Republic of the Philippines

Department of Education
REGION IV-A CALABARZON
Karangalan Drive, Karangalan ES, Karangalan Village, Cainta, 1900 Rizal

COMPLAINT-AFFIDAVIT

COMES NOW the Complainant, LAILANE T. CAMPOSAGRADO,

through counsel, and unto this Honorable Office, most respectfully alleges
that:

1. Complainant, LAILANE T. CAMPOSAGRADO, of legal age,

Filipino, married and a Public School and which for purposes of

this action, complainant may be served with copies of our notices

and orders of the Honorable Office through her Para-legal counsel

CHING T. CAMPOSAGRADO with office address at DEPED

SCHOOLS DIVISION OFFICE, LEGAL SECTION, QUEZON

CITY located at San Francisco High School Compound, Nueva

Ecija St. Barangay Bago Bantay, Quezon City.

2. Respondents, MRS. MERLITA NATIVIDAD, GLORIA

MASCARIÑA and EVELYN VILLAFLOR, Principal and

Teachers respectively of Alabat Central Elementary School,

Alabat, Quezon, Philippines and thereat for purposes of this

action, may be served with summons and other processes of this

Honorable Office.

3. The undersigned complainant is filing this administrative

complaint for Oppression, Grave Misconduct, and Illegal

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 Collection of Fees in relation to R.A. 5546 against the above

mentioned respondent.

4. Herein respondent principal Natividad in connivance with

respondents Mascariña and Villaflor intentionally, wilfully,

deliberately, unreasonably and excessively used her authority by

forcing and coercing the herein complainant and other teachers of

Alabat Central Elementary School to do several things and to pay

for some several amounts that are beyond our duties and

responsibilities as a teacher. The following are the illegal acts of

the herein respondent principal that is clearly constitutive of

Oppression and Illegal collection of fees in violation of R.A. 5546:

a. Respondent coercively and forcibly imposed and

collected the amount of Two (2) Thousand Pesos
allegedly for the payment of tickets for fund
raising projects.
b. Respondent coercively and forcibly directed the
undersigned complainant to buy flower pots for
the beatification of the school.
c. Respondent coercively and forcibly directed the
undersigned to buy paints and other materials
for the beautification of the school particularly of
the classroom.
d. Respondent humiliated the undersigned
complainant because the latter failed to comply
with some of her orders and directives

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 considering that it involves not just a little
amount of money.

The foregoing illegal acts of the herein respondent clearly

constitute Oppression and Illegal Collection of Fees in relation to R. A.
5546.

“Oppression is defined as an act of cruelty, severity, unlawful

exaction, domination or excessive use of authority.”

The fact that the herein respondent Principal used her authority
with the help and connivance of her two (2) co-respondents, to coerce and
to force the herein complainant and other teachers of the said school to do
an act that is beyond the duties and responsibilities of teachers is an act of
unlawful exaction and excessive use of authority that is tantamount to
oppression.

Moreover, herein respondent likewise violated R. A. 5546.

R.A. 5546-Prohibition against Contributions and Collections

Prohibited collections

The sale of tickets and/or the collection of contributions

in any form whatsoever, by any person for any project or
purpose, whether voluntary or otherwise, from school children,
students and teachers of public and private schools, colleges and
universities is hereby prohibited.

R.A. 5546 clearly prohibits the sale of tickets and collection of

contributions from the teachers, whether voluntary or otherwise. The
provision of R.A. 5546 is clear and unequivocal that has no room for
interpretation but rather, for application.
Moreover, on the issue of Grave Misconduct, the respondent
principal ordered the delivery of flower pots, again with the help and
connivance with the herein respondents Mascriña and Villaflor, allegedly

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for the beautification of the school, to the herein complainant without even
asking the latter’s consent. The herein complainant obviously refused to
pay such flower pots because in the first place, she never ordered for such
flower pots, and second, she has no obligation to pay, at her own expense,
anything for purposes of beautification of school. Respondents, upon
learning that the complainant refused to pay the amount of flower pot,
humiliated and cursed the herein complainant that is clearly tantamount to
Grave Misconduct. Grave Misconduct is defined as, to wit:

“Misconduct is a transgression of some established and definite

rule of action, more particularly unlawful behaviour, manifested
with corruption, wilful intent to violate the law or disregard of
some established rules.”

