Republic of the Philippines

Department of Education
Region VII, Central Visayas
DIVISION OF NEGROS ORIENTAL
Dumaguete City
MR CARMELITO MERECIDO,
Complainant,
- versus -

CASE NO. ________

FOR: ALLEGED FALSIFICATION

BERNADETH U. OQUENDO, and

SUSAN B. ESTURAS,
Respondents.
x - - - - - - - - - - - - - - - - - - - -/
A N S W E R
The UNDERSIGNED, by themselves and to this Honorable Office, most respectfully
allege and manifest :
That, it appearing that we are charged of the same nature of an offense, happening at the
same time , and that our defenses are the same also, the undersigned have jointly tendered their
answer to this complaint.
That they receive an ORDER of this Honorable Office last November 9, 2015, so we
immediately referred it to our lawyer, and said lawyer informed us that there is no Administrative
Complaint that was attached in the Order but a criminal complaint for Falsification of Public
Document/Forgery, hence we went back to your office and verify and on November 11, 2015, we
were furnished a copy of the said Administrative Complaint.
At the outset, the said Administrative Complaint filed against us by Carmnelito
Merecido should have been dismissed outright because it basic to observe the formalities in
filing a formal complaint as mandated under the Rule of Law, more particularly Section 8, Rule
II, Resolution No. 991936 of the Civil service Commission in relation to Omnibus Rules
Implementing Book V of Executive Order No. 292 and other Pertinent Civil Service Laws
which reads as follows, and to qoute:
Section 8. Complaint-A complaint against a civil service official or employee shall
not be given due course unless it is in writing asnd subscfribed and sworn to by the complainant.
However, in cases initiated by the proper disciplining authority, the complaint need not be under
oath.
x x x x x x x x x.
The complaint should be written in a clear, simple, and concise language and in a
systematic manner as to apprise the civil servant concerned of the nature and cause of the
accusation against him and to enable him to intelligently prepare his defense or answer.
The complaint should contain the following:
a) Full name and address of the complainant;
b) Full name and address of the person complained of as well as his position and office
of employment;
c) A narration of the relevant and material facts which shows the actgs ofr ommissions
of allegedly committed by the civil servant;
d) D. certified true copies of documentary evidence and affidavits of his witnesses, if
any; and,
e) Certificatgion or statement of non-forum shopping.
(Page 1)

ANSWER to Adm. Complaint of Carmelito Merecido, Page (2).

In the absence any one of the aforementioned requirements, the COMPLAINT shall be
dismissed. Underlined supplied.
That sad to state, that the aforementioned Basic requirements of the law was not properly
observed,. It is patently clear that the subject complaint was not under oath and worst, this
administrative complaint failed to show a Certification for Non-Forum Shopping,, pursuant to
the Supreme Court Administrative Circular No. 04-94, dated February 8, 1994, partic ularly
Section 1 thereof which states: The plaintiff, petitioner, applicant or principal party seeking
relief in the complaint, petition, application or other initiatory pleading shall certify under ooath
in such original pleading, or in a sworn certification annexed thereto simultaneously filed
therewith, to the truth of the following facts and undertakings:
a) That he has not the same in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
b) that to the best of his knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
c) if there is any action or proceeding which is either pendin g or may haveterminated,
he must state the status thereof; and,
d) if he should thereafter learn that a similar action or proceedings has been filed or is
pending before the Supreme Court, the Court of Appeals or any other tribunal or
agency, he undertakes to report that facts within five(t5) days there from to the court
or agency wherein the original pleading and sworn certification contemplated
herein have been filed
That complaint and the initiatory pleadings referred to and the subject of this Circular are
the original civil complaint, counterclaim, cross claim, third, party complaint, or compliant in
intervention, petition, or application wherein a party asserts his claim for relief.
Section 2. Any violation of this circular shall be a cause for the dismissal of the complaint,
petition, application or other initiatory pleading, upon motion and after hearing,. xx x x x x .
Be that as it may, regarding the complaint proper, we deny having falsified nor forged
that signature of Carmelito Mericedo in our Daily Time Record. In our initial conferences with
our District Supervisor, Rolando A. Pacarro, Department of Education, Sibulan District, together
with the parties herein, Honey Lou Esturas admitted that she was the one who signed in behalf of
Carmelito Merecido of the DTR of Bernadeth Oquendo and Susan Esturas due to time constraint
and with the intention to submit the said DTR on time. Photo copies of the minutes of the said
conferences are hereto attached and marked as ANNEXES A and B.
That the ultimate reason why Carmelito Merecido insisted on filing this malicious
complaint because we did not signed his clearance for his retirement because he has anpaid
obligations in the amount of Twenty Five Thousand and Forty Nine Pesos (Php25,049.00) with
the Federated Parent Teacher Association of Balugo Elemdentary School. And also due to the
request of the Officers of the Federated Parents Teachers Association of Balugo Elementary
School in their Resolution dated September 15, 2015. Photo copy of which is hereto attached
and marked as ANNEXES C and its sub-markings.
AND VIEW FROM ALL OF THE FOREGOING, we prayed from this Honorable office
that the instant complaint should be DISMISS for no merit at all.
FURTHER, considering that this case was filed maliciously knowing pretty well that at
the beginning we have not done this alleged falsification or fo4rgery as somebody had already
admitted to have done it, we incurred sleepless nights, anxiety thinking about this case and we
also incurred expenses and attorneys fees regarding this complaint, so we prayed in this
Honorable office that the compolaint be ordered to pay us as the following damages, to wit:
1.

ACTUAL EXPENSES in the amount of FIVE THOUSAND PESOS EACH;

(Page 2)

ANSWER to the Adm. . Complaint of Carmelito Merecido, (Page 3).

2. ATTORNEYs fees of Twenty Thousand Pesos (Php20,000.00) each;
3. And for filing a malicious case an Exemplary Damages in the amount of Twenty
Thousand.
And praying for other reasonable damages under the premises.
RESPECTFULLY SUBMITTED this 13th day of November 2015 at Sibulan, Negros Oriental
(for Dumagvuete City, Negros Oriental).

BERNADETH U. OQUENDO
(Respondent)
CTC No. 11432252
Issued on March 18, 2015
At Sibulan, Negros Oriental

SUSAN B. ESTURAS
(Respondent)
CTC No. 21434290
Issued on April 27, 2015
At Sibulan, Negros Oriental

SUBSCRIBED AND SWORN to before me this 13th day of November 2015 affiants
exhibiting their respective identification papers printed below their names.

TIRSO F. BANQUERIGO
(Judge)