Republic of the Philippines
Province of Bulacan
MUNICIPALITY OF GUIGUINTO
OFFICE OF THE SANGGUNIANG BAYAN
KAGAWAD CRISPIN T. GALVEZ,
KAGAWAD CANDIDO M. MENDOZA,
KAGAWAD DANILO E. LANGI, KAGAWAD
CRISPIN B. MENDOZA, KAGAWAD
JOSELITO S. AGUSTIN AND KAGAWAD
EDILYN A CRUZ
Complainants,
ADMIN CASE NO. 02-SB-2022
-versus- For: DISHONESTY, OPPRESSION,
MISCONDUCT IN OFFICE, GROSS
NEGLIGENCE OR DERELICTION
OF DUTY, ABUSE OF AUTHORITY
AND SUCH OTHER LAWS AS MAY
BE PROVIDED IN THIS CODE AND
OTHER LAWS UNDER SEC. 60 (C)
(E) (H) OF THE LOCAL
GOVERNMENT CODE, ILLEGAL
USE OF PUBLIC FUNDS OR
PROPERTY UNDER ART. 220 OF
THE REVISED PENAL CODE AND
SEC. 3 (E) (F) OF R.A. NO. 3019
BARANGAY CAPTAIN DANTE C.
SILLANO
Respondent.
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PRELIMINARY CONFERENCE BRIEF
(FOR RESPONDENT)
Respondent, through the undersigned counsel and unto this Honorable Office, submits
this Preliminary Conference Brief and respectfully states that:
I. Statement of willingness to enter
into amicable settlement
Herein respondent is willing to discuss and accept settlement plan under such terms
and conditions as may be mutually beneficial to the parties.
II. Summary of admitted facts and
proposed stipulation of facts
The admitted facts:
1. The identity and addresses of the parties.
2. The fact that respondent as well as complainants are all barangay officials of
Barangay Tiaong, Guiguinto, Bulacan.
3. The existence of the Audit Observation Memorandum issued by the Commission
on Audit.
Proposed Stipulation of Facts:
4. That complainants will likewise be impleaded if and when the Commission
on Audit would file administrative or any case against respondent for the
supposed and questioned irregular bidding.
5. That complainants knew about the action plans of the respondent for their
barangay and that they consented into every plan of the latter.
III. Issues to be tried
A) WHETHER OR NOT RESPONDENT IS LIABLE OF THE OFFENCE CHARGED.
B) WHETHER OR NOT COMPLAINANTS HAS A CAUSE OF ACTION IN FILING
THE INSTANT COMPLAINT.
C) WHETHER OR NOT THERE IS A SUBSTANTIAL EVIDENCE TO PROVE THE
GUILT OF THE RESPONDENT.
IV. Documents and exhibits to
presented
a) Logbooks of those who borrowed and used the barangay vehicles – To prove
that anybody from their barangay may borrow the barangay vehicles and
disprove that they are being lent to only selected individuals with same
political line or attachments with the respondent.
b) Listings of the petty cash spent together with the complete receipts,
vouchers and documents to support the expenditures starting from the time
respondent transferred the handling and monitoring of the petty cash to the
Barangay Administrator – To prove that the transfer of handling the petty
cash from the Barangay Treasurer to the Barangay Administrator was for the
best of the barangay. To prove that the barangay spent less from the petty
cash since its management and safekeeping was transferred to the Barangay
Administrator.
c) Receipts and documents to support the expenditures of the barangay for the
previous fiscal years – to prove that all expenses by the barangay are well
supported by receipts.
d) Copies of the Information Slips by all applicants who requested and were
issued Barangay Clearances, Certificate of Barangay Indigency, Certificate of
Residency, Certificate of Barangay Scholarship, Barangay Identification Cards
and Business Clearance by the Office of Barangay Tiaong, Guiguinto, Bulacan
– To prove that anybody from their barangay may apply for Barangay
Clearances, Certificate of Barangay Indigency, Certificate of Residency,
Certificate of Barangay Scholarship, Barangay Identification Cards and
Business Clearance and disprove that constituents who are not aligned with
the political attachments of respondent are not served or prohibited to apply
for the said certificates.
For good cause shown and whenever exigencies require, respondent reserves
the presentation of other documents in the course of the trial.
V. Witnesses for the defendants
a) CAPTAIN DANTE C. SILLANO - to disprove all the allegations in the
complaint. To prove that he never malversed or pocketed a single centavo of
the barangay funds. To prove that he never abused his power and authority. To
identify documentary evidence material to the complaint.
Respondent reserves the right to present two additional witnesses in the course
of the trial for good cause shown and when exigencies require.
VI. Modes of Discovery
Herein respondent manifest his intention to avail of modes of discovery
procedures as need arises in the course of the trial.
VII. Laws and Jurisprudence
Pertinent provisions of the Local Government Code of the Philippines, Revised
Penal Code of the Philippines, applicable rules of Revised Rules of Court and
Jurisprudence.
VIII. Trial Dates
To avoid conflict of date and time being handled by counsels, it is respectfully
suggested that the date and time of hearings of the case be fixed and agreed
upon during the Preliminary Conference.
WHEREFORE, premises considered, it is prayed that the foregoing Preliminary
Conference Brief for the respondent be considered sufficient compliance to the Order
of the Honorable Office of the Sangguniang Bayan of Guiguinto, Bulacan and
requirements of the Rules of Court.
Other just and equitable remedies are likewise prayed for.
Respectfully submitted.
5 December 2022. Guiguinto, Bulacan.
DOMICIANO A. PAGULAYAN
Counsel for the Respondent
Unit 25B, Golden Plaza Building, 8002 McArthur Highway
Brgy. Ilang-Ilang, Guiguinto, Bulacan
PTR. No. 7744661/01-03-22/Balagtas, Bulacan
IBP Lifetime No. 022554
MCLE Compliance No. VI-0016701
Roll No. 56556
attydompagulayanlawoffice@gmail.com
NOTICE
The Secretary of the Sangguniang Bayan
Municipality of Guiguinto, Bulacan
Kindly submit the foregoing Preliminary Conference Brief for the respondent
immediately upon receipt hereof for reading and consideration of the Honorable Office
of the Sangguniang Bayan of Guiguinto, Bulacan.
DOMICIANO A. PAGULAYAN
COPY-FURNISHED
KAGAWAD CRISPIN T. GALVEZ KAGAWAD EDILYN A. CRUZ
Complainant Complainant
85 Tiaong, Guiguinto, Bulacan 0636 Tiaong, Guiguinto, Bulacan
KAGAWAD CANDIDO M. MENDOZA KAG. JOSELITO S. AGUSTIN
Complainant Complainant
0990 Purok 4, Tiaong, Guiguinto, Bulacan Tiaong, Guiguinto, Bulacan
KAGAWAD DANILO E. LANGI KAGAWAD CRISPIN B. MENDOZA
Complainant Complainant
Tiaong, Guiguinto, Bulacan 765 Tiaong, Guiguinto, Bulacan
