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.01-2013 For: GRAVE ABUSE OF AUTHORITY

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

COMMENT/OPPOSITION TO MOTION FOR EXTENSION WITH MOTION TO DECLARE RESPONDENTS IN DEFAULT AND EXPEDITE HEARING
COME NOW, the complainants by themselves and unto to this Honorable Office, by way of comment and opposition to the motion for extension most respectfully state:

1. That on January 30, 2013, the undersigned complainants received a copy of the
motion for extension of TEN (10) DAYS to commence from January 30, 2013 to February 9, 2013 to file a verified answer alleging therein that they need more time to collate the necessary and relevant documentary and testimonial evidence;

2. That it must be noted that the respondents admitted impliedly in the said motion
that they have received the copy of the complaint as early as January 15, 2013 which is time enough for them to prepare all the necessary and relevant documentary and testimonial evidence if indeed they have any;

3. That again, it is worthy to note that the herein respondents waited until the last day
of the prescribed period to file an answer before filing the motion for extension of another TEN (10) DAYS which last day would fall on FEBRUARY 9, 2013, and which suspiciously coincides with the start of the 90 day prohibition period to investigate elective official who has been charged of administrative case as provided for under Sec. 62, (c) of Republic Act 7160, otherwise known as the Local Government Code of 1991;

4. That this fact is known to the herein respondents being the Local Chief Executive
and Barangay Kagawad, respectively, and said motion is obviously a very clever strategy in an attempt to delay the proceedings and hinder the administration of justice;

5. That granting for the sake of argument that the herein respondents have indeed
evidence to anchor their actions, they should have presented it on the first opportunity when the undersigned asked for them to produce any written order or any document authorizing them to demolish and destroy their property, which could have save both of them the anguish, anxiety, not to mention precious time and money caused by the filing of the instant case;

6. That the filing of the motion is a frail attempt of the herein respondents to again
make a mockery of the law and manipulate the proceeding and ultimately delayed the administration of justice and deny the undersigned of their rights to the peaceful possession of their property;

7. That considering the failure of the herein respondent to timely file a verified answer
within the prescribed period, an order to declare the respondents in default is just and proper;

8. That in the interest of justice and considering the impending election ban, the
undersigned complainants move to expedite hearing for the immediate disposition of the instant case. WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Office that:

1. The instant motion for extension to file answer be DENIED ; 2. The herein respondents be DECLARED IN DEFAULT for failure to file an answer
within the prescribed period and EXPEDITE THE HEARING of the instant case. Mercedes, Camarines Norte, January 31, 2013.

RUEL T. DOMINGUEZ Complainant

AMOR R. DOMINGUEZ Complainant

Copy furnished: Punong Barangay Nilo Dazal Brgy. Kagawad Rizaldy Laya Brgy. Tarum, Mercedes, Camarines Norte