1.

At this point in time, Respondent former Mayor Rovillos through

respondents SBM Mortel and SBM Deny Guro maneuvered for the
approval of the Sangguniang Bayan of his plan and desire to purchase
the land of his colleague, Respondent Culla for the Municipality of
San Andres, Romblon as shown by the representations of
respondents SBM Guro and Mortel during the session, a copy of the
request for Special Session of former Mayor Rovillos and the call of
the Vice-Mayor for a Special Session is hereto attached as Annexes
“C” and “D”. The purchase was not really for the purpose of
development or expansion of the Municipality because of the reality
that there is no need for it and that the financial capacity of the
Municipality cannot sustain said expansion at this point in time. The
purpose then is personal which is to gain benefits from the sale
favoring the respondents herein cahoots with respondent Culla.
Further, said plan was never included in the Annual Investment Plan
and the Annual Development Plan of the Municipality, copy of said
plans are hereto attached as Annexes “E” and “F” and the budget of
the year 2017 pegged only at Ph 68,710,391.00 for which only 20% of
it is allotted to development, a copy of the Budget is hereto attached
as Annex “G” and a Certification stating the 20% development is
hereto attached as Annex “H” and the distribution of the said 20% in
the total amount of Ph 13,142,078.20 is hereto attached as Annex
“I”. Prominent is the fact that the development fund in the amount
of Ph 13,142,078.20 is solely allotted to construction/rehabilitation of
Multipurpose Halls and Barangay Local Development
Economic/Infrastructure Project. Nothing is mentioned that said
funds is for the purchase of any lot.

2. It is noteworthy to consider before any purchase of lot is done, about

the nature, location, use, and value of the land to be purchased by the
Respondents must be considered. The lot is an agricultural land
 suited for agriculture specifically for rice plantation, an un-irrigated
rice land consisting of 13,000 square meters, more or less, contrary to
the statement and listed in the Tax Declaration and the statements of
respondents that the area is 16,000 square meters. It is located Bgy.
Mabini, San Andres, Romblon which is three (3) kilometers, more or
less from the Poblacion. Its descriptions are:

TAX DECLARATION NO. 00385

MARIO E. CULLA

“A parcel of Riceland known as Lot # 1495 located at Bgy. Mabini,

San Andres, Romblon, containing an area of Sixteen Thousand Fifty
(16,050) square meters, more or less, and bounded on the Northwest
by Lot No. 1464, 1466; Southeast by National Road; Northwest by
Lot No. 1494, 1466; and on the Southeast by Lot 1494, said parcel of
land is covered and embraced by Tax Declaration No. 00315,
declared in the name of Mario E. Culla with assessed value of P
18,310.00, series of 2017.”

Its assessed value is Ph 18,310.00 and its market value is Ph 45,771.39

evidenced by its Tax Declaration of Real Property No. 00385, a copy
is hereto attached as Annex “J”. A copy of the Property
Identification map of the property is hereto attached as Annex “K”
and the pictures of the lot itself is hereto attached as Annex “L” and
“L-1”

3. To elucidate the zonal and fair market value of the lot subject of the
purchase, we state that the Unit Base Zonal Values of agricultural
lands/improvements in the Province of Romblon, specifically Bgy.
Mabini is only Eighty Pesos (Ph 80.00) per square meter, a copy of
the Zonal Valuation of the Department of Finance thru RD 35 of
 Romblon of the Bureau of Internal Revenue is hereto attached as
Annex “M” consisting of five (5) pages. Purchase of lots nearby
carried the fair market value Ninety Pesos (Ph 90.00) per square
meters only as evidenced by a Deed of Sale executed by Teddy Gamo
in favor of Jene G. Obrique, both resident of Bgy. Mabini, San
Andres, Romblon, copy is hereto attached as Annex “N”. It follows
that the fair market value of the lots in Bgy. Mabini, San Andres,
Romblon, copy is hereto attached as Annex “N”. It follows that the
fair market value of the lots in Bgy. Mabini, San Andres, Romblon
based on Zonal Valuation of the Bureau of Internal Revenue and the
purchase price prevailing in the area is only Ninety Pesos (Ph 90.00)
per square meters, more or less.

