You are on page 1of 3

Republic of the Philippines

SANGGUNIANG BAYAN OF MERCEDES Province of Camarines Norte Municipality of Mercedes SPOUSES RUEL T. DOMINGUEZ & AMOR R. DOMINGUEZ, Complainants, -versus-

ADMIN. CASE No.______________ For: GRAVE ABUSE OF AUTHORITY

PUNONG BRGY. NILO N. DAZAL & BRGY. KGD. RIZALDY Q. LAYA, Respondents. x-----------------------------------------------------x

COMPLAINT-AFFIDAVIT
That we, Spouses RUEL T. DOMINGUEZ & AMOR R. DOMINGUEZ, both of legal age, Filipino citizens, and residents of Brgy. Tarum, Mercedes, Camarines Norte, after having been duly sworn to in accordance with law, hereby depose and say: That we are the rightful owners of a certain parcel of land situated in Brgy. Tarum, Mercedes, Camarines Norte that we acquired by way of Deed of Absolute Sale from FLORENCIO DOMINGUEZ as per Doc. No. 358; Page No. 72; Book No. LXXVII; Series of 2012, executed before Notary Public Libertino Ramos, dated December 14, 2012, more particularly described as follows( Photocopy of the Deed of Sale and Tax Declaration, hereto attached as ANNEX A and B, respectively. to form integral part of hereof): A parcel of land situated in Barangay Tarum, Municipality of Mercedes, Province of Camarines Norte, Island of Luzon. Bounded on the North by property of Maximo Diaz, on the East by Multi-purpose Pavement; on the South by property of Nemia Basel; and on the West by property of Alfredo Ebron. Containing an area of TWO HUNDRED (200) SQUARE METERS, Declared for taxation purposes under ARP No. GR-2011-GG-07-026-00137. That the respondents NILO N. DAZAL and RIZALDY Q. LAYA are the incumbent Punong Barangay and Barangay Kagawad, respectively, of Brgy. Tarum, Mercedes, Camarines Norte; That on or about 10:00 AM on December 29, 2012, while we are inside our house in Brgy. Tarum, Mercedes, Camarines Norte, we suddenly heard a banging sound just outside our residence and when we went out to check it, we saw Punong Barangay Dazal, with a hammer in his hands, knocking down our newly constructed concrete fence. When asked if he has any papers or documents authorizing him to do so, he answered arrogantly that GAGABAON KO INI TA AKO ANG KAPITAN DIGDI SA TARUM, AKO ANG MAKAPANGYARIHAN DIGDI SA TARUM;. Then he ordered the three barangay tanods, namely, Esmeraldo Smith Sales, Antonio Yago, and Fernando Datu, who were with him during that time to continue knocking down the said fence, who although hesitant at first, were compelled to obey, particularly Esmeraldo Smith Sales, due maybe to fear; That said Punong Barangay Dazal even entered our compound and ordered the tanods to tear down the then just newly installed perimeter

cyclone wires. After a while, Kagawad Rizaldy Laya came and helped with the tearing down of the cyclone wires of the said fence; That my hired worker, JUNA JAY B. OLIVA, tried to stop said Punong Barangay Nilo Dazal, but he was reprimanded by the latter by saying DAE KA IGDI MAKIALAM TA BAKU MO INING DAGA, TRABAHADOR KA LANG IGDI, BINABAYADAN KA LANG;
That the group successfully knocked down the concrete fence and tore down the perimeter cyclone wires despite our protest; That we have recorded on a video and took pictures of the whole scene to document their actions (copies of the pictures are hereto attached as ANNEX C to form integral part hereof; copy of the video shall be made available upon request/order of this Honorable Body); That as a result of their actions, we incurred damages to our property amounting to PhP7000,00, more or less, not to mention the trauma, anxiety and humiliation that our family have suffered due to the said incident; That the actions of Punong Barangay Nilo Dazal and Kagawad Rizaldy Laya constitute Grave Abuse of Authority, considering that they have no valid ground nor authority, whatsoever, to destroy our property; that said act is not within the scope of their powers and functions as barangay officials as provided for in Republic Act 7160, otherwise known as The Local Government Code of 1991; That we are executing this affidavit to attest to the veracity and truthfulness of all the foregoing, and for the purpose of filing an Administrative Case for Grave Abuse of Authority against the herein respondents. IN TRUTH WHEREOF, we have hereunto __________________________________, in Daet, Camarines Norte, set our hands this

RUEL T. DOMINGUEZ Affiant DepEd Emp. ID No. 4216440

AMOR R. DOMINGUEZ Affiant DepEd Emp. ID No. 4351282

VERIFICATION / CERTIFICATION We, Spouses RUEL T. DOMINGUEZ & AMOR R. DOMINGUEZ, both of legal age, Filipino citizens, and residents of Brgy. Tarum, Mercedes, Camarines Norte, upon oath, hereby declares: That we are the complainants in the above-captioned complaint-affidavit against PUNONG BRGY. NILO N. DAZAL & BRGY. KGD. RIZALDY Q. LAYA, both of Brgy. Tarum, Mercedes, Camarines Norte;

That we have read the contents thereof and the allegations therein are true and correct of our own personal knowledge and belief, as well as true and correct on the basis of authentic documents and records in our possession; That we have not commenced any action involving the same issue nor have knowledge of the same that is pending in any court, tribunal or quasi-judicial agency;

That if we should learn that similar action has been filed or is pending before any court, tribunal or quasi-judicial agency, we undertake to report that fact within five (5) days therefrom to this honourable body;
IN WITNESS WHEREOF, we have hereunto set our hands this__________________, in Daet, Camarines Norte.

RUEL T. DOMINGUEZ Affiant DepEd Emp. ID No. 4216440

AMOR R. DOMINGUEZ Affiant DepEd Emp. ID No. 4351282

SUBSCRIBED AND SWORN to before me, this ________________, at Daet, Camarines Norte, affiants exhibited to me their respective valid IDs indicated below their names as competent proof of their identity. Doc. No._______ Page No._______ Book No._______ Series of 2012. ANNEXES A B C D E F Deed of Absolute Sale dated December 14, 2012; Tax Declaration in the name of Florencio Dominguez; Pictures showing the actual incident; Photocopy of the Certification of Blotter by the Mecedes PNP; Sinumpaang Salaysay of HELEN B. MENDOZA; Sinumpaang Salaysay of JUNA JAY B. OLIVA

Copy furnished: Office of the Mayor Mercedes, Camarines Norte DILG Office Mercedes, Camarines Norte