Republic of the Philippines )Tagbilaran
City )S.S. x--------------------------------/
C
OMPLAINT
-A
FFIDAVIT
I,
RENIERIO BALANDRA y JACOT
, Filipino, of legal age,married, and a resident of Western Poblacion, Alburquerque,
Bohol,Philippines, under oath, hereby depose and state, that:1.
I am filing this criminal and administrative complaint against
MUNICIPAL COUNCILOR ADRIANA B. MILO
of theMunicipality of Alburquerque, Province of Bohol, for:a.
Conduct which constitute prohibited acts andtransactions defined and penalized under
Section 7(d)of Republic Act No. 6713
, otherwise known as the
“Code of Conduct and Ethical Standards for PublicOfficials and Employees”
; b.
Grave misconduct,c.
Grave abuse of authority;d.
Conduct prejudicial to the best interest of the service;ande.
Such other criminal and administrative offensescovered under the Revised Penal
Code; Republic Act3019, or the
“
Anti-Graft and Corrupt Practices Act
”;
and Republic Act 6713, or the
“
Code of Conduct andEthical Standards for Public Officials and Employees,
”
as may be determined by this Honorable Office.2.
Municipal Councilor Adriana B. Milo, with Salary Grade No. 24, isan incumbent
Municipal Councilor of the Municipality ofAlburquerque, Province of Bohol. She
may be served with summonsand processes at the Office of the Sangguniang Bayan
(SB),Municipality of Alburquerque, Bohol.3.
The acts complained of were committed by Councilor Adriana B.Milo [
Councilor Milo, hereafter
], as follows:4.
Sometime on November and December 2016, Councilor Milo
demanded
from me the amount of
Thirty Thousand Pesos(P30,000.00)
and then
solicited one (1) roasted pig
or
“
lechon
”
.
2
5.
Councilor Milo, in her official capacity as Municipal Councilor and asMember of the
Sangguniang Bayan, made the demand for saidamount of money and solicited the
lechon
from me while I was thesubject of an investigation by the Sangguniang Bayan (SB) of
theMunicipality of Alburquerque, in connection with my quarryingactivity within my
property located in Barangay Tagbuane,Alburquerque, Bohol.6.
The details of the demand for the amount of P30,000.00 and thesolicitation of the
lechon
made by Councilor Milo from me is narratedhereunder:7.
Sometime in the later part of November 2016, Councilor Milosummoned me to her
house and demanded from me the amount of
P30,000.00
in exchange for her assurance that the Sangguniang Bayanwill no longer pursue
conducting an investigation and taking
“
legalaction
”
against me in relation to my quarry within my property inBarangay Tagbuane,
Alburquerque. Upon entering the house ofCouncilor Milo, she and her husband
castigated me with regards myquarrying, and then, Councilor Milo threatened me
that she would filea case against me at the Ombudsman, telling me in the local dialect:
“Nganong ga negosyo pa man ka anang quarry nga kwartahan na
manka? IpaOmbudsmankanako. Ilegalnaimong quarry.
”
[Translated roughly as:
“Why do you have to engage in quarrybusiness, you’re already wealthy? I’ll sue you
at the Ombudsman.
Your quarrying is illegal.
”
] After a litany of harsh threatening words,Councilor Milo insistently demanded that I
give her the amount of
Thirty Thousand Pesos (P30,000.00)
. Councilor Milo specificallysaid to me in the local dialect:
“Mangayo ko
ugbahinsaimonginagi-
an sa quarry… Thirty thousand. Ako na’y bahala mo deal sa
SB aron dili na ka imbestigahan sa SB, dili na ka
kasohan.”
[
“
Giveme a share from your quarrying
… Thirty thousand. I’ll take care of
dealing with the SB so that the SB will no longer conduct aninvestigation and no
case will be filed against you”
.]8.
First and foremost, I could not think of any wrongdoing in connectionwith my
quarrying activity that would make me liable to anyone,much less the Sangguniang
Bayan of Alburquerque due to the factthat I have obtained a quarry permit from the
Office of the Governor,Province of Bohol, through the Bohol Environmental
ManagementOffice (BEMO) for said quarry covering my property in
Tagbuane,Alburquerque.9.
