinno and Atty. Lentorio who requested from me and verified with COA if it
is possible to make it 700 plus per day.)

Chair: “Per person?”

Ms. Tonette General: “Per person.”

Councilor Arbas: “Your honor please. Do you have a supporting; do you

have an order now that this is now the cost of food? Tag 700 na kada tawo?
So we are now delivering food to every person worth 700 pesos? So ang
kada tawo karon mokaon na siya ang balor sa iyang pagkaon is 365 times
2 equals 730, divided by 3. So pasabot ang pagkaon natong gipang serve
karon is tag 243 kada tawo. Is that the kind of food we serve, ingon-ana ka
mahal ning panahon sa COVID na pagkaon?”
(Your Honor, please. Do you have a supporting… do you have an order
now that this is now the cost of food is at 700 per person? So we are now
delivering food to every person worth 700 pesos? So every person now is
eating worth 365 times 2 equals 730, divided by 3. That means, we are
serving food pack at 243 per person. Is that the kind of food we serve? Is
that how expensive food is in this time of COVID?

Councilor Lentorio: “Mr. Chair, if I may?”

Chair: “Okay briefly, with the indulgence of the council considering that
honorable Lentorio’s name was mentioned, briefly please sir? Honorable
Lentorio is recognized.”

Councilor Lentorio: “Yes Mr. Chair. The reason why there was another
supplier kay previously man gud Mr. Chair it was Boy Kanin and the thing is
nagreklamo ang mga tawo kay naa kunoy pan-os or something like mga
ingun-ana. I think CSWD people could testify to that and gipa-adto ko ni
Mayor to verify things. At that time, together with Councilor Bandal we were
in charge of the logistics, Councilor Bandal being that of the checkpoints
unya ako ang gi detail informally to make sure that logistics are being given
to the people. Now, dili siguro duha kada pagkaon ang ginakuan ma’am, it
just so happen that we have a certain office orders for certain individuals but
remember the point that there was a mention of “bahalag magdouble basta
dili kulangon” because daghan kaayo ang, they could not control the
checkpoints Mr. Chair kung kinsa ang mo-sulod og gawas. I think all these
things, all these data came from the people of the CSWD upon a meeting
with them and verified pod nako during that time but definitely walay duha
ka pagkaon gihatag sa usa ka tawo.”
 P a g e | 18

Yes Mr. Chair. The reason why there was another supplier was, because
previously, it was Boy Kanin, and the thing is there were a lot of complaints
of stale food or something like that. I think CSWD people could testify to
that and I was told by Mayor to verify things. At that time, together with
Councilor Bandal, we were in charge of the logistics. Councilor Bandal
was for the checkpoints, and I am informally detailed to make sure that
logistics are being given to the people. Now, I believe it is not two per
person ma’am. It just so happens that we have a certain office orders
for certain individuals. But remember, the point that there was a
mention of “it is ok if there will be double, but never lacking”, is
because there were so many, and they could not control who comes in
and out of the checkpoints, Mr. Chair. I think all things… all these data
came from the people of the CSWD upon a meeting with them and
which I verified also during that time… but definitely, we did not give
two (2) food packs per person.”

Chair: “So which is which now, the budget officer’s version or Honorable
Lentorio’s version?”

Ms. Tonette General: “Excuse me. I was called by that mga during Saturday
or Sunday nga kulang jud ang 365 so ang gatawag murag from the City
Mayor’s Office or kato gani sir. So among gi-verify with the COA.”
(Excuse me, my attention was called on that during a Saturday or Sunday
that 365 was not enough. The one who called was from the City Mayor’s
Office or something like that. So, we verified it with COA.)

Chair: “Okay rebuttal please then we go back to honorable Arbas so that we

can continue.”

Councilor Bandal: “Mr. Chair. Because my name was mentioned by

honorable Lentorio.”

Chair: “Okay we give the floor first to Honorable Lentorio and then with the
indulgence of the body, Honorable Bandal has the floor before we going
back to honorable Arbas. Go ahead please sir?”