4. On insinuation of respondent Culla and respondents SB Members

hereof, and the request of respondent former Mayor Rovillos to
proceed with the purchase of the lot in subject without the
observance of the proper procedures, the Sanguniang Bayan of San
Andres, Romblon passed a Resolution No. 2016-A22 dated October
24, 2016, despite objections from minority SB Members Romeo
Fabella, Cely Gabaldon, Doroteo Aquino and Dinah Fradejas,
authorizing respondent former mayor Rovillos to purchase
lots/properties to be used for various development projects of the
Municipality of San Andres, Romblon, specifically directed to the
purchase of respondent Culla’s lot, a copy of the Resolution is hereto
attached as Annex “O”. Respondents former Vice-Mayor Gadon and
SB Members hereof proceeded with the passage of the Resolution
giving respondent Mayor Rovillos the general and blanket authority
to purchase lots without taking into consideration the basic
procedural requirements on giving the said blanket authorization.
The resolution failed to state specifics but in general terms so as to
give respondent former Mayor Rovillos the blanket authority to
 purchase lots of his choice and caprice. The Sangguniang Bayan has
gravely abused its authority in granting the authority to respondent
Rovillos to purchase ultimately the lot if Respondent Culla without
the application of attendant rules and regulation required thereof.

5. Expectedly, on February 9, 2017, respondent former Mayor Rovillos

purchased the lot of respondent Culla with a consideration of Six
Million Nine Hundred Ninety-Five Thousand Pesos (Ph
6,995,000.00), a copy of the Deed of Absolute Sale is hereto attached
as Annex “P”. On February 24, 2017, a Disbursement Voucher No.
100-17-02-70 was executed duly signed by respondent Cherry D.
Padilla as OIC Municipal Accountant, Respondent Mary Sol G.
Madalang as OIC Municipal Treasurer, passes through the Budget
Officer then under Respondent Mary Claire Mortel for the availability
of the legal fund and duly signed by respondent Rovillos for
approval, a copy is hereto attached as Annex “Q”. And then, the
corresponding check was issued to respondent Culla in the amount
of Five Million Pesos (Ph 5,000,000.00), representing payment of the
lot, a copy is hereto attached as Annex “R”. Respondent Culla signed
the Disbursement Voucher upon tender of payment. His signature is
present in the Disbursement Voucher over his typewritten name
Mario E. Culla marked as Annex “R-1”.

6. While the correct area of the lot in subject is 13,000 square meters,
we adopt the area stated in the Deed of Absolute Sake which is
16,050 square meters, more or less in computing the value of the lot
per square meter, the area listed in the Tax Declaration. Of the area
of 16,050 per square meter, it would appear that the price per square
meter is FOUR HUNDRED THIRTY SEVEN & 18/100 PESOS
(Ph 437.18). As you may recall, in the Minutes of the regular session
of San Andres Sangguniang Bayan dated October 10, 2016 (Annex
 “A” hereof), respondent Culla said that he is willing to sell his
property for Four Hundred Pesos (Ph 400.00) per square meter only.
It would appear now that the price per square meter was even
increased by Ph 37.18 per square meter because the final
consideration paid carried the price of per square meter of Ph 437.18
per square meter. It is even more disgusting that the respondents did
not bother to bargain for the reduction of the price using the
prevailing price and market value of the lot which is Ninety Pesos
(Ph 90.00) per square meter, but rather unreasonably increased it
further by Thirty Seven & 18/100 Pesos (Ph 37.18) per square meter,
an absurd and unusual scenario to the prejudice of the government of
San Andres, Romblon and people.

