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-- versus --
Case No. ______________
For: Disbarment
MIRANDILLA TIAMZON, ERLYN IDALO UMPAD (FOR AND IN BEHALF OF HER MINOR
state that:
PARTIES
Santos City.
1
2) JULIET PALOR EVARDO, is of legal age, Filipino citizen, and
in Koronadal City.
the wife of REY MERISCO, who worked as a journalist for for Periodico
Santos City.
Koronadal City.
2
9) RAMONITA S. SALAYSAY, is of legal age, Filipino citizen, and
11) ERLYN IDALO UMPAD, is of legal age, Filipino citizen, and live-
UNTV in General Santos City. She is filing this Complaint for and in
Roque, Jr. at Unit 1904 Antel 2000 Corporate Centre, 121 Valero
Respondent:
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STATEMENT OF FACTS
to file his Certificate of Candidacy (COC) for the forthcoming May 2010
wife, two sisters, aunt and two women-lawyers in the belief that their
chop him into pieces once he filed his candidacy. So Vice Mayor
respected. They should not be harmed just like innocent children and
the elders.”2
1
Based on page 3 of Kenny B. Dalandag’s Sinumpaang Salaysay dated 07 December
2009 (Attached as ANNEX A).
2
Based on http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20091126-
238432/Massacre-planned-says-Buluan-vice-mayor.
4
18) The Mangudadatu women who were in the convoy were:
20) Twelve (12) of the thirty (30) journalists who joined the
(a) 4 Toyota Grandia vans (one grey, one green, and two
white); and
lagged behind and decided to turn around once the passengers sensed
were two (2) other vehicles that were not part of the Mangudadatu
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The Vios had five (5) passengers: Eduardo Lechonsito, a
after suffering a mild stroke Monday morning. He was with his wife
Cecille, co-workers Mercy Palabrica and Daryll delos Reyes, and driver
and that all the persons on board the vehicles were brought to a
nearby killing field. Fifty-seven (57) women and men were brutally
Ampatuan, Maguindanao.
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(f) BIENVENIDO LEGARTA (for Periodico Ini in Koronadal City);
journalists as follows:
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(k) COMPLAINANT ERLYN IDALO UMPAD is the mother of the minor child
of McDELBERT ARRIOLA (for UNTV in General Santos City);
and
against Datu Andal “Unsay” Ampatuan, Jr., which was endorsed for
prosecutors.
2009, the NBI filed before the DOJ additional sworn statements, which
December 2009.
8
30) On 28 December 2009, Complainants filed their respective
that:
3
Pages 61-62 of the DOJ panel of investigating prosecutors’ 05 February 2010 Joint
Resolution.
9
There was unanimity among respondents Datu Zaldy
“Puti” U. Ampatuan, Datu Saudi B. Ampatuan, Datu Akmad
“Tato” Ampatuan and Datu Sajid Islam U. Ampatuan in
refuting the allegations against them. They asseverated
defenses of denial and alibi in order to escape culpability.
However, such defenses will not sway the outcome in their
favor. For one, positive identification when categorical and
consistent and without any ill-motive on the part of the
eyewitnesses testifying on the matter prevails over alibi
and denial (People vs. Barlaan, 531 SCRA 849). Alibi is the
weakest defense not only because of its inherent weakness
and unreliability, but also because it is easy to fabricate
(People vs. Pandapatam, 521 SCRA 304). Further, alibi and
denial, if not substantiated by clear and convincing
evidence, are negative self-serving evidence undeserving
of weight in law (People vs. Tumulak, 539 SCRA 296).4
before Branch 221 of the Regional Trial Court (RTC) of Quezon City, so
information such that, inter alia, Datu Zaldy and Datu Akmad were
resolving the petitions for review filed by respondents Datu Zaldy, and
Datu Akmad.
4
Page 62 of the DOJ panel of investigating prosecutors’ 05 February 2010 Joint
Resolution.
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36) Respondent Atty. Agra’s 16 April 2010 Resolution excludes
from indictment Datu Zaldy and Datu Akmad for the 23 November
5
Page 13 of Atty. Agra’s 16 April 2010 Resolution (ANNEX C).
6
Page 12 of Atty. Agra’s 16 April 2010 Resolution (ANNEX C).
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38) Respondent Atty. Agra rendered his Resolution even with
copy of the petitions for review filed by Datu Zaldy and Datu Akmad.
For the blatant failure of Datu Zaldy and Datu Akmad to serve copies
process which demand that they be heard first before they are
deprived of their rights. It is basic and elementary for any lawyer ---
hear the side of the other party before said lawyer can rightfully
7
Page 1 of the 20 April 2010 Manila Times (ANNEX D).
12
41) According to the 20 April 2010 edition of the Manila Times,
Respondent Atty. Agra admitted that he did not follow the regular
42) Coupled with (a) his disregard of the rule that the petition
for review should have been dismissed for failure to serve copies of
the same to the adverse parties, (b) his violation of the Complainants’
Atty. Agra’s finding of the lack of probable cause against Datu Zaldy
Dalandag --- among other evidence found and relied upon by the
cause against Datu Zaldy and Datu Akmad. Respondent Atty. Agra
8
Page 1 of the 20 April 2010 Manila Times (ANNEX D).
9
Page 1 of the 20 April 2010 Manila Times (ANNEX D).
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violated law and jurisprudence on probable cause when he
be disbarred for violating his oath and duties as a lawyer and the
Rule 1.02, --- in the highly irregular manner in which he issued his 16
Resolution.
PRAYER
Other relief just and equitable under the premises are likewise
prayed for.
14
Makati City for Pasig City. April 22, 2010.
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