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MEMORANDUM
ON
APPEAL
I
Prefatory Statement
1
See Aberca vs. Ver, 34 160 SCRA 590, 601, April 15, 1988.
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 2 of 25
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II
STATEMENT OF THE CASE
2
See Decision No. 10-001-A, dated 26 February 2010, original
copy of which is hereto attached and marked as ANNEXES "A" to "A-
3".
3
See Motion for Reconsideration, dated 31 March 2010, original
copy of which is hereto attached and marked as ANNEXES "B" to "B-
2".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 3 of 25
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III
FACTUAL ANTECEDENTS
IV
THE
ADMINISTRATIVE PROCEEDINGS
7
See Memorandum No. 07-0053, dated 3 September 2007,
original copy of which is hereto attached and marked as ANNEX "E".
8
See Memorandum No. 07-0074, dated 13 November 2007,
original copy of which is hereto attached and marked as ANNEX "F".
9
See Memorandum No. 08-054, dated 6 November 2008,
original copy of which is hereto attached and marked as ANNEX "G".
10
See Letter-Complaint, dated 13 October 2009, certified true
copy of which is hereto attached and marked as ANNEXES "H" to "H-
1".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 6 of 25
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11
See Letter-Directive, dated 23 October 2009, certified true
copy of which is hereto attached and marked as ANNEX "I".
12
See Answer/Explanation Letter, dated 27 October 2009,
certified true copy of which is hereto attached and marked as
ANNEX "J".
13
See Investigation Report, dated 11 November 2009, certified
true copy of which is hereto attached and marked as ANNEXES "K"
to "K-2".
14
See Formal Charge, dated 16 November 2009, original copy of
which is hereto attached and marked as ANNEXES "L" to "L-1".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 7 of 25
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15
See Memorandum No. 11-040, dated 20 November 2009,
original copy of which is hereto attached and marked as ANNEX "M".
16
See Answer, dated 1 December 2009, original copy of which
is hereto attached and marked as ANNEXES "N" to "N-3".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 8 of 25
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V
ASSIGNMENT OF ERRORS
VI
17
See Position Paper, dated 18 January 2010, original copy of
which is hereto attached and marked as ANNEXES "O" to "O-4".
18
See Supra, ANNEX "A".
19
See Decision, dated 5 March 2010, original copy of which is
hereto attached and marked as ANNEXES "P" to "P-2".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 9 of 25
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ARGUMENTS/DISCUSSIONS
OF THE ISSUES
x x x
20
See Supra, ANNEX "H".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 11 of 25
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23
See Supra, ANNEX "A".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 14 of 25
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24
See Supra, ANNEXES "P" to "P-2".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 15 of 25
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CUSTOMER
Accomplishes Service Application Form
and Construction Order by filling-up
his name, date, address and
affixing his signature and that of his spouse
APPELLANT JOSOL
Reflects the Amount of Charges Due on the
application and forwards the document to
Engineering Department for Inspection
ENGINEERING
Conducts Inspection
Fills-up Service Location and Distribution Size and
Data in the Inspector's/Investigators Report/Findings
GENERAL MANAGER
Approval of Application
Affixes his signature on the
Approved for Construction/Installation
APPELLANT JOSOL
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 16 of 25
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COMMERCIAL DEPARTMENT
Assigns Account Number to the Approved Application
by filling-up the Service Connection Number
CUSTOMER
Gets back his Approved Application
and make payment to the teller
TELLER/COLLECTOR
Receives Payment from Applicant,
Issues corresponding Official Receipt, indicate the
O.R. Number, the Date of Payment and
Affixes signature above the name Collector
APPELLANT JOSOL
Records approved application in the
Book of New Service Connection by entering
Name of Concessionaires, Address,
Official Receipt No. based on the Approved Application,
Date of Payment
ENGINEERING
Installation of Water Connection
Plumber affixes signature under Installed By
APPELLANT JOSOL
Retains Copy of the Fully-Accomplished
Service Application and Construction Order
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 17 of 25
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25
See Supra, ANNEX "E".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 18 of 25
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26
See Supra, ANNEXES "E", "F" and "G".
27
See Book of New Service Connection, certified true copies of
which are hereto attached and marked as ANNEXES "N" to "N-2".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 19 of 25
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30
See Joint Order with Attachments, original copies of which are
hereto attached and marked as ANNEXES "P" to "P-5".
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 22 of 25
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VII
PRAYER
HENRY C. FILOTEO
Roll No. 44949
PTR No. 1126598, 1/07/09, Surigao City
IBP Lifetime No. 06979
MCLE Compliance No. III-0001453, 12-17-08
RESERVA-FILOTEO LAW OFFICE
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 23 of 25
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VIII
VERIFICATION
AND
CERTIFICATION AGAINST FORUM-SHOPPING
JUDITH A. JOSOL
Affiant
IX
COPY FURNISHED
X
EXPLANATION
JOSOL vs. TANDAG WATER DISTRICT
Memorandum on Appeal
Page 25 of 25
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HENRY C.
FILOTEO