7. Per Tax Declaration (Annex “J” hereof), the fair market value of the
property is Ph 45,771.39, while the assessed value is only Ph
18,310.00. The Zonal Value is Ph 80.00 per square meter, while the
prevailing sale per Deed of Sale is Ph 90.00 per square meter, more
or less. If we consider the fair market value of the property as the
consideration, the price could have been Ph 45,771.39 or an
overpriced of Six Million Nine Hundred Fifty Four Thousand Two
Hundred Twenty Eight & 61/100 Pesos Only (Ph 6,954,228.61). If
we follow the zonal value and the prevailing price per square meter in
the area, the price could be Ph 1,440,000.00 or an overprice of Five
Million Five Hundred Sixty Thousand Pesos (Ph 5,560,000.00). For
purposes of this Complaint, we adopt the zonal value and prevailing
price per square meter of lot in subject which is Ninety Pesos (Ph
90.00) per square meter, more or less. The result could be the amount
of Ph 1,440,000.00, and which should have been the price of the lot
in subject. But the respondents in utter disregard of the prevailing
market value, zonal value and the nature and condition of the lot
which is idle and unirrigated agricultural land, gravely dumped the
 Municipality of San Andres, Romblon into loosing the sum of Five
Million Five Hundred Sixty Thousand Pesos (Ph 5,560,000.00) to
respondent Culla for purchasing the latter’s idle rice land of the
amount of Seven Million Pesos (Ph 7,000,000.00) instead of its fair
market value of One Million Four Hundred Forty Thousand Pesos
(Ph 1,440,000.00). A gross and irreparable damage suffered by the
Municipality of San Andres, Romblon, perpetrated by herein
respondents.

8. No person of sound mind would buy or purchase an idle and

unirrigated lot in subject for the huge amount of Seven Million Pesos
(Ph 7,000,000.00). The prevailing price per square meters, generally in
the Municipality of San Andres, Romblon as herein stated is Ninety
Pesos (Ph 90.00) per square meter of this kind of lot because it is an
unirrigated Riceland planted only during the rainy season.
Respondents are aware of the prevailing market value of lots per
square meter in the Municipality but despite such knowledge,
respondents former Mayor Rovillos, former Vice-Mayor Gadon, now
Mayor, SBMs Ibañez, Vicente, Mortel, Galanga, Deny ZGuro in
cahoots with respondents Padilla as Accountant, respondent
Madalang as Treasurer and respondent Mortel as Budget Officer, and
respondent Culla, the Seller, proceeded with the purchase of the lot
in the amount of Seven Million Pesos (Ph 7,000,000.00), which could
only value at One Million Four Hundred Forty Thousand Pesos (Ph
1,440,000.00) based on its true fair market value and the prevailing
price in the area. Clearly, the purchase price of Ph 437.18 per square
meter is grossly overpriced by Three Hundred Forty Seven Pesos (Ph
347.00) per square meter, more or less, or Five Million Five Hundred
Sixty Thousand Pesos (Ph 5,560,000.00). What a huge loss to the
Municipality of San Andres, Romblon and people perpetrated by
corrupt public officials as the respondents herein in connivance with
 the owner of the lot, Mario E. Culla. Probably, the malicious
purchase was hastily done for respondents to immediately receive
their respective shares in the loot.

9. Worse, respondents miserably failed to consider that the land subject

of the sale is not titled. It is requirement of the Commission on Audit
that Local Government Unit can only purchase lots duly titled and
registered with the Registry of Deeds of the Province of Romblon
without any encumbrance. This is to avoid adverse claims later if
claimants or heirs not recognized when the land was disposed will
pursue their adverse claims. The only document shown to
respondents as proof of ownership is the Tax Declaration of the
Property (Annex “J” hereof) which is not proof of ownership but for
tax purposes only.

10. Respondents want to impress as alibi that the purchase of the lot is
for future development projects. This is improbable and unlikely to
happen even for a period of ten (10) to twenty (20) years. It is to be
noted that the Municipality of San Andres, Romblon is a Fifth Class
Municipality with an Internal Revenue Allotment of Ph
65,710,391.00 for the year 2017 and only 20% of the said allotment,
or (Ph 13,142,078.20) is earmarked for development. Based on the
2017 budget of the Municipality, the 20% development fund has
been allocated to Construction/Rehabilitation of Multipurpose Halls
(Annex “I” hereof). Therefore, nothing is earmarked to purchase a
lot. Even the Annual Investment Plan and the Annual Development
do not include the purchase of lot. With the meager increase of 10%
of the Internal Revenue Allotment per year, the development being
dreamed by respondents will not happen even for a period of twenty
(20) years from now. Thus, the money used to purchase that lot for
Seven Million Pesos (Ph 7,000,000.00) will remain IDLE,
 STAGNANT, and DEAD buried in the lot purchased to the serious
prejudice and damage of the people of San Andres, Romblon having
been deprived of the utilization of the purchase price for their
upliftment and welfare.

