REPUBLIC OF THE PHILIPPINES) S.S.

C I T Y O F M A LABON)

COMPLAINT-AFFIDAVIT

WE, RUFINO F. BAUTISTA, BERNARD C. DELA CRUZ,

JOHN ANTHONY P. GARCIA, MERLIN P. MANALAC, PAULO
D. ORETA, RICKY R. BERNARDO, JAIME V. DUMALAOG,
SOFRONIA B. LIM, EDWARD C. NOLASCO, and ANNA LIZZA
G. YAMBAO, all of legal ages, Filipinos, presently holding
office at the 5th Floor, Malabon City Hall, F. Sevilla Boulevard,
Barangay Tanong, Malabon City, after having been depose and
say under oath: That –

1. – We are presently the elected councilors of the 5 th

“Sangguniang Panlungsod” of the City of Malabon and we are
charging herein respondent, ATTY. ROMMEL BERNARDO,
who is likewise of legal age, Filipino and presently holding the
Office of the Secretary to the Council whose office is likewise
located at the 6th Floor, Malabon City Hall, F. Sevilla
Boulevard, Barangay Tañong, Malabon City, where he may be
served with all the legal processes of this Honorable Office, for
gross neglect of duty, grave misconduct, refusal to perform
official duty and conduct prejudicial to the best interest of the
service;

2. – The aforementioned offenses were committed by

respondent Atty. Bernardo (for brevity) on three (3) separate
occasions which were on January 12, 26, 2015 and February
2, 2015;

3. – The material antecedent facts of the commission

of the offense are as set forth herein. On ____________, 2014
the 5th “Sangguniang Panlungsod” of the City of Malabon,
pursuant to RA 7160, otherwise known as the 1991 Local
Government Code of the Philippines, and its implementing
rules and regulations, amended its internal rules, which is
moving the session day of the City Council from Tuesday to
Monday and from 2:00 PM to 10:00 AM, machine copy of City
Resolution 2011-2014 is hereto attached and made integral
part hereof;

4. – On January 12, 2015, I (Anna Lizza Yambao)

received a letter of the same date from respondent Atty.
Bernardo, in reply to my letter informing him to calendar for
agenda certain resolutions and pertinent laws for the January
12, 2015 regular session, being the majority floorleader of the
City Council. In the said letter of respondent Atty. Bernardo,
instead of following a lawful order, his letter sounds like giving
opinion on the validity of the passage of City Resolution No.
2011-2014, when such function is not within the sphere of his
duties and functions as City Council Secretary as provided for
by Section 469 of the 1991 Local Government Code, supra,
machine copy of respondent’s letter is hereto attached as
Annex “B” and made integral part hereof;

5. – During the first regular session day of the City

Council, we earnestly gave respondent Atty. Bernardo and his
staff to comply with their bounden duty to do their function.
But to no avail for, as led by respondent Atty. Bernardo, no
one came out from the Council Secretariat staff. In fact,
respondent Atty. Bernardo left his office without any valid
reason. In order not to curtail the session, upon legal advice
we seek from the City Legal Office and the DILG, we assigned
some members of our staff were assigned to temporarily act as
the City Council Secretariat in order to pass important
legislation, minutes of the January 12, 2015 session is hereto
attached as Annex “C” and made integral part hereof;

6. – On January 26, 2015, the 2 nd regular session day

pursuant to City Resolution No. 2011-2014, same scenario as
above took place and again for the second time, respondent
Atty. Bernardo refuses to comply with his duties as Council
Secretary. On the said date, he told us, thru one of his staff
that they are under orders of the Honorable Vice-Mayor not to
attend the session for the regular session is still every Tuesday
at 2:00PM, machine copy of the minutes of the 2nd Regular
Session is hereto attached as Annex “D” and made integral
part hereof;

7. – On or about January ____, 2015, the DILG thru

_______________ issued a legal opinion on the issues I (ANNA
LIZZA YAMBAO) raised with the said office regarding the
validity of City Resolution No. 2011-2014 and the session
conducted last January 12, 2015. The DILG opinion dated
____________________ declared valid and legal City Resolution
No. 2011-2014 and the session conducted January 12, 2015,
machine copy of the opinion is hereto attached as Annex “E”
and made integral part hereof;
 8. – Said opinion was furnished to the Office of the
Vice-Mayor and the Council Secretariat. We then await the
action of the two (2) offices since the legal opinion came from
the DILG, thus, there is no taint of political partisanship in its
opinion;

9. – On February 2, 2015, our 3 rd Regular Session for

the year, the Honorable Vice-Mayor and our other two (2) co-
councilors did not attend the session. We expect that the
Council Secretariat headed by respondent Atty. Bernardo
would do his duty pursuant to law because of the legal opinion
of the DILG. But during the session were we gave him the
floor, though he is not a councilor, to give him the chance to
explain his position. He stated, by reading a prepared speech,
that he and his staff is under the direct control of the
disciplining and appointing authority of the
City Council, who is the Honorable Vice-Mayor, thus, they
cannot defy the orders of the Vice-Mayor for they may be
treated as insubordinate by the Vice-Mayor. He further stated
that he is not questioning the validity of the regular session
but again stress the point that he must give respect to the
appointing authority. The presence of the Council Secretariat
headed by him is just to record the proceedings but the other
duties that the said office should do, would not be complied
with by the Council Secretariat for they are under orders;

10. – Such lame excuse of the respondent is bereft of

utter merit. We agree that the Honorable Vice-Mayor is the
appointing and disciplining authority of the legislative arm of a
local government unit. The Honorable Vice-Mayor is not the
City Council. The City Council is composed of the 13 elected
councilors and the Honorable Vice-Mayor as presiding officer.
The duty of the Council Secretary as set forth in the 1991
Local Government Code, supra, is ministerial on the Council
Secretary and his staff. It is not discretionary. This is clear
under Section 469 of the law;

11. – What is evident and apparent is that the actions of

respondent Atty. Bernardo in not doing a ministerial duty is
dereliction of his duty to the “Sangguniang Panlunsod”; and
the City Government of Malabon. It is not a simple neglect but
a clear gross neglect of duty and considered conduct
prejudicial to the interest of the public for by not doing the
functions and duties as what he is expected to do prejudices
the city government and its constituents of a much needed
laws and ordinances that needed to be passed, thus, we are
filing this complaint before this Honorable Office to charge
respondent of the abovementioned administrative offenses.

12. – We further plead to this Honorable Office that a

preventive suspension against the respondent for his gross
inactions be likewise be issue pending the investigation in our
complaint.

COMPLAINANTS FURTHER SAYETH NAUGHT.

RUFINO F. BAUTISTA BERNARD C. DELA CRUZ

JOHN ANTHONY P. GARCIA MERLIN P. MANALAC

PAULO D. ORETA RICKY R. BERNARDO

JAIME V. DUMALAOG SOFRONIA B. LIM

EDWARD C. NOLASCO ANNA LIZZA G. YAMBAO

Complainants

SUBSCRIBED AND SWORN to be before me this ____ day

of April 2014 in the City of Malabon. I hereby further certify
that I have personally examined the Complainants and I am
fully satisfied that they have read, understood and voluntarily
executed the foregoing Complaint-Affidavit.

Asst. City Prosecutor