Councilor Lentorio: “I give way to Councilor Bandal Mr. Chair.”

Councilor Bandal: “Mr. Chair I’m not in charge of logistics, it’s actually under
Councilor Lentorio. I’m just in charge of the discipline zone manning the
checkpoints Mr. Chair and not the logistics. For clarification purposes only
Mr. Chair.”

Chair: “Okay at any rate, okay Honorable Lentorio sir?”

Councilor Lentorio: “Yes Mr. Chair. I think nasayop (it was wrong), may I ask
for a 2 minute talk with?”

35. Despite all these discoveries of the City Council on the highly
anomalous transactions of Aladdin, the City Mayor did not conduct any
investigation on the matter and instead continued to require his executive
departments to process the payment for Aladdin.
 P a g e | 19

The unregistered business of Aladdin was merely used

as a Dummy to do business with the City Government

36. During the initial investigation of this transaction, Mr. George

disclosed to members of the Council that Councilor Lentorio helped in many
ways, i.e. introduced him to the City Government to supply food, provided
him meat, allowed him to rent out the law office of the Councilor for his
commissary, and followed up on his billings. This admission took place
during the consultative meeting conducted by the Blue Ribbon Committee
on July 16, 2020;

37. During the Executive Session on August 11, 2020, Mr. George
was again invited to shed light on Councilor Lentorio’s involvement in his
transactions. This time, Mr. George, while admitting that he was invited by
Councilor Lentorio to serve the City, emphatically denied his previous
statements and claimed that Councilor Lentorio was not directly involved in
his transactions with the City Government; Mr. George also denied on the
rumor that it was Councilor Lentorio who used personal bank checks to pay
for Aladdin’s food containers and utensils at “143 Houseware”, a local store
in Dumaguete, and claimed that it was he who directly transacted with the
said store using his own funds. His exact words are hereby reiterated:

Councilor Erames: “Another question, you mentioned during the last

executive session, because I’ve read in the minutes, you mentioned that
Councilor Lentorio was the one who bought food packs from 143 on credit
under his name, so is this true?”

Mr. Patrick Henri George: “Okay, let me correct about this thing. My supplier
for food packs is coming from CEBU, I don’t buy a small quantity, I purchased
big quantity. It was during a certain time the demand of the City was very high
really, I cannot cope up with the demand of the City. You can ask the DSWD,
they called every second they can, this is additional, we have this additional.
So there was a time that I really don’t have, I cannot deliver the food because
there’s no boxes, I cannot put it in anything. So there was supplier here, its
143 which everybody knows they produce boxes and I don’t have credit line,
I really don’t have it so I ask Atty. Lentorio, “Can you help me for this? Can
you ask…?” Okay, you know already that I need to get something from the
City and you’ll help me to get it, but in 143, I manage to get boxes from them
and it was, it was under by my Aladdin name. It was under Aladdin. I still owe
them.”

Councilor Erames: “Do you have proof to show us that all those containers,
all those order were…, they were bought under your name?”

Mr. Patrick Henri George: “Yes ma’am.”

Councilor Erames: “Do you have the delivery receipts?”

Mr. Patrick Henri George: “Of course, it’s under by Aladdin. I didn’t bring it
here with me, but next time I can give or I can furnish a copy, that you will
have it for sure.”
 P a g e | 20

Councilor Erames: “I’m asking this question because we want to be clear

regarding Councilor Lentorio’s involvement, because this is a very big issue.”

Mr. Patrick Henri George: “Yes, okay.”

Councilor Erames: “So, I hope that you can provide proof of the delivery
receipts.”

Mr. Patrick Henri George: “Yes ma’am, no problem.”

Councilor Erames: “And maybe, Mr. Chair, we can also invite the owner of
143 houseware and also members of the BAC, because we have to ask them
how they determined the capacity of this caterer.”