11. After the purchase of subject lot, respondents passed a Resolution

No. 2017-04 duly signed by respondent former Vice-Mayor Gadon,
now Mayor, and respondent former Mayor Rovillos, adopting
Ordinance No. 2017-01, and Ordinance Authorizing the
conversion/declassification of Lot No. 1495 located at Mabini, San
Andres, Romblon, from agricultural land to Government Land to
cater allegedly to the development goals of the local government unit
of San Andes, Romblon, a copy of the Resolution/Ordinance is
hereto attached as Annex “S”. The Resolution/Ordinance is
ILLEGAL and without any legal effect as it runs counter to the
dictates of Section 20 of RA 7160 and Rule VII, Article 38 which is
quoted hereunder:

“Section 20 – Reclassification of Lands –

a) A City of Municipality, may through an ordinance
passed by the Sanggunian after conducting public
hearings for the purpose, authorize the reclassification
of agricultural lands and provide for the manner of
their utilization or disposition in the following cases:
(1) when the land ceases to be economically by the
Department of Agriculture; or (2) when the land shall
have substantially greater economic value for
residential, commercial or industrial purposes as
determined by the Sangguniang Bayan concerned. . . .”
 The respondents gravely ignored and violated the legal
requirements posited by the above described provision, to wit:
a) There was no public hearing conducted prior to the
conversion;

b) The manner of the utilization or disposition of the lot was

not presented by the Sangguniang Bayan;

c) There was no determination or certification for the

Department of Agricultural that the land ceases to be
economically feasible and sound for agricultural purposes;

d) There was no determination of the Sangguniang Bayan that

the lot shall have substantially greater economic value for
residential, commercial or industrial purposes.

All these requirements were ignored and violated by the

Respondents Sangguniang Bayan Members because of the
dictates of respondent former Mayor Rovillos who controls the
Sangguniang Bayan. They have prevailed upon the minority
members in passing the subject
RESOLUTION/ORDINANCE, although they are aware of
the flaw because they even cited the applicable law in their
Resolution/Ordinance. The conversion appeared to be unusual
because the agricultural lot was reclassified as Government lot
contrary to the regular reclassification which involved
reclassification from agricultural to residential, commercial and
industrial. Worse, the Municipality of San Andres, Romblon has
no Comprehensive Land Use and Development Plan. Their
reclassification is merely based on their caprice and advantage.
12. Respondent former Mayor Rovillos as the Local Chief Executive
then, Respondent Gadon as the former Vice-Mayor, now Mayor,
and Respondents Members of the Sangguniang Bayan of San
Andres, Romblon, named herein are all guilty of Violation of
Republic Act 9003, otherwise known the Ecological Waste
Management Act if 2000 in almost all of the provision of the said
Act. It is a public knowledge in the Municipality of San Andres,
Romblon that this Local Government Unit has no active Municipal
Solid Waste Management Board. It has not set and implemented
guidelines and targets for solid waste avoidance and volume
reduction through source reduction of waste immunization measure,
including composing, recycling, re-use, recovery, green charcoal
process, and others, before collection, treatment and disposal in
appropriate environmental sound solid waste management facilities
in accordance with ecological sustainable development principles
(Art. 1, Section 2, par. c).

13. The Municipality miserably ignore and directed the proper

segregation, collection, transport, storage, treatment and disposal of
solid waste failure to formulate and adopt the best environmental
policies in ecological waste management excluding incineration. It
has no dumpsite nor sanitary landfill. (Section (e), same Art. 1); (Art.
2 and sub-sections on Segregation of Waste; Art. 3 and sub-section
on Collection and Transport of Solid Waste; Art. 4 and sub-sections
on Recycling of Solid Waste; Art. 5 and sub-section on Composing;
and Art. 6 and sub-section on Waste Management Facilities.

