Republic of the Philippines)

Province of Negros Oriental)s.s.

Municipality of Jimalalud..)

COUNTER AFFIDAVIT

That I, CHARLENE A. CAMERO, of legal age, Filipino, married and a resident of

Barangay Bolocboloc, Sibulan, Negros Oriental, Budget Officer of the Municipality of
Jimalalud, Negros Oriental with SALARY GRADE NO. , and after having been duly sworn to
in accordance with law, do hereby depose and manifest:

That I am one of the respondents in OMB-V-C-13-0014 and OMB-V-A-13-0014 cases

filed before the Office of the Ombudsman by the complainants herein, for (1) Violation of
Section 3 (e) of Republic Act No. 3019, as amended, which states:

“Section 3. Corrupt Practices of Public Officers. In addition to acts or omissions of public

officers already penalized by existing laws, the following shall constitute corrupt practices of any
public office and are hereby declared to be unlawful:
(e) Causing any undue injury to any party, including the Government, or giving private
party any unwarranted benefits, advantage or preference in the discharge of his official,
administrativde or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply tko officers ansd employees of offices or
government corporatiomns charged with the grant of linceses or permits or other concessions”

(2) for OPPRESION, DERELICTION OF DUTY and BUSE OF AUTHORITY, as defined under
Section 60, paragraph © and (e) of the Local Government Code of the Philippines, which states:
© Dishonesty, Oppression , Misconduct in Office, Gross Negligence or dereliction of
Duty; and,
(e) Abuse of Authority.

(3) Exacting illegal and forced contribution/donation to all employees, and businessmen,
including table sari-sari store, in the guise of fiesta funds without official receipts and accounting
which tantamount to OPPRESSION and violation of Section 3 of RA 3019 under Graft and
corrupt practices.

That the root cause of this complaint was anchored on the false allegations of the
complainants that herein respondent unreasonably and obstinately refused the full
implementation of Republic Act 7305, otherwise known as the Magna Carta ofOf Public Health
Workers;

That I DENY the charges filed against me by the herein complainants for the same are
malicious, fabricated and a Trump up accusations because the whole naked truth of the matter is
that being a Budget Officer of the Municipality of Jimalalud, my duty regarding this matter is
only ministerial just to prepare for the Budget of the Municipality every year as instructed by
the Local Chief Executive and I cannot exercise any right or discretion nor have a hand on the
approval of the budget because the same is lodge in another division of the Local Government
Unit which is the Sangunian Bayan and upon approval it is the Chief Local Executive of thew
Municipality that will implement it; hence, in what way did I caused injury to the complainants;

That herein stated is the background of the whole situation regarding the implementation
of Republic Act 7305 in relation to the Salary Schedule of Public Health Workers in the
Municipality of Jimnalalud, Negros Oriental, to wit:

1. In January 1, 2000, the LGU of Jimalalud, Negros Oriental had implemented the Salary
- (Page 1) -
Counter-Affidavit, Re: OMB-V-C-13-0014 & OMB-V-A-13-0014, Page (2).
 Schedule as mandated by Executive Order No. 217, dated March 20, 2000 and the
100% salary rate of Public Health Workers as indicated in Annex “A” of LBC No. 69,
dated March 21, 2000 (10% salary increase for PHWs; Local adoption of higher salary);
and that Subsistence and Laundry Allowance includ8ing TEV were given to Public
Health Workers in our Municipality;

2. That on July 1, 2001, the LGU of Jimalalud, Negros Oriental had implemented the
salary Schedule as mandated by RA9137, dated June 8, 2001, and the 100% salary rate
of Public Health Workers as indicated in Annex “A” of LBC No. 74, dated June 15,
2001;

3. That on July 1, 2007, the LGU of Jimalalud, Negros Oriental had implemented the
Salary Schedule as mandated by Executive Order No. 611, dated March 14, 2007 and the
q100% salary rate of Public Health Workers as indicated in Annex “A” of LBC No. 86,
dat6ed June 8, 2007 (PHW were granted with Annex AS1”; Local adopted the salary
schedule for 3rd class Municipality);

4. That on July 1, 2008, the LGU of Jimalalud, Negros Oriental had implemented the
Salary Schedule as mandated by Executive Order No. 719, dated May 1, 2008 and the
100% salary rate of Public Health Workers as indicated in Annex ____of LBC No. 88,
dated June 20, 2008;

5. That on August 14, 2009, the appropriation of Hazard Pay for Public Health Workers
was given per Sanggunian Bayan resolution No 9, Calendar Year 2009 for partial
implementation of the 10% out of the 25%;

6. That in the Calendar Year 2010 Annual Budget, the qualifications, conditions and rates in
the grant olf Magna Carta benefits are one of the four items to be addressed in separate
circulars/issuances par. _______of LBC No. 2009-92, dated September 3, 2009 and par.
6.1 of LBC No. 2009-92, which provides that the first Tranche Monthly Salary schedule
shall correspond to the level and income class. The provisions on LBC No. 2009-92
dated December 17, 2009 on the Rules and Regulations on the Salary Adjustments of
Public Health Workers to supplement LBC No. 2009-92 on par. 3.2, the Salary
Adjustments of PHWs are subject to the PS Limitation in L:GU Budgets, pursuant to
section 325 (a) of republic Act 7160;