While Mr. George was lying to his teeth, we witnessed Councilor Lentorio,
who was then present, repeatedly nodding his head to what Mr. George was
saying, with a gesture of affirming his statements. Copy of the Transcript of
Stenographic Notes of the August 11, 2020 Executive Session is hereto
attached as Annex “R” and made part hereof;

38. In order to validate Mr. George’s statements, a representative of

143 Houseware was invited to the regular session on August 12, 2020.
During the session, Atty. Jose Cubelo and Ms. Richie Dayao of 143
Houseware appeared and disclosed that they did not know Mr. George and
that they had no transaction with him; that they were very certain that it was
Councilor Lentorio who bought food containers and utensils from 143
Houseware using his name and personal checks. They likewise presented
to the Council delivery receipts they issued to Councilor Lentorio, machine
copies of some of the receipts are hereto attached and collectively marked
as Annex “S” and made part hereof. The relevant portion of the transcript
(Annex “M”) reads:

Councilor Erames: So basing on all the receipts that you are showing us
today, all of these receipts are named under Councilor Lentorio’s name and
none for Aladdin.

Atty. Jose Cubelo: None your Honor and in fact as you can see on the screen
right now, it is named under the name of Honorable Lentorio, yes and none,
no receipt whatsoever under the name of Aladdin.

Councilor Erames: But other persons went to your store to claim the items?

Atty. Jose Cubelo: Yes, your Honor.

Councilor Erames: Were you able to identify who these persons are?

Atty. Jose Cubelo: I can only surmise that they are under the direction of Atty.
Lentorio your Honor but I cannot say exactly because who signed the receipts
were one for example Gina, I cannot decipher the family name because it is
not legible, the name Gina and another person Miss Jeleca Quinit. They
signed the delivery receipts alternately your Honorable Erames.
 P a g e | 21

Chair: With due respect, would Miss Dayao happened to know with regarding
the query of Honorable Erames?

Atty. Jose Cubelo: Your Honor we cannot say exactly but conferring with Miss
Dayao right now, it would seem that the two ladies were working or would
give the impression that they were working under Atty. Lentorio.

Chair: Go ahead please ma’am.

Councilor Erames: Okay, thank you. Another question, do you happen to

know the owner of Aladdin Restaurant?

Atty. Jose Cubelo: We do not your Honorable Erames, to answer the question
of Honorable Erames, we do not, in fact we do not have any transactions to
this prior to this with or whatsoever up until now with Aladdin.

Councilor Erames: But you happen to know Councilor Lentorio?

Atty. Jose Cubelo: Yes your Honor, we know Atty. Lentorio because he
approached us to get supplies under the pretense these supplies are intended
for the Covid response.

Councilor Erames: So you are saying that Councilor Lentorio is the only one
involved in this transaction and he did not even introduce Aladdin to you with
your store?

Atty. Jose Cubelo: To answer the question of Honorable Erames, no in fact it

is just now that it has, the connections sort of but we will not go that because
as far as we are concerned, we are transacting with Atty. Lentorio your Honor.

40. It was also disclosed by the representatives of 143 Houseware that

Councilor Lentorio started obtaining food containers and utensils from them
as early as April until June 2020. The pertinent portion of the transcript
reads:

Councilor Perdices: Mr. Chair, can I just add to that question? One question
ra to clarify. What, Councilor Lentorio has a business, lechonan. Was he a
customer of yours even prior to this GCQ.

Miss Richie Dayao: Yes, yes.

Councilor Perdices: So he is a customer of yours.

Miss Richie Dayao: Yes.

Councilor Perdices: Okay, klaro ni. (this is clear) Okay? Thank you.

Councilor Arbas: And so since then it was always Councilor Lentorio who
dealt with you when it comes to payment, when it comes to asking for, a
request for items to be taken, siya gyud mismo (he, himself)?

Miss Richie Dayao: Yes sir.

Councilor Arbas: And how do you this? Do you do this with text or call, how?
 P a g e | 22

Miss Richie Dayao: Text, usahay call. (Text. Sometimes call)

Councilor Arbas: So kamo diretso nimo? (So, directly to you?)