14. Since the incumbency of Respondent former Mayor Rovillos, in

2013, the municipality has practically avoided and violated the
provision of RA 9003. The Municipality has only one (1) Elf Truck
in collecting garbage of thirteen (13) barangays. It has no dumpsite
 nor sanitary landfill to deliver the collected garbage. It is not
implementing the proper segregation at source to minimize
collectible garbage. Having no dumpsite to deliver the garbage, the
municipality and then dumped there. If the pit dig is full, the
municipality will dig again in another area and dispose the garbage
there and so on and so forth up to the present time.

15. While the municipality may have some solid waste management
program implemented by the former local Chief Executive, said
programs were not implemented by the present administration of
the Respondents.

16. The non-implementation of RA 9003 by the Respondents pose

grave danger to the environment and hazards to the health and well
being of the people of San Andres, Romblon. For this reason,
Respondents must be penalized under Chapter VI of RA 9003
Section 48 and related sections.

17. By committing the foregoing offenses, respondents are guilty of RA

3019, pars. (b), (e), and (g); RA 7160, Section 20, the provision of the
Administrative Code of the Philippines, RA 9003, Art. 1, Section 2,
par. (c) and related articles and paragraphs, Grave Abuse of
Authority, Discretion and Grave Misconduct in the performance of
their duty using the influence, power and color of their office in
perpetrating the offenses.

18. Republic Act 3019, Section 3, pars. (b), (e), and (g) is hereunder
quoted:

“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 officers and
are hereby declared to be unlawful:

(b) Directly or indirectly requesting or receiving any gift, present,

share, percentage, or benefit, for himself or for any other person, in
connection with any contract or transaction between the
Government and any other party, wherein the public officer in his
official capacity has to intervene under the law;

(e) Causing any injury to any party, including the government, or

giving any private party any unwarranted benefits advantage or
preference in the discharge of his official administrative or judicial
functions through manifest partially, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporation charged with the
grant of licenses or permits or other concessions;

(g) Entering, on behalf of the Government, into any contract or

transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby;

19. The purchase of the lot in subject by the Municipality of San Andres,
Romblon through Respondents former Mayor Rovillos and former
Vice-Mayor Gadon, now Mayor, SB Members and LGU Officers
from Respondent Culla, the price of which was substantially
overpriced is in violation of above-cited par. (b) of Section 3, RA
3019. Without the intervention of Respondents former Mayor
Rovillos and company, the transaction will never push thru even if
respondent Culla would insist in selling his lot. Because of the
connivance of the respondents and the ulterior motive behind the
transaction, the sale pushed through although illegal and contrary to
 law as it would redown to the damage and prejudice of the
Municipality of San Andres, Romblon and people and huge benefit
advantage and gain by the Respondents. As mentioned herein, the
plan of the purchase was started by respondent Mortel, respondent
Guro, and co-partymates councilor Ibañez, Galanga, Vicente, on
instruction of respondent former mayor Rovillos in a Session of the
Sangguniang Bayan of San Andres, Romblon (Annex “B” and “C”
hereof). The succeeding thrust of the respondents was through a
Committee Hearing by the Committee of respondent Ibañez and
then passage of a Resolution of the Sangguniang Bayan authorizing
respondent former Mayor Rovillos to purchase the lot. The giving of
benefit for the respondents themselves and to respondent Culla is
very manifest that the sale pushed through carrying a heavily
overpriced consideration without the respondents’ efforts to reduce
the price but instead increased the price offered by respondent Culla
of Ph 400.00 per square meter to Ph 437.18 per square meter. There
is no question about the benefit received by respondent Culla out of
tolerance and conspiracy by the respondents.

