7/29/2019 Complaint Prac Court One Edited Name2
1/8
Page 1 of8
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;
7/29/2019 Complaint Prac Court One Edited Name2
2/8
Page 2 of8
FILOSOPO V CONTI
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;
7/29/2019 Complaint Prac Court One Edited Name2
3/8
Page 3 of8
FILOSOPO V CONTI
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
7/29/2019 Complaint Prac Court One Edited Name2
4/8
Page 4 of8
FILOSOPO V CONTI
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
7/29/2019 Complaint Prac Court One Edited Name2
5/8
Page 5 of8
FILOSOPO V CONTI
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
7/29/2019 Complaint Prac Court One Edited Name2
6/8
Page 6 of8
FILOSOPO V CONTI
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
7/29/2019 Complaint Prac Court One Edited Name2
7/8
Page 7 of8
FILOSOPO V CONTI
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.
7/29/2019 Complaint Prac Court One Edited Name2
8/8
Page 8 of8
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