Although the threats made by Councilor Milo struck me as odd, I wasleft with no
choice at that time since I felt threatened by whatCouncilor Milo told me and I feared
that my quarry business will beaffected if ever the
Sanggunian
will indeed push through with theirinvestigation and
“legal action”
as Councilor Milo told me.
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3
10.
I was forced to give in
to Councilor Milo’s demand for money and as
I was able to come up with
Twenty Thousand Pesos (P20,000.00)
, Igave Councilor Milo the said amount the second time she called me toher house a
few days later. During that time, after I gave her theP20,000.00 cash, Councilor Milo
told me that I still owe her
TenThousand Pesos (P10,000.00)
, telling me in the local dialect:
“Kuwangan pa ni
ugP10,000.00.Naapaka
’y kuwang nako P10,000.00.”
[“This is still short of P10,000.00. You still owe meP10,000.00.”]
11.
Then, during the December 12, 2016 Regular Session of theSangguniang Bayan of
Alburquerque, Bohol, SB members, includingCouncilor Milo, summoned me to
attend the session to answer querieswith regards my quarry operations. During the
said December 12,2016 Regular Session, Councilor Milo talked to me in private
andtook advantage of the opportunity to demand from me the P10,000.00.She
renewed her threats, insisting that my quarry is illegal, and thatthe
Sanggunian
will take legal steps against me if I do not acquiesceto her demand for money.12.
It was about a couple of weeks after I gave P20,000.00 to CouncilorMilo that she
again summoned me to her house. This time, CouncilorMilo asked from me to pledge
“lechon”
for the Christmas Party of theSangguniang Bayan. Councilor Milo specifically told me:
“Ako na’ymahibaw molihok sa imong problema. Ako na’y bahala sa mga SB
membersaftersilamaka-kaonsaimongl
echon.”
[Translatedroughly as:
“I’ll take care of your problem. I’ll handle the SBmembers after they have eaten your
lechon”
.] Then, once again,Councilor Milo demanded from me the P10,000.00 that I
purportedlyowe her from my quarrying and that I should give her said amount.And
since I did not have the said amount at that time, she insisted thatI send her the said
amount upon my delivery of the
lechon
.13.
Again, I was left with no choice but to give in
to Councilor Milo’s
demand for the
lechon
. I directed two (2) of my workers, JunrayOrevillo and Junry Teves, to cook and
prepare one (1)
lechon
anddeliver it to Councilor Milo. I also asked Junray Orevillo to give toCouncilor
Milo the amount of
Five Thousand Pesos (P5,000.00)
cashalong with the delivery of the
lechon
.14.
In support of the foregoing allegations, I have attached herewith as
Annexes “A”
and
“B”
the Affidavits of Junray Orevillo and JunryTeves, attesting to the fact that they were
the ones who personallydelivered to Councilor Milo, and that the latter personally
received,the said
lechon
and the amount of P5,000.00 cash as part of theamount that Councilor Milo had
demanded from me.
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7
VERIFICATION AND CERTIFICATIONOF NON-FORUM SHOPPING
Republic of the Philippines )City of Tagbilaran ) S.S x - - - - - - - - - - - - - - - - - /
I,
RENIERIO BALANDRA y JACOT,
Filipino, of legal age,married, and a resident of West Poblacion, Alburquerque,
Bohol,Philippines, after having been duly sworn to in accordance with law,
herebydepose and say:That I am the complainant in the foregoing Complaint;That I
have caused the preparation and filing of the foregoingComplaint-Affidavit;That I
have read and do understand the contents thereof; and that tothe best of my
knowledge, the allegations therein are true and correct;That I hereby certify that I
have not commenced any similar action before any court, body, tribunal or quasi-
judicial agency involving the hereincase against herein Respondent; and to the best of
my knowledge, no suchsimilar action or claim is pending therein, and that if I learn
that there is suchsimilar action or claim pending, I shall promptly notify this Office
and suchcourt, body, tribunal or agency.That I hereby execute this verification and
certification to attest to thetruth of the same.City of Tagbilaran, Philippines, July 12,
2017.
RENIERIO J. BALANDRA
Affiant
SUBSCRIBED AND SWORN to before me this 12
th
day of July 2017in the City of Tagbilaran, Bohol, Philippines, Affiant exhibited to me
hisUnified Multi-Purpose ID bearing CRN-0111-4490201-8, as competent proof of
his identity.
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