20. The large overprice of the lot in subject in the amount of Five
Million Five Hundred Sixty Thousand Pesos (Ph 5,560,000.00) based
on the fair market value of the lot of Ninety Pesos (Ph 90.00) per
square meter is without doubt a violation of par. (e) of Section 3 of
RA 3019. The Municipality of San Andres, Romblon and people
gave lost the same amount to respondents and gave caused them
injury equivalent to the same amount. Respondents, in the discharge
of their official administrative functions have shown manifest
partiality and evident bad faith in pursuing and eventually
consummating the purchase of a lot with utter disregard of
applicable rules and regulation attendant thereto as narrated and
explained in the foregoing. Respondent former Mayor Rovillos and
 company have giver respondent Culla of unwanted benefits,
advantage and preference by conceding to the later the huge and
over priced consideration of the purchase of lot in subject.

21. The Sangguniang Bayan headed by respondent Mayor Vice-Mayor

Gadon, now Mayor, and respondents members, except minority
members Fabella, Gabaldon, Aquino and Fradejas, thereif, for their
failure to conduct public hearing specifically the Committee in
control chaired by respondent Ibañez, their failure to ascertain the
true and fair zonal value of the lot their failure to justify the usability
of the lot whether it is usable as agricultural, residential, commercial
or industrial, their failure to ascertain whether the Municipality stand
as the major losser in the transaction, yet proceeded with the
issuance of the Resolution of Authority to Purchase the lot, and
Respondent former Mayor Rovillos’ conformity thereto in
consummating the sale of the subject lot by paying the initial/partial
payment of Five Million Pesos (Ph 5,000,000.00), is a gross violation
of par. (g) as quoted in the foregoing.

22. The commission and violation of the Graft and Corrupt practices of
the respondents were confirmed by the Commission on Audit,
Regional Office No. IV-B, Local Government Section D-Province
of Romblon, Office of the Auditor-Team 4B-03, Odiongan,
Romblon with the issuance of Notice of Suspension issued to the
Local Government of San Andres, Romblon under NS No. 18-002-
100-(17) dated February 01, 2018 whereby payment of Ph
5,000,000.00 cost of the land was suspended in audit due to lack of
supporting documents in violation of Item 13.1 of COA Circular
2015-001 dated June 14, 2012 and Sections 4(6) of Presidential
Decree PD 1445, a copy is hereto attached as Annex “T” – “T-1”.
Respondents, in their eagerness to buy the subject property and
share the loot of such an illegal act, miserably ignored the
submission of the following in support thereof;

a) Project parcellary survey plan survey showing that the said lot and
structures are within the boundaries of the right-of-way;

b) Structural Mapping Plan of the lot affected;

c) Copy of latest updated master list of Project-Affected Person

(PAP) approved by Agency’s authorized representative;

d) In case of death of claimant or owner, judicial settlement duly

advertised in a newspaper of general circulation;

e) Independent Appraisal Report/Regional Committee Resolution

indicating the valuation of the land. Valuation should be based on
the provisions or RA No. 8974;

f) Applicable BIR Zonal valuation;

g) Certified photocopy of Authority/Agency Resolution to Purchase

land or Land Rights indicating the approved/established
valuations or BIR Zonal Valuations;

h) Certified Photocopy of Tax Clearance from Assessor’s Office

were the land is located
- Certified Authorizing Registration (CAR)
- Capital Gains Tax (CGT)
- Transfer Tax
 i) Certified photocopy of Tax Declaration in the name of the
procuring entity or previous owner with annotation of sale;

j) Certified photocopy of Claimant’s Surety/Indemnity Bond issued

by any Insurance Company duly accredited by the Insurance
Commission;

Respondent Rovillos, in cahoots with his respondents allies in

the Sangguniang Bayan boldly ignored and grossly initiated the
above-enumerated requirements prior to the issuance of the
Authority Resolution to purchase the lot in subject. Had they
complied with the dictates of the law, and the Local Government
has no means to comply, then the Authority Resolution should not
have been issued. The issuance of the Authority Resolution granting
respondent Rovillos to purchase the lot clothed him with all powers
and authority to purchase the lot although illegal and contrary to law,
a grave misconduct.