7. That also in Calendar Year 2010 there were Eight (8) positions in the Rural Health Unit
that were allocated classes of positions from:

a) Midwife II-SG 8 to Midwife II-SG 11

b) Midwife III-SG 11 to Midwife II-SG 13
c) Nurse II-SG 14 to Nurse II-SG 15
d) Nurse III-SG 16 to Nurse III-SG 17

8. That LBC No. 2009-92A highlights the authority of the Sanggunian Bayan, as vested by
law, to decide on matters of compensation of LGU Personnel; and in item 3.3 of LBC
No. 2009-92A thereof, it provided four options available to the Sanggunian Bayan in
determining the salaries of Public Health Workers, depending also on the LGU’s
financial Capability, to wit:

a) 3.3.1. The Public Health Workers may be given the salary rates corresponding to
their National government counterpart which are equivalent to the rates in Annex
“A1” of LBC No. 2009-92, upon careful deliberation of the issues in item 3.1.

b) 3.3.2. If the LGU funds are not sufficient, PHWs may be given the salary rates
- more -
Counter Affidavit, Re OMB-V-C-13-0014 & OMB-V-A-13-0014, Page (3).

at a uniform percentage of the National Government rates in Annex “A1”.

c) 3.3.3. If the application of item 3.3.2 Above is not feasible due to insufficient
funds, then the salary rates in accordance with the salary schedule for an LGU
income class may be implemented, pursuant to item 6.1 of LBC NO. 2009-92.

d) 3.3.4. If the application of 3.3.3 above is not feasible due to insufficient funds,
then the salary rates in a modified salary schedule, at a uniform percentage of the
rates in the salary schedule for an LGU income class may be implemented,
pursuant to item 6.3 of LBC 2009-92.

9. That as to the implementation of the 2nd Tranche Salary Adjustment in Fiscal Year 2011,
there were only two (2) options stipulated under LBC N. 95 which provides:

Item 5.3. The salaries of Public Health Workers shall be determined by the
sanggunian Bayan after considering and balancing the impact of the relevant
provisions of the Senate and House of representatives Joint Resolution No. 4, S.
of 2009, RA No 7160 and RA7305, Magna Carta of Public Health Workers on
fiscal discipline, prioritization of expenditures, financial capacity, improvement
of service delivery, and equity in compensation among LGU personnel. The
Sanggunian bayan may adopt any of the following options:

5.3.1. To implement the salary rates in Annex “A1” for PHWs in the LGU,
and
5.3.2. If the LGU Funds are not sufficient, implement the salary rates at the
uniform percentage of the rates in Annex “A1”.

10. That the above-cited provisions of laws are clear on the authority of the Sangguian
Bayan, as the Legislative body that determine the compensation of Public Health
Workers as with all the other LGU personnel, hence, the judicious implementation of
said salary rates rest with the SDanggunian Bayan, notwithstanding said authority of the
sanggunian Bayan, the implementation on the level of salaries of LGU personnel are
subject to the personal services limitation in LGU Budgets, pursuant to Section 325 (a)
of RA No. 7160;

11.

a) Truthfully, I am not involved of any wrongdoings of Juliet Adalia and Rosario

Cordova because, in the first place, I do not know and acquainted with these people
who brought falsified Death Certificate of Emma Espraguera in my Office and the
statements of the complainants in their affidavit that I am in cahoots of the other two
respondents because I refused to give them copy of the alleged Death Certificate is a
malicious imputations without legal and factual basis and providing any evidence
thereof. That I have seen these two women once only when they were detained in the
Police Station in La Libertad, Negros Oriental and I invited to recognize them. Their
statements are all mere presumptions, hence not admissible in evidence.

This instant case should be automatically DISMISSED because the allegations of the
complainants in their complaint-affidavit for mere refusal to give a copy of the alleged Death
Certificate, which is at the first instance being untruthful for I have given them a photo copy, do
not constitute the crime charged; And further, the complaint should be dismissed pursuant to
Section 13, Rule 110 of the Revised Rules of Court, which provides:
 “Section 13. Duplicity of the Offense.—A complaint or information must charge only one
offense, except when the law prescribed a single punishment for various offenses.” And on the
basis of their complaint-affidavit, there were Five Cases filed in violation of one alleged criminal
act., Hence, a violation of the above-mentioned Rules of Court.

Furthermore, under Section of Rule 110 of the Revised rules of Court, the complaint shall
state the designation of the offense given by the statute; aver the acts or omission constituting the
offense and specify its qualifying and aggravating circumstances. The reason for the
requirement is the constitutional guarantee that the accused must be informed of the nature of the
accusation against him.

That I executed this affidavit freely and voluntarily just to attest the truthfulness and
veracity of my statements herein.

IN WITNESS WHEEOF, I have hereunto affixed my signature this ___day of November

2009, at Tayasan, Negros Oriental.

LUZVISMINDA A. TEOFILO
(Affiant)

OATH AND CERTIFICATION

SUBSCRIBED AND SWORN to before me, this ___day of November 2009, at Tayasan,
Negros Oriental. Further, I hereby certify that I have fully examined the affiant and I am
convinced that she has read and understood the contents of his affidavit and that the same was
executed freely and voluntarily.

TIRSO F. BANQUERIGO
Circuit Trial Judge