hajji.position paper.tesoro

REPUBLIC OF THE PHILIPPINES

PROFESSIONAL REGULATION COMMISSION MANILA 

In the matter ofADMINISTRATIVE CASE NoL-1023 1-1039

Administrative Case No.

Complainant,

For:

- versusMA. LOUISA B. ORTIZ,ZOILO FLORES, GLADYS HOPE TESORO,and  RHODA F. ABLAZA  Respond  ents.

X--------------------------------------------X 

POSITION PAPER  COMES

NOW  Respondents,

Gladys Hope Tesoro and Rhoda

Ablaza, through the undersigned counsel, in compliance with the Order of the Honorable, through the Hearing Officer , respectfully submits this Position Paper and, in support hereof, avers that:

PREFATORY STATEMENT

³Public officers

service

and

is

employees

a

public

must

at

trust. all

Public

times

be

accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.´

1

This is the substratum of the democratic

republican character of the State which simplifies the

intricate

precepts

and

canons

for

public

servants who hold public office as mere agents and representatives of the people, to whom they owe honest and unselfish public service.

It is disappointing, especially for obedient citizens, to behold public servants who could only qualify in reciting or putting down the letters of 1

Section 1, Article XI, 1987 Constitution

POSITION PAPER (for the Complainant) Adm. Matter No. 695 The Investigation Commitee City Legal Office, Antipolo City Edna Mudto vs. Randy Cabanza et al.

the

above

Page 2 of 7

provisions

upon

entering

the

civil

service. After employment, these supposed servants become oblivious of the principles upon which the government subsists. They will exact obedience from rather than obey the will of their principals. They would

prostitute

personal

and

public

family

office

to

interest,

advance finding

their every

possible ways to fatten their pockets, most classic of which is the exaction of unnecessary fees in the form of feigned regulation.

I. FACTS THE CASE

1. On October 26,2007, upon the order of Ms. Virginia Mangubat, herein respondents submitted their written explanation to Mrs. Mangubat concerning the incident which took place at the Office of the Professional teachers (OPT) Releasing Unit on October 15, 2007 which is the subject of the instant complaint. 2. Briefly stated the explanation of herein respondents states, thus: 2.1 That on the date of said incident,pursuant to our mandated duties and responsibilities, we were encoding information of teachers, who were applying for renewal of their license and attending to other clerical work at the window where the public transacts their business; 2.2. That around 11:00 in the morning, Ms. Dana Joy de Pedro filed for an application for the renewal of her license;That around 1:00 in the afternoon, Ms. Dana Joy de Pedro came back and askedif she can claim her renewed license earlier than the prescribed release date of her license. We received instructions from Ms. Ma. Luisa Ortiz to advise Ms. Dana Joy de Pedro to avail of the express lane services. We followed Ms. Ortiz¶ order,Ms De Pedro,indeed availed of the express lane service; 2.3 That when Ms. De Pedro gave the payment for the express service, we gaveit to Ms. Ortiz but the latterinstructed respondents to give it to Mr. ZoiloFlores.Thereafter,Ms. Ortiz gave us a folded paper and again instructed us to give it to Ms. DePedro. We followed her instructions not knowing that the said folded paper was a used receipt in the name of Lulu, M. J. Q.

POSITION PAPER (for the Complainant) Adm. Matter No. 695 The Investigation Commitee City Legal Office, Antipolo City Edna Mudto vs. Randy Cabanza et al.

1 Edna

Page 3 of 7

About first week of November 2010, herein Complainant Mudto

approached

respondent

Victorino

A.

Caceres,

Security Officer I, detailed at the Public Order and Safety Department (POSD) and designated as Operations Officer of Task Force, Gate 2, to inquire about the feasibility of her plans to put up stalls in a vacant lot near CMA and along Alfelor Avenue, during and a little after the Christmas season;

2.

Adamant

Respondent through

to

act

Caceres

her

on

the

directed

request

to

a

the

Complainant¶s Complainant

certain

Gringo

request, to

course

Valdez.