23. The Violation of RA 7160, Section 20 and 60 are aptly discussed in

par. 19 hereof.

24. Respondents, without doubt are liable for Grave Misconduct, Grave
Abuse of Authority and Discretion. The purchase by the
Respondents of a heavily overpriced lot in subject without observing
the legal processes in application and the reasonability of the price is
a misconduct which relate to or connected with the performance of
their official functions and duties as public officers. The misconduct
affects his performance as an officer either by maladministration and
willful, intentional neglect and failure to discharge the dictates of his
office since respondent herein have totally disregarded laws and
 regulations in application but rather proceeded with their own biased
judgment to perpetrate the offense.

25. It is likewise manifest that corruption is patently involved in subject

transaction. To advance their evil motive of gaining monetary
consideration in the purchase of the lot by way of an overprice
consideration, Respondents violated the law and disregarded
flagrantly the established rules, a grave misconduct.

26. Inherent in the commission of Grave Misconduct is the commission

of Grave Abuse of Authority and Discretion. Respondent Rovillos
grossly abuse his authority and discretion in ordering the purchase of
an idol and heavily overpriced subject lot in cahoots with his allies in
the Sangguniang Bayan, Respondents SB Members hereof, who
blindly issued a blanket authority to Respondent Rovillos to
purchase said lot. Respondent Municipal Accountant, Cherry D.
Padilla, Respondent Municipal Treasurer, Mary Sol Madalang and
Respondent Budget Officer, Mary Claire Motel, likewise effected the
payment of the overpriced lot despite knowledge of the flaws in the
transactions and the fact that the funds used came from savings of
the Personal Services which funds cannot be used to purchase lots
but for the upliftment of the Personels and to balance the Excess of
Personal Services. They capriciously and whimsically exercise
judgment tantamount to lack of jurisdiction which is an arbitrary and
despotic manner of exercising their powers which is very patent and
gross evasion of a positive duty to serve and protect the people.

27. Respondent should be preventively suspended pending investigation.

Section 24 of R.A. 6770 – Preventive Suspension

 The Ombudsman or his Deputy may preventively suspend any
officer or employee under his authority pending an investigation, if in
his judgment the evidence of guild is strong, and (a) the charge
against such officer or employee involves dishonesty, oppression or
grave misconduct or neglect in the performance of duty; (b) the
charges would warrant removal from the service; or (c) the
Respondent’s continued stay in the office may prejudice the case filed
against him.

The preventive suspension shall continue until the case is

terminated by the Office of the Ombudsman but not more than six
(6) months, without pay, except when the delay in the disposition of
the case by the Office of the Ombudsman is due to the fault,
negligence or petition of the Respondent, in which case the period of
such delay shall not be counted in computing the period of
suspension herein provided.

This is to prevent the Respondents specifically former Vice-

Mayor Gadon, now Mayor, to influence threat and coerce the
Complainants and deny them the opportunity to approve their cause
and more importantly, to prevent, to alter, cause the disappearance
and loss of documentary evidences under his control in the
Municipality of San Andres, Romblon.

In so doing, there will be a fair and credible delivery of justice

for protecting the interest of the Complainants to pursue a valid and
just cause of action against the Respondents without fair and
reservation. It is for this reason that Complainants herein respectfully
pray for this Honorable Ombudsman to effect immediately upon
receipt of this Complaint to cause the preventive suspension of the
Respondents in compliance with the rules aforestated.
28. The propensity of committing graft and corrupt in government by
the herein Respondents, specifically Respondent former Mayor
Rovillos is the fact that on August 25, 2017, the Office of the
Ombudsman indicted him and others for Violation of Section 3 (e)
of Republic Act 3019 anent Graft case filed on February 10, 2015
docketed as OMB LC-15-0234. Subsequently, a week after August
25, 2017, the Office of the Ombudsman ordered the termination
from Office of Respondent former Mayor Rovillos and others for
committing Grave Misconduct in the performance of their duties as
government workers. Thus, to date, Respondent former mayor
Rovillos is no longer the Municipal Mayor of San Andres, Romblon.