Miss Richie Dayao: Oo. (Yes)

Councilor Arbas: Okay, so and this happen for how many months? I think it
was mentioned, I just want to be clarified again. How many months did this
transactions with you and Councilor Lentorio happened?

Miss Richie Dayao: April.

Councilor Arbas: Only on April? April, May, so what’s the period?

Miss Richie Dayao: April until May.

Councilor Arbas: So what’s the period? April or May, June?

Miss Richie Dayao: And June, murag naay June, yes.(And June, I think
there is also June, yes.)

Councilor Arbas: Yes June then how were payments made?

Miss Richie Dayao: Wala pa. (Not yet)

Councilor Arbas: I mean, since then, are you saying that there was no
payment ever since or were there payments made?

Miss Richie Dayao: Meron cash, meron ding checks. (There were cash,
there were also checks)

39. The revelation of Ms. Dayao was also made in the presence of
Councilor Lentorio. But despite the glaring contradicting statements of the
143 Houseware representatives, Councilor Lentorio did not react, explain nor
deny them up to the present. This surprising discovery led to further
investigation by the Council;

40. Thereafter, the investigation focused on Councilor Lentorio’s

involvement with Aladdin. Thus, we were able to trace a witness who
admitted to have worked for Councilor Lentorio, and that he, like several
other workers, were not paid by the Councilor for services rendered from
April to June 2020. He disclosed that it was the councilor who served food
packs to the City Government from April to June 15, 2020 using the name of
Aladdin. Respectfully attaching herewith the Affidavit of Mitchel Badon,
worker of Councilor Lentorio, as Annex “T” and made part hereof. By
reason of the testimony of Mitchel Badon, the Council was able to establish
the following:

A. The food preparation was done by Councilor Lentorio almost the

whole time at the premises of his law office in Bagacay, Dumaguete
City, i.e. beside his law office, from April until June 15, 2020;
 P a g e | 23

B. Pictures and video were shown to the Council of workers of

Councilor Lentorio while preparing food to be delivered to the City
Government, as identified by the Witness;

C. In addition to 143 Houseware, Councilor Lentorio also obtained

ingredients and drinks from “Traders Lucky Mart”. And when invited
to the Council in an Executive Session on September 8, 2020, the
authorized representative of Traders Lucky Mart admitted that
Councilor Lentorio was able to obtain assorted goods, like
ingredients and drinks, on credit from them on the pretext that they
will be used for COVID-19 response. To bolster their claim, the
representative of Traders Lucky Mart presented delivery receipts in
the name of Councilor Lentorio, hereto attached as Annex “U”, “U-
1” and series, and the transcript of stenographic notes of the
Executive Session as Annex “V” and made part hereof;

D. Councilor Lentorio regularly obtained pork from Dario Omnos,

located at Stall No. 28 of the Dumaguete Public Market. The
witness was able to present Delivery Receipt No. 000609 which he
failed to surrender to the Geleca Quinit, manager of the Councilor,
a machine copy of which is hereto attached as Annex “W” and
made part hereof;

E. The Councilor obtained dressed chicken from J & L Enterprises

located at Taft Street, Dumaguete City. The witness also presented
delivery receipts which he failed to surrender to Geleca Quinit,
photocopy of which are hereto attached and collectively marked as
Annex “X”;

F. The witness also claimed that up to the present his salary amounting
to PhP20,000.00 has not yet been paid, because Councilor Lentorio
is still waiting for payment from the City Government;

41. Contrary to the claim of Mr. George of Aladdin, Councilor

Lentorio was the real person who actually served the City Government with
food packs, and Geleca Quinit, whom Mr. George claims to be his employee,
was actually working for Councilor Lentorio. It is important to point out that
Geleca Quinit never worked for Mr. George, because immediately prior to
the ECQ, Geleca was employed at Plaza Maria Luiza Hotel. Employment
records of Geleca Quinit can be produced by the Council in due time;

