Republic of the Philippines] Marawi City ]

AFFIDAVIT-COMPLAINT I, ARMINA GUILING DIDA-AGUN, of legal age, married and a resident of 141 AM Raya Madaya I, Marawi City, after having been sworn to an oath in accordance with law, do hereby depose and say: 1. That I am the complainant of a criminal case with NPS Docket No. XIV-06INV-09H-00075 against BULINGAN SAMPORNA HADJI SIRAD, BAYLO SUMAYAN CABILI, TANTUA A. MUSUR and CASANA SERAD all of legal ages and with office address at MSU-LNCAT, Saduc, Marawi City for Malversation of Public Funds which was received before the Office of the City Prosecutors of Marawi City on August 19, 2009. Attached hereto and marked as Annex A is a copy of my Affidavit-Complaint; 2. That on September 15, 2009, I received personally a copy of their Joint Counter- Affidavit through counsel at the Office of the City Prosecutors of Marawi City and attached hereto as Annex B; 3. That on October 15, 2009, I tender my Reply-Affidavit before the Office of the City Prosecutors of Marawi City and attached hereto as Annex C; 4. That on November 13, 2009, the Office of the City Prosecutors of Marawi City issued a Resolution that BULINGAN SAMPORNA HADJI SIRAD, BAYLO SUMAYAN CABILI, TANTUA A. MUSUR and CASANA SERAD had Committed a Crime of Illegal Use of Public Funds or Property punishable by law under Article 220 of the Revised Penal Code and attached hereto as Annex D; 5. That on December 16, 2009, an Information was filed in court against the accused BULINGAN SAMPORNA HADJI SIRAD, BAYLO SUMAYAN CABILI, TANTUA A. MUSUR and CASANA SERAD for Violation of Article 220 of the Revised Penal Code (Malversation of Public Funds or Property) and attached hereto as Annex E; 6. That on December 16, 2009 also, the accused through counsel file a Motion to Defer Proceedings on this CRIMINAL CASE NO. 6169-09 and attached hereto as Annex F; 7. That on January 4, 2010, HONORABLE JUDGE RASAD G. BALINDONG of RTC 12th Judicial Region Branch 8 issued an order for the suspension of the proceedings of the subject case pending Resolution by the Department of Justice of their PETITION FOR REVIEW they intended to file in due time and attached hereto as Annex G;
8. That on November 4, 2010, HONORABLE JUDGE GAMOR B. DISALO of

RTC 12th Judicial Region Branch 8 ordered for the re-instatement of the subject case for reason that in spite of the accused prayer for deferment dated December 17, 2009 on the ground that they intend to file a PETITION FOR REVIEW at the Department of Justice in due time but until November 04, 2010, the accused failed to furnish the Court of the said Petition for Review and attached hereto as Annex H;

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9. That on November 11, 2010, the court issued WARRANT OF ARREST and attached hereto as Annex I; 10. That on November 12, 2010, a subsequent order of the court was issued to RECALL THE ISSUED WARRANT OF ARREST on November 11, 2010 due to the Memorandum with Urgent Motion to Recall Warrant of Arrest attaching therein alleged Appeal under NPS 2000 filed by the accused and attached hereto as Annex J; 11. That on September 8, 2011, the Department of Justice issue a RESOLUTION DISMISSING the Petition for Review filed by the Respondents-Appellants and attached hereto as Annex K;

12. That on December 7, 2011, the subject case was ARRAIGNED before the RTC 12th Judicial Region Branch 8 and subsequently the PRE-TRIAL was scheduled on January 23, 2012; 13. That until this date the respondents Public Officials have not yet been suspended because according to the investigating public prosecutor, ATTY. FLERIDA AISA BOLOTO - MACARAYA , she cannot file a motion to suspend the respondents because it is only the HONORABLE OFFICE OF THE OMBUDSMAN has the authority to suspend the accused, hence this complaint; 14. That since July 2009 up to the present, the respondents withheld my salary with out just cause; 15. That I am praying before this Honourable Office of the Ombudsman to conduct proper investigation of my case and appropriate remedies be made relative to the ADMINISTRATIVE ASPECT of my case. Most Importantly, I am requesting that the respondents be issued with preventive suspension pursuant to section 13, Article 212, Title VII, Book II of the Revised Penal Code. Second, I also prayed before this Honourable Office of the Ombudsman that the respondents be ordered to pay for my salary which they withheld unjustly starting July 2009 to the present.

16. That I am executing this affidavit to attest to the veracity of the foregoing facts in order that the ADMINISTRATIVE ASPECT of this CRIMINAL CASE NO. 6169-09 be filed against respondents. IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of January, 2012 in Marawi City, Philippines.

ARMINA GUILING DIDA-AGUN Cellphone # 0919-3004895 Complainant

SUBSCRIBED AND SWORN to before me this ________day of January 2012 with Residence Certificate No. ______________ issued on ______________________ Issued at ___________________, Philippines.

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING Republic of the Philippines) City of Marawi ) S.S. I, ARMINA GUILING DIDAAGUN, of legal age, Filipino and a resident of 141 AM Raya Madaya I, Marawi City, after having been duly sworn to an oath in accordance with law, do hereby depose and say: 1. That I am the complainant in the above-entitled case; 2. That I caused the preparation of the Complaint; have read its contents and all the allegations therein contained are true and correct of my own personal knowledge and based on authentic documents; 3. That I hereby certify that I have not commenced any administrative action or proceedings before the supreme court, Court of Appeals, or any Division thereof, or before any other tribunal or agency involving the same issues; that to the best of my knowledge, no such other administrative action or proceeding, is commenced or pending before any of the above-mentioned courts, tribunal or agency and that if I should thereafter learned that a similar administrative action has been filed or is pending before the aforementioned courts or tribunal, I undertake to inform this honourable office of such fact within five (5) days from notice thereof. IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of January 2012 in Marawi City, Philippines.

ARMINA GUILING DIDA-AGUN Cellphone # 0919-3004895 Complainant

SUBSCRIBED AND SWORN to before me this ________day of January 2012 with Residence Certificate No. ______________ issued on ______________________ Issued at ___________________, Philippines.

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