Upon

meeting with Gringo Valdez, Complainant asked him if the City Government of Antipolo would allow her to sell dry goods in the mentioned lot. Gringo readily replied that it may be approved, but he was going to bring the matter first to Mr. Randy Cabanza, OIC/Executive Assistant of City HallAnnex C. Thereupon, the Complainant told Gringo Valdez her willingness

to

lease

out

the

entire

lot

for

a

Hundred

Thousand Pesos (Php 100, 000.00) for a period of fifty (50) days. The said lot has an area of more or less 400 square meters;

3.

On

the

night

of

November

10,

2010,

Complainant

withdrew Php 30, 000.00 from her bank account intended as initial payment for the rent of the vacant lot. Thereafter, accompanied by Gringo Valdez, she proceeded to the Office of

Respondent

Randy

Cabanza.

Inside

the

Office

of

Respondent Cabanza and in the distant presence and view of the Complainant, Gringo Valdez handed the Php 30, 000.00 to Respondent Cabanza;

4.

Four

days

later,

the

Complainant

was

informed

by

Gringo Valdez that respondent Victorino Caceres wanted to talk to her and that he was expecting the complainant to

POSITION PAPER (for the Complainant) Adm. Matter No. 695 The Investigation Commitee City Legal Office, Antipolo City Edna Mudto vs. Randy Cabanza et al.

Page 4 of 7

come to the Office of POSD by night of the same date. As expected, Complainant Mudto showed up at POSD office, where she was informed by Respondent Caceres that her application for

lease

of

Thereupon, through

the

the

vacant

lot

Complainant

Gringo

Valdez,

was

handed

about to

Php

the

initial rental. To complete the

to

be

approved.

Respondent

12,

000.00

Caceres, additional

Php 50,000.00 representing

the fifty percent (50%) of the rental, the Complainant, the Php

following day, gave to Gringo Valdez the sum of

8,

000.00.

5. (10)

On November 17, 2010, respondent Cabanza issued ten temporary

Complainant

permits

included.

to

Under

ten the

different terms

of

names,

the

the

temporary

permits, the Complainant and her nine (9) relatives-fellow vendors will start occupying the lot and do their ³tiangge´ activities therein from November 18, 2010 to January 6, 2011. On the night of November 17, 2010 and before the Complainant

and

her

relatives

could

completely

put

up

stalls, Respondent Cabanza came up to the vacant lot and recalled the originals of the temporary permits. Except for the one issued in her name, Complainant Mudto returned to Cabanza the nine original temporary permits. In the early morning Callanta

of

the

and

inspected

November

Col.

the

Julian

area

and

18,

2010,

Pantunial, directed

respondent the the

Head

Eduardo of

POSD,

complainant

to

dismantle her stalls despite the latter¶s presentation of the Temporary Permit issued by Respondent Cabanza;

6.

Due to the question on the legality of her temporary

business

permit,

the

Complainant

was

able

to

operate

³tiangge´ in the subject lot only on November 27, 2011. The following day, however, he was again stopped from operating and was allowed to resume business on December 3, 2011, accordingly

upon

the

humanitarian ground.

permission

of

the

City

Mayor

on

POSITION PAPER (for the Complainant) Adm. Matter No. 695 The Investigation Commitee City Legal Office, Antipolo City Edna Mudto vs. Randy Cabanza et al.

4.

Page 5 of 7

Complainant¶s ³tiangge´ business was supposed to last

per November 17, 2010 Temporary Permit until January 6, 2011, but the same was unceremoniously pre-terminated on January 3, 2011, allegedly upon order of the City Mayor.

5.

Aggrieved by the respondents¶ misrepresentation as to

the legality and validity of the temporary business permit, the Complainant filed a Letter Complaint before the Office of the City Mayor on January 10, 2010. The Office of the City Mayor, through its Legal Office, issued its January 20,

2011

Memorandum

addressed

to

respondents

Cabanza,

Callanta and Caceres, directing them to submit to the said Office their Counter-Affidavit/Comment on the allegations of the Complainant;

6.

