Complaint Prac Court One Edited Name2

7/29/2019 Complaint Prac Court One Edited Name2

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FILOSOPO V CONTI

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE OMBUDSMAN

Agham Road, Quezon City

HON. CONCHITA CARPIO-MORALES

OBMUDSWOMAN

Office of the Ombudsman

Agham Road, Quezon City

Your honor attached herewith are relevant documents which

would prove the squandering of the Professional Regulation

Commissions (PRC) Bid and Awards Committee (BAC) Trust Fund

for 2008, 2009 and 2010. The said documents are herein made an

integral part of this letter complaint.

The antecedent facts which led to this letter complaint are

detailed as follows:

1. A letter request for guidance on the proper action to betaken in the payment of pending honorarium to the Bids

and Awards Committee (BAC) was submitted to then

Officer-in-Charge Commissioner Alexis J. San Jose

through a Memorandum dated May 25, 2012, attached

herein as ANNEX A and is made an integral part of this

complaint;


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2. Subsequently, on May 27, 2012 a show cause order wasissued requiring the Professional Regulation Commissions

Budget Officer and Accounting Division OIC to explain

within seventy-two (72) hours why no legal action should

be taken against them for their alleged mismanagement of

the BAC Trust Fund. However, they sought extension for

the period within to submit their explanation twice. The

first was granted until June 15, 2012 and another granted

until June 16, 2012;

3. Consequently, letter dated June 16, 2012 was submittedon June 17, 2012, the PRCS Budget Officer and

Accounting Division OIC responded to the show cause

order issued on May 27, 2012 for the alleged

mismanagement of the BAC Trust Fund. The said letters

are herein attached as ANNEX B.

3.1 In the said explanation the concerned PRC officials

declared that they charged the BAC trust fund with

expenses other than Honorarium to preserve the

R.A.T.A., which they personally receive on a monthly

basis;

4. In connection to this a directive was issued by the PRCChairperson requiring Mr. Dracula I. Filosopo to comment

on the letters explanation provided by the concerned

officers;


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5.Thereafter, on May 2012 Mr. Filosopo was able to submithis comment/manifestation on the letters explanation of

Ms. Inocencia T. Conti and Ms. Gwenyt M. Grant. The said

comment/manifestation is herein attached as ANNEX C

and is made and integral part hereof;

6. However, despite the detailed documentary evidence andtestimonial evidence relevant to the issue, no specific

action has been taken by the PRC Chairperson on the

matter, either on the payment of the Honorarium of the

concerned BAC members or as to the Administrative,

Criminal and civil liability of the respondents;

7. It was acquired through credible informants that therespondent officials Ms. Inocencia T. Conti and Ms.

Gwenyt M. Grant an officials of the Commission, are

planning to abscond abroad in order to escape prosecution

of their offense;

8. Respondents on the date material to this complaint onseveral instances did then and there feloniously,

unlawfully, and with intent to gain charged expenses

against the bids and awards committee trust fund to the

detriment of the government with prejudice and causing


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damage to the BAC members who were deprived of their

lawful honorarium;

9.Their act of not depositing the appropriate funds sourcedfrom liquidated damages withheld from an erring

contractor also constitutes misappropriation since its

whereabouts are not disclosed despite mandatory

provisions of law that the same be earmarked and included

in the BAC trust fund;

10. That respondents intent to gain can be gleaned fromthe fact that their decision to charge expenses other than

honorarium against the BAC trust fund was motivated by

their desire to preserve the Representation and Travel

Allowance which these officers themselves receive and

enjoy;

11. Through respondents impropriety and scheme theyhave enriched themselves since the amounts which were

chargeable to their RATA was charged against the BAC

Trust Fund, leaving the BAC members without resort since

payment of Honorarium is dependent on the availability of

Funds. In this case since the BAC trust fund was

embezzled none was given to the BAC as far back as 2009.

Worse documents pertaining to the above subject matter


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have been withheld by the respondents and their cohorts

to cover up their scheme;

Prayer

WHEREFORE, premises considered, it is respectfully prayed

that the instant case be subjected to a thorough investigation to

determine the culpability and liability of the concerned officials and

employee. It is further prayed that the concerned officials and

employee be meted with the appropriate charges for the acts they

committed with intent to gain and their omissions which amounted

to neglect of duty and grave error or mistake;

The administrative, civil and criminal cases be filled

immediately;

1.The respondents be held administratively liable forGrave Misconduct for transgressing and defying

established rule of law provided in RA9184 in

relation to the General Appropriations Act and

Department of Budget and Management Circular

(DBM-BC) No. 2004-5A;

2.That Respondents be charged for Malversation ofpublic funds when against established rules they

have repeatedly charged the BAC trust fund for


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expenses other than that for which it was

established for personal gain by being able to

preserve the RATA received by the respondents;

3.That respondents civil liability be declared and beordered to restore the missing fund for the

impropriety of their acts of charging the trust fund

and withholding funds belonging to the said fund;

And we further pray for the preventive suspension of the

said officials and employees in order to expedite the

investigation and prosecution of the above case without

hindrance or resistance from the concerned officers and

employees.

Just and equitable reliefs and likewise prayed for under

premises.

IN WITNESS WHEREOF, I have hereunto set my hands this

24th day f November 2012, in the City of Manila, Philippines.

DRACULA A. FILISOPO


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REPUBLIC OF THE PHILIPPINES }

CITY OF MANILA } S.S.

VERIFICATION / CERTIFICATION

AGAINST FORUM SHOPPING

I, DRACULA A. FILISOPO, Filipino, of legal age, single with the

same postal/mailing address at the Residences de Morge De la

Campana, Intramuros, Manila, after having been sworn in

accordance with law, hereby depose and state THAT:

1. I am the complaint in the above-captioned case,pending before the Office of Honorable Ombudsman;

2. In my personal capacity, I have caused the preparationof the foregoing COMPLAINT, read and understood the

allegations therein contained, and I verify the same to

be true and correct based on my personal knowledge

and authentic documents in the complainants

possession;

3. I further certify that I have not commenced any actioninvolving the same issues and parties before the

Supreme Court, the Court of Appeals, any other lower

court, tribunal, agency and quasi-judicial body, and

no such action or case is pending before any of said

courts or tribunal, agency or body. If I should hereafter

learn that any such or similar action or case has filedor is pending in any of said courts or tribunal or quasi

judicial body, I undertake to report the same to this

Honorable Office within five (5) days from notice

thereof.

IN WITNESS WHEREOF, I have hereunto set my hands this

24th day of November 2012, in the City of Manila, Philippines.


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FILOSOPO V CONTI

DRACULA A. FILISOPO

SUBSCRIBED AND SWORN TO before me this 24th day of

November 2012, at the City of Manila, Philippines, affiant

exhibiting to me, as competent proof of identification his drivers

license with number C11-000000 valid until May 14, 2013, with

his photo and signature.

ATTY. JUAN D. CRUZ

NOTARY PUBLIC

UNTIL DECEMBER 31, 2011

PTR NO. 96000000/4-4-11

IBP NO. 8600000

MCLE III

Doc. No. _____

Page No. _____

Book No. _____

Series of 2012

Documents

Complaint Prac Court One Edited Name2