42. That being said, we, members of the Council were against
payment to Aladdin, because it was not Mr. George of Aladdin who
really transacted with the City Government, but Councilor Lentorio. We
brought this sentiment to the attention of the City Mayor several
instances. But the City Mayor insisted on ordering payment to
Aladdin;
 P a g e | 24

43. We now maintain that Councilor Lentorio, by himself cannot

enter into transaction with the City Government, as he belongs to the
legislative department. The City Mayor and Dr. Depositario made it
possible to bring him in, using the business name of Aladdin as his
front. More so, the City Mayor and Dr. Depositario made it possible to grant
Councilor Lentorio a sizable contract of 12.2 Million Pesos, and another 20
Million had it not been questioned by the City Council. In so doing, the City
Mayor and Dr. Depositario failed to inquire into the legal personality of
Aladdin, not realizing that Councilor Lentorio was using an unregistered
business name;

44. Sadly, the City Mayor, in his public pronouncements, washed his
hands and attributed the choice of suppliers to the BAC and that he did not
sign any document relating to the COVID meals. For reasons only known
to him, Mayor Remollo, despite the fact that it was he and Dr.
Depositario who directly contracted the services of Aladdin, a.k.a
Councilor Lentorio, relegated the duty to sign all documents to the City
Administrator. However, the BAC Chairman and also City Legal Officer,
Atty. Manuel Arbon, claimed otherwise, and said that it was Mayor Remollo,
being the Head of Procuring Entity (HoPE) who endorsed the names of
suppliers during the Regular Session on July 29, 2020, as follows:

Councilor Bandal: “Sige ma’am, noh. Anyway, another matter kani siya
ma’am di ba ni agi an siya sa BAC, noh? Pag agi natu og BAC ani we already
have mga previous nga mga…, unsay process sa BAC ma’am; we sent
invitation and then kuan? Unsay procedure natu ani ma’am? Kay because …
naa man tay mga previous supplier natu ani sauna that has been serving us
di ba? How come limited ang atung food kaning sa tulo ka suppliers, were
these other suppliers closed during the time? Did you know.”
(Ok ma’am. Anyway, on another matter, this one passed through the BAC,
is that correct? When it passes through the BAC, we already have previous…
what is the process of BAC ma’am? Because we have previous suppliers
before that were serving us, right? How come the food suppliers, like these
three, were only limited? Were the other suppliers closed during this time?
Did you know?)

Mrs. Azucena O. Gonzales, General Services Officer: “I think we will request

the BAC Chairman to answer for that.”

Councilor Bandal: “Mr. Chair.”

Chair: “With the indulgence of the council, the time limit set earlier, I mean I
don’t mean to cut-off Honorable Bandal. The time limit of 30 minutes has
expired, is there any motion to extend our question hour.”

Councilor Perdices: “I so move, Mr. Chair.”

Councilors Amores and Elmaco: “Second.”

Chair: “Any objections? Okay, Honorable Bandal sir.”

 P a g e | 25

Councilor Bandal: “Well, I already ask the question, Mr. Chair, and they said
that the BAC chairperson would answer that question, Mr. Chair.”

Chair: “Okay. We recognized Attorney Arbon.”

Atty. Manuel R. Arbon: “Maayong buntag, Mr. Chair, og mga membro sa

konseho. Isip pag tubag sa mga pangutana ni Councilor Bandal og aduna bay
laing mga suppliers. Ang actually by way of answering that sir, ang trabaho
sa BAC is kaning mo process mi sa pag procure. Now, naa pud tay gi sunod
nga mga resolution gikan sa government procurement policy board (GPPB)
and kani nga klase nga procurement covered ni siya sa emergency
procurement, noh. So kung emergency procurement, the procuring entity
usually works through the hope og kaning head of the procuring entity and
that is the office of the City Mayor. So as far as the procurement is concerned
and office of the City Mayor ani maoy nag initiate. Okay, so as far is the BAC
is concerned mo process ra mi, mo tan-aw ra mi unsay mga requirements
nga kinahanglan atung (GPPB). So naa mga ubang mga supplier, but ang
siguro the best position would be the Office of the City Mayor who could
answer but its possible na wala na participate tung uban at that time sa ECQ,
ang ni duol ra is kani sila so maoy amung i-process sir.”
(Good morning, Mr Chair and members of the Council. By way of answering
the question of Councilor Bandal, were there other suppliers? By way of
answering that sir, the work of BAC is procuring process. We are also
following resolutions from the Government Procurement Policy Board
(GPPB) and this kind of procurement, the procuring entity usually works
through the HOPE or the Head of the Procuring Entity, and that is the
office of the City Mayor. So as far as the procurement is concerned, it
is the Office of the City Mayor that initiates. (Highlight supplied for
emphasis)