After

the

Respondents¶

Counter-Affidavits,

the

filing

of

Investigation

their

respective

Committee

of

the

Legal Office conducted hearings on the case on February 16 and

22,

2011,

March

1,

4

and

7,

2011.

Thereafter,

the

Investigation Committee issued its March 11, 2011 Order, directing the parties to submit their respective position paper within ten (10) days from receipt thereof;

7.

The

Complainant,

through

counsel,

received

the

said

Order on March 17, 2011; thus, she has until March 28, 2011 to file her position paper, the tenth day (March 27,2011) being a non-working day. II. ISSUE TO BE RESOLVED

6. Board

is:

The

lone

Whether

issue or

not

calling the

for

resolution

respondents

could

of be

the held

administratively liable for grave misconduct. III. DISCUSSION/ARGUMENTS

7. questions:

Coming to fore in this case are these primordial (1)

³Are

respondents

empowered

or

legally

POSITION PAPER (for the Complainant) Adm. Matter No. 695 The Investigation Commitee City Legal Office, Antipolo City Edna Mudto vs. Randy Cabanza et al.

Page 6 of 7

authorized to issue and sign business permits, temporary or otherwise?;

May

(2)

otherwise,

in

the

business

City

of

permits,

Antipolo

be

temporary issued

to

or any

applicant without corresponding processing fee or charge?; and

(3)

If the issuance of a business permit, temporary or

otherwise,

in

the

City

of

Antipolo

requires

payment

of

processing fee, are respondents authorized to receive the payment sans official receipt?

8. issued

It

was

ten

established

(10)

that

temporary

respondent

permits

in

Cabanza

favor

of

Complainant and her nine fellow-vendors . 2 respondent

Cabanza

affirmed

to

have

has the

Although issued

temporary

permits on November 18, 2011, 3 the only original temporary permit

that

was

left

to

the

Complainant¶s

indicates its issuance on November 17, 2010.

4

posseesion During the

hearing on March 7, 2011, Respondent Cabanza affirmed that he was not authorized to issue permits. He thus testified:

9.

Respondent

Cabanza¶s

admission

that

he

is

not

authorized to issue and, much less, sign business permits, temporary or otherwise, is buttressed by the January 18, 2011 Special Report

5

of Retired Col. Julian F. Pantonial,

who stated that he was not informed nor consulted by OIC Cabanza about the issuance of temporary permits.

10.

Respondent

Cabanza¶s

acts

alone

of

issuing and

signing temporary permits constitute ³grave misconduct´ as he was misrepresenting himself to have the authority to do so when, by law, that power is exclusively vested in the City Mayor as the local chief executive. Worse, in issuing the same permits, he had the temerity of exacting fees and charges

for

its

receipts; 2

3 4

5

Page 7, March 7,

2011

TSN

Page 8, Ibid. Exhibit ³C´

Hereto attached as Annex ³A´

issuance

without

corresponding

official

POSITION PAPER (for the Complainant) Adm. Matter No. 695 The Investigation Commitee City Legal Office, Antipolo City Edna Mudto vs. Randy Cabanza et al.

Page 7 of 7

11.

P R A Y E R  WHEREFORE,

Honorable

it

Office

is

that

respectfully

after

prayed

considering

the

unto

the

evidence

on

record a decision be rendered finding the respondents not guilty

of

instant

grave

complaint

misconduct, against

and

them

accordingly and

dismiss

reinstating

them

the to

active duty in government service. Relief and other remedies just and equitable under the premises is likewise prayed for. Respectfully submitted, Manila, March 28, 2011.

GLADYS HOPE TESORO

RHODA F. ABLAZA 

Respond  ent-Affiant

Respond  ent-Affiant

SUBSCRIBED AND SWORN TO before me this 28 th of March

2011

at

City

of

________________.

Doc. No. ____; Page No. _____; Book No. _____; Series of 2011.

Manila,

affiant

exhibiting

to

me

her