Clearly, the herein respondent committed grave misconduct when

she transgressed a definite rule of action which particularly her unlawful
behaviour. The same has the element of wilful intent to violate the law and
disregard of established rules considering that she, as the principal, knew
deped orders reiterating the prohibition on collection and the norm and
conduct of a public school teacher. It is crystal clear that the herein
respondent wilfully and intentionally violate the law and deped orders
with her unlawful behaviour and considering that her misconduct and
misfeasance have a direct relation and connected with her official function,
the same is tantamount to grave misconduct that should warrant her
removal from office.

In the case of Sariguimba v. Pasok, 155 SCRA 677, the Supreme Court
ruled in this wise:
“To warrant removal from office of an officer or employee, the
misconduct, misfeasance or malfeasance must, as a general rule,
have a direct relation to and be connected with the official duties of
the officer being charged.”

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 Considering that all elements of grave misconduct were present,
the dismissal from the service of the herein respondents is just and in
accordance with DepEd Order No. 49 s. 2006.

Lastly, may the undersigned complainant manifest and move that

the pieces of evidence and affidavits of witnesses in support of this
complaint be presented during the preliminary/clarificatory hearing to be
called by your office for this case just to preserve the integrity of such
pieces of evidence and affidavits. Further, may the undersigned
complainant request your honourable office, this regional office, to directly
investigate on the matter and further request for the creation of an
Investigation Team from the Regional Office that will conduct Fact-Finding
Investigation considering that the commission of these kinds of offenses are
very rampant in our school.

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed of

this Honorable Office, the following:

a. To issue of a formal charge against herein respondents for the

offenses of Oppression, Grave Misconduct, Illegal Collection and
violation of R.A. 5546.

b. The issuance of a preventive suspension order to temporarily remove

the respondent from the scene of his misfeasance or malfeasance and
to preclude the possibility of exerting undue influence or pressure on
the witnesses against him or tampering of documentary evidence on
file with his office.

c. The issuance, after due process, a decision finding the respondents

guilty as charged with the corresponding penalty of dismissal from
the service.

d. Other just and equitable reliefs are likewise prayed for.

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 Quezon City, Philippines. July 7, 2016.

Signed
LAILANE T. CAMPOSAGRADO
Complainant

Signed
ATTY. CLIMARK DALIYONG DASAYON
IBP No. 963578 / 1-12-15/ Kalinga
PTR No. 9979031/ 1-14-15/ Kalinga
Roll No. 63556
Exempted-MCLE Governing Board Order No. 1
Series of 2008/July 4, 2008

Unit 505, 5th Floor OMM-CITRA Bldg.

#39 San Miguel Ave. Ortigas Center, Pasig City

Signed
ATTY. MA. ARLENE S. BORJA
Senior Associate
Gargantiel Atanante & Ilagan Law Office
2nd Floor, Times Square Building
57 Times St Corner Examineer Street
West Triagle, Quezon City

Signed
CHING T. CAMPOSAGRADO
Para-Legal Counsel
Schools Division Office
Quezon City
352-6796

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, LAILANE T. CAMPOSAGRADO, Filipino, of legal age, with office

address as Alabat Central Elementary School Philippines, after having been duly
sworn in accordance with law, hereby depose and state:

1. That I am the Complainant in the foregoing complaint.

2. That I have caused the preparation of the foregoing complaint;

3. That I have read the contents thereof; and

4. That the allegations therein are true and correct of our my personal
knowledge and based from authentic and genuine documents;

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 I further certify under oath that I have not commenced an action involving
similar issues before the Supreme Court or any of its division; before the Court of
Appeals or any divisions thereof; before the Regional Trial Courts, Municipal
Trial Courts or any other agency of the government. That if I should learn about
the pendency of similar action, I shall inform the Honorable Court within five
days from knowledge thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th of July 2016
at Quezon City.

Signed
LAILANE T. CAMPOSAGRADO
Affiant

SUBSCRIBED AND SWORN to before me this _________by affiant who

is personally known to me, exhibiting to me sufficient proof of his identity.

Doc. No.
Page No.
Book No.
Series of 2016

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