Republic of the Philippines

OFFICE OF THE OMBUDSMAN

Agham Road, Diliman, Quezon City

GREENHILLS EAST VILLAGE

ASSOCIATION, INC. (GEVA) AS
REPRESENTED BY ANGELINA B.
SICCION
Complainant.

-versus- OMB___________
For: Violation of Section 18, R.A 9904

HON. CARMELITA ABALOS,

HON. ANTONIO SUVA, JR,
HON. CHARISSE MARIE ABALOS
HON. GRACE MARIE VERA ANTONIO

Respondents.

x--------------------------------x

COMPLAINT-AFFIDAVIT

I, ANGELINA B. SICCION, of legal age, Filipino, married and residing at

Corner Duke and Buffalo Streets, Greenhills East Village, Mandaluyong
City under oath declare that:

1. I am the President and authorized representative of GREENHILLS

EAST VILLAGE ASSOCIATION, INC. (GEVA for brevity), a corporation
duly organized and existing under and by virtue of the laws of the
Republic of the Philippines with principal office located at Corner Duke
and Buffalo Streets, Greenhills East Village, Mandaluyong City.

2. I am filing this complaint in behalf of GEVA by virtue of the authority

given to me which is evidenced by a Secretary Certificate herein attached
as ANNEX “A”.

3. Respondents hold the following elective positions in the City of

Mandaluyong:

HON. CARMELITA ABALOS-Mayor

HON. ANTONIO SUVA, JR.-Vice Mayor
HON. CHARISSE MARIE ABALOS-Councilor
HON. GRACE MARIE VERA ANTONIO- Councilor
4. In a letter dated May 14, 2019, GEVA through its Board of Directors
questioned the enactment, passage and approval of City Ordinance No.
664, S-2017 otherwise known as the “Zoning Ordinance of the City of
Mandaluyong and informed respondent Hon. Carmelita Abalos that the
majority of the homeowners did not give its consent to the zoning
reclassification of lots along EDSA, Ortigas Avenue and Connecticut Street
of the Greenhills East Village as mandated by Section 18 of Republic Act
9904 or the Magna Carta for Homeowners and Homeowner’s Associations.
“ xxx
LGUs shall, upon due notice, hold public consultations with the members
of the affected associations, especially their officers and directors, where
proposed rules, zoning and other ordinances, projects and/or programs
affecting their jurisdiction and surrounding vicinity are to be implemented
prior to the effectivity or implementation of such rules, zoning, ordinances,
projects or programs: Provided, That in cases of zonal reclassification, the
approval of a simple majority of homeowners shall be required.
x xx .”

5. The reclassification was made in the following manner: (1) those on

Connecticut, previously classified as R-1 Residential to C-2A Commercial
allowing construction of buildings to a height limit of six (6) storeys or
eighteen (18) meters above highest grade; (2) those on EDSA and Ortigas
Avenue, previously classified as C-2A Commercial to C-2B Commercial
allowing the construction of buildings to a height limit of ten(10 )storeys or
thirty (30) meters above highest grade. A copy of said letter is hereto
attached as ANNEX “B”. A copy of the Board Resolution authorizing the
Board of Directors of GEVA to question and object to any violation of the
provisions of R.A 9904 relating to the subject reclassification of said lots is
also hereto attached as ANNEX “C”.

6. However, said letter was unheeded, hence, a letter of the same tenor
signed by the majority of the homeowners of GEVA dated June 1, 2019 was
sent reiterating the complainant’s stand on the issue of reclassification. A
copy of the letter is hereto attached as ANNEX “D”.

7. Believing that our persistent effort of diplomacy was falling to deaf ears,
we sent a follow-through letter dated June 21, 2019 on the previous
correspondences. A copy of said letter is hereto attached as ANNEX “E”.

8. Since GEVA has not received any response from the respondents, a
letter-request for assistance was filed before this Office, through the Public
Assistance and Corruption Prevention Bureau under Rule IV of the Rules
of Procedure of the Office of the Ombudsman (A.O No. 7, as amended) to
arrange a conference between GEVA and the City Mayor and Sangguniang
Panlungsod of Mandaluyong City to address issues and matters raised by
the complainant. A copy of the letter is hereto attached as ANNEX “F”.

9. A Notice of Conference was sent by this Office on July 22, 2019 directing
a CLARIFICATORY CONFERENCE ON THE ALLEGED “LACK OF
PUBLIC CONSULATIONS WITH THE MEMBERS OF THE AFFECTED
ASSOCIATIONS ESPECIALLY WITH THEIR OFFICERS AND
DIRECTORS” IN THE PASSAGE OF ORDINANCE NO. 664, S-2017 to be
held on July 31, 2019 at ten (10) o’clock in the morning before action officer
Atty. Julito M. Ramo. A copy of the Notice of Conference is hereto attached
as ANNEX “G”.

10. Unfortunately, none of the respondents appeared. Hence, a second

Notice of Conference was sent dated July 31, 2019 directing both the
complainant and the respondents to attend the rescheduled conference on
August 8, 2019 at ten (10) o’clock in the morning before the same action
officer. For the second time around, none of the respondents showed up. A
copy of the Second Notice of Conference is hereto attached as ANNEX “H”
and copies of the attendance of the conference on July 31, 2019 and August
8, 2019 are hereto attached as ANNEX” I” and ANNEX “J” respectively.

11. I am executing this sworn statement for the purpose of charging the
respondents with a violation of Section 18, R.A 9904 or the Magna Carta for
Homeowners and Homeowner’s Associations.

IN WITNESS WHEREOF, I set my hand this 13 day of August 2019 in

th

Quezon City, Metro Manila Philippines

Angelina B. Siccion
Complainant

SUBSCRIBED AND SWORN to before me the undersigned officer, this 13 th

day of August, 2019 in Quezon City, Metro Manila, Philippines

The undersigned officer certifies that he personally examined the affiant
and that he is satisfied that she voluntarily executed and understood her
complaint-affidavit.
Administering Officer
________________________
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, ANGELINA B. SICCION, of legal age, Filipino, married and a resident

of Corner Duke and Buffalo Streets, Greenhills East Village, Mandaluyong
City after having been duly sworn in accordance with law, depose and
state that:
1. I am authorized to file this complaint before this Office;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;
6. If I should thereafter learned that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

ANGELINA B. SICCION
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 2019 at _________________ affiant exhibiting to me
her____________________ issued on ________________ at ______________
City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2019