Republic of the Philippines

OFFICE OF THE OMBUDSMAN

Ombudsman Building, Agham Road
Diliman, Quezon City

CINDIRELLA PATTALITAN,
Complainant,

ADMINISTRATIVE CASE No. 0123

-versus- For: GRAVE MIS CONDUCT and
DISHONESTY

GRESTER JOHN FERNANDEZ,

Respondent.
x--------------------------------------------x

COMPLAINT-AFFIDAVIT

COMES NOW, the complainant, through the undersigned

counsel and unto this Honorable Court, most respectfully avers:
1. That the complainant, CINDIRELLA PATTALITAN, of legal age,
single, Filipino, and a resident of Purok 1, Patul, Santiago City;

2. That the respondent, GRESTER JOHN FERNNDEZ, of legal age,

Filipino citizen, married, with residence at Purok 2, Nabbuan,
Santiago City, where they may be served with summons and
other court processes;

3. That the complainant and the respondent are both employees

of the Local Government Unit of the City of Santiago;

4. That the complainant holds the position of Engineer IV (City

Engineer), while the respondent holds the position of Engineer
III (Project/Site Engineer);

5. That on June 13, 2016 City Government of Santiago City

awarded and entered to a contract to a private contractor
Florentin Constructions for the construction of a bridge located
at Nabbuan, Santiago City connecting the Barangays of
Calaocan and Nabbuan amounting to Ten Million Pesos
(Php10,000,000.00); (see Notice of Award marked as Annex A)
6. That the said private contractor is to collect and claim
payments from the city government on a staggered basis,
depending on their work accomplishment at a rate of 25%,
50%, 75% and 100%; (see Contract Agreement marked as
Annex B)

7. That the respondent was assigned to be in-charge in

monitoring the actual accomplishment and the one who is to
prepare and certifies the Work Accomplishment Report in
support of the private contractor for their claims and payment
of the said project; (see Special Order marked as Annex C)

8. That on January 23, 2017, Florentin Contructions submitted

their claim for the payment representing their 75% work
accomplishment of the project supported by a Work
Accomplishment Report prepared and certified by the
respondent; (see Work Accomplishment Report marked as
Annex D)

9. That on January 24, 2017 the city government releases the

check to the private contractor for its claim;

10. That on January 25, 2017, herein complainant visits the

said project site to check and see the progress of the project;

11. That upon the complainant’s visit, he observed that the

project was not in its 75% accomplishment and immediately
called the respondent to explain but no response was heard
from the him;

12. That the complainant instructed one of the city engineer

in the person of Engr. Francisco Cabato to immediately conduct
examination and assessment of the actual accomplishment of
the project and prepare the actual accomplishment report and
ask for representative from the Accounting Section and COA
personnel to witness the conduct of assessment;

13. That based on the accomplishment report submitted by

Engr. Cabato and witnessed by accounting and COA personnel,
it was found out that the actual accomplishment of the project
was only in 60%; (see Actual Work Accomplishment Report
marked as Annex E)
 14. That on February 24, 2017, the complainant again asked
for explanation from the respondent presenting him the actual
accomplishment report prepared by Engr. Cabato but no
response was heard from him;

15. That the complainant was forced to file this complaint

against the respondent for Grave Misconduct and Dishonesty as
cited in the case of Seville vs COA (G.R. 177657) which
provides;

“In grave misconduct, the elements of corruption, clear intent to

violate the law, or flagrant disregard of an established rule must be
evident. Misconduct, in the administrative sense, is a transgression
of some established and definite rule of action. On the other hand,
dishonesty is intentionally making a false statement in any material
fact of the disposition to lie, cheat, deceive or defraud.”

The action of the respondent in certifying and submitting a

false accomplishment report in support to the claims of the
private contractor is a clear manifestation of the intent to
deceive and defraud the city government. And that the
respondent being silent and not making any comment or
answer when questioned by the complainant for making such
acts presume his guilt for conniving with the private contractor
to gain and disregard the established rule.

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that, after hearing, judgment be
rendered ordering the defendant to be dismissed from his
employment and band to enter into any government employment.
City of Santiago, March 15, 2017.

MELODIE L. ESQUEJO
Counsel for Plaintiff
123 Mabuhay Street, Plaridel, Santiago City
Roll of Attorney No. 12345
IBP No. 12345/1-2-16/Santiago City
PTR No. 87654/12-25-14/Santiago City
 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines)

City of Santiago ) S.S.

I, CINDIRELLA PATTALITAN, of legal age, single, Filipino, and

a resident of Purok 1, Patul, Santiago City, after having been duly
sworn to in accordance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing complaint
and have read the allegations contained therein;
3. The allegations in the said complaint are true and correct of my
own knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no
such other action or claim is pending therein;
5. That if I should learn thereafter that a similar action or
proceeding has been filed or is pending, I hereby undertake to
report that fact within five (5) days therefrom to the court or
agency where the original pleading and sworn certification
contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of
the foregoing facts and to comply with the provisions of Adm.
Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 15th of March 2017, in the City of Santiago.

CINDIRELLA PATTALITAN
Affiant

SUBSCRIBED AND SWORN to before me this __15th__ day of

March, 2017, in the City of Santiago, affiant exhibiting to me her
Driver’s License No. 12345 issued by the Land Transportation Office
at the City of Santiago.

ATTY. MICHAEL ALMODIA

Notary Public
My Commission Expires Dec. 31, 2017
Roll of Attorney No. 34567
 IBP No. 12345/2-5-12/Santiago City
PTR No. 87654/12-22-17/Santiago City

Doc. No. 010

Page No. 003
Book No.03
Series of 2017