Thus clearly, the City Mayor and his Chief of Staff, Dr. Depositario
cannot excuse themselves from being responsible in bringing in and favoring
Councilor Lentorio, using an unregistered business name “Aladdin”, to
transact with the City Government, and giving him an unwarranted service
contract worth 12.2 Million Pesos. And in an attempt to collect payment,
Mr. George and Dr. Habaña were used by Councilor Lentorio to process
and follow up payment.

Issuance of a Gag Order

On September 1, 2020, Mayor Remollo issued an Executive Order

requiring all department heads in the executive not to attend the City
Council’s regular session without his consent, a copy of which is hereto
attached as Annex “Y”. Because of this gag order, the City Council’s two
(2) invitations to the department heads to appear during the regular sessions
were denied since the inquiry relates to the COVID-19 meals issue. Copies
of the letters of invitation are hereto attached as Annexes “Z” and “AA”
and made part hereof.

In effect, the City Mayor has abused his authority by:

 P a g e | 26

A. Preventing the Council from accessing public records and from

questioning different Executive Departments on matters pertaining to
the COVID-19 meals; and

B. Depriving the Council of its oversight functions, particularly on how the

Executive Departments expended the council’s approved millions worth
of budget for COVID-19 meals.

It is apparent that the City Mayor is using his office to conceal the highly
anomalous Aladdin transaction from the City Council. When it comes to
other matters not involving the COVID-19 meals issue, the City Mayor has
allowed the Executive Departments to appear before the City Council, as
shown in the letters of invitation of the Council and the letters of authority
hereto attached as Annexes “BB” to “EE”.

PREMISES CONSIDERED, it is humbly prayed that a resolution be

issued warranting the following:

1. The filing of an Information against all the respondents with the

Sandiganbayan for violation of Section 3 (e) and (j) of Republic Act
3019;

2. The filing of a separate Information against Councilor Lentorio with the

Sandiganbayan for violation of Section 3 (h) of R.A. 019 in relation to
Section 89 (a) (1) of Republic Act 7160 & (j) of Republic Act 3019 for
having financial interest in a government transaction using the
business name of Aladdin;

3. Finding public respondents guilty of GRAVE MISCONDUCT and

DISHONESTY.

4. The appropriate action to effectively enjoin the City Mayor from

abusing his office by preventing the City Council from inquiring on how
the council’s approved funds were utilized, especially those involving
the subject matter of this case.

IN WITNESS WHEREOF, we hereunto affix our signatures this

_____________________ in Dumaguete City, Philippines.

ALAN GEL S. CORDOVA JOE KENNETH K. ARBAS

Vice Mayor Councilor
 P a g e | 27

AGUSTIN MIGUEL A. PERDICES ROSEL MARGARETTE Q.

Councilor ERAMES
Councilor

BERNICE ANNE A. ELMACO

Councilor

SUBSCRIBED AND SWORN to before me this

_____________________ in Dumaguete City, Philippines, and I HEREBY
CERTIFY that I have personally examined the affiants and I am fully
convinced that they voluntarily executed this verified complaint affidavit and
that they understood the same.

Doc. No. __;

Page No. __;
Book No. __;
Series of 2020.
 P a g e | 28

VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING

We, members of the Sangguniang Panlungsod of Dumaguete City, all of

legal age, Filipinos and residents of Dumaguete City, on oath, hereby state that:

We are the complainants in the above-entitled case; we have caused the

preparation of the foregoing verified complaint affidavit; we have read and
understood the contents thereof; and all the allegations therein are true and correct
of our own personal knowledge and based on authentic records.

We have not commenced any other action or proceeding involving the same
issue in the Supreme Court, the Court of Appeals or any of its divisions, or with
any other tribunal or agency; to the best of our knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals or any of its
divisions, or with any other tribunal or agency; if we should thereafter learn that a
similar action or proceeding has been filed or is pending in the Supreme Court, the
Court of Appeals or any of its divisions, or with any other tribunal or agency, we
undertake to promptly inform this Honorable Office of such fact within five (5) days
therefrom.

ALAN GEL S. CORDOVA JOE KENNETH K. ARBAS

Vice Mayor Councilor
Driver’s License No. N02-95-276999 IBP ID No.: 53027
Valid until 2024/6/12

AGUSTIN MIGUEL A. PERDICES ROSEL MARGARETTE Q.

Councilor ERAMES
Passport No.: P 3122336B Councilor
Valid until 7 Sep 2029 IBP ID No.: 70602

BERNICE ANNE A. ELMACO

Councilor
Passport No.: EC6757922
Valid until 16 Feb 2021

SUBSCRIBED AND SWORN to before me this

_____________________ at the City of Dumaguete, Philippines by affiants who
are personally known to me and they acknowledged to me that they understood
the foregoing affidavit and that they freely signed the same.

Doc. No. __;

Page No. __;
Book No. __;
Series of 2020.
 P a g e | 29

ANNEXES

1. Annex “A” LGU Inter-Agency Task Force per Executive Order

No. 03, S. 2020
2. Annex “B” City Council passed Resolution No. 40 allocating
Fifteen Million Pesos (PhP15,000,000.00)
3. Annex “C” Executive Order dated April 3, 2020, declaring the
City under “Enhanced Community Quarantine” (ECQ).
4. Annex “D” City Council Resolution No. 222, dated June 10,
2020, allocating PhP 1,997,479.88
5. Annex “E” Summary of the Minutes of the Regular Session on
June 17, 2020
6. Annex “F” GK Coffee Shop Business Permit
7. Annex “G” JBB Rice Box Business Permit
8. Annex “H” Aladdin Restaurant and Café business permit
9. Annex “I” City Accountant’s Summary Report of claims of food
suppliers
10. Annex “J” Routing Slip of Aladdin’s business permit application
11. Annex “K” transcript of Executive Session on August 11, 2020
12. Annex “L” Transcript of Stenographic Notes of the regular
session held on August 5, 2020
13. Annex “M” Transcript of Stenographic Notes of the regular
session on August 12, 2020
14. Annex “N” BAC Resolution No. 20-04-132F dated April 6, 2020
15. Annex “O” BAC Resolution No. 20-04-132G dated April 29,
2020
16. Annex “P” Purchase Order dated April 6, 2020
17. Annex “Q” supposed delivery receipts are hereto attached as.
18. Annex “R” Transcript of Stenographic Notes of the August 11,
2020 Executive Session
19. Annex “S” 143 Houseware receipts
20. Annex “T” Affidavit of Mitchel Badon
21. Annex “U” Traders Lucky Mart delivery receipts
22. Annex “V” Transcript of stenographic dated _____ 2020
(Traders Lucky Mart)
23. Annex “W” Dario Omnos Delivery Receipt No. 000609
24. Annex “X” J & L Enterprises delivery receipts
25. Annex “Y” Executive Order dated September 1, 2020
26. Annex “Z” City Council’s Letter of Invitation No. 1
27. Annex “AA” City Council’s Letter of Invitation No. 2
28. Annex “BB” Letter of Authority No. 1
29. Annex “CC” Letter of Authority No. 2
30. Annex “DD” Letter of Authority No. 3
31. Annex “EE” Letter of Authority No. 4