Republic of the Philippines)

Province of Leyte ) S.s.

Municipality of Hilongos )

COMPLAINT-AFFIDAVIT

I, JANETH TORREVILLAS, of legal age, married and a resident of Brgy.

Guadalupe, Inopacan, Leyte Philippines, after being sworn to in accordance with
law, hereby depose and state that:

1. That on September 23, 2019, through my caretaker, Pelagia Legaspi, I

requested a Barangay Certification from the Office of the Punong
Barangay of Guadalupe, Inopacan, Leyte and paid the amount of Fifty
Pesos (Php 50.00), the receipt of which were keep by the Barangay
Treasurer;

2. That the said Barangay Certification is one of the required documents

by the DENR in my plan of building a dike at the back of my house;

3. That we made several demands for issuance of the said Certification to

the Barangay Treasurer however it was not acted upon;

4. That on September 25, 2019, two days after my request, I and my

caretaker Pelagia Legaspi were summoned by Barangay Captain Polo
at his residential house regarding my request of the said Barangay
Certification in his office;

5. That on our arrival at this residence, Barangay Captain Polo kept on

ignoring us. Instead of entertaining us, he was busy managing the on-
going renovation of his house;

6. At the time that he entertained us, we were surprised as he was

furious and angry. He informed us that he will not issue a Barangay
Certification unless I personally visit the Office of the Municipal
Engineer and the Office of the Mayor of Inopacan, Leyte;

7. That Barangay Captain Polo did not provide any explanation and
justification for the said additional, exorbitant and needless
requirement for the issuance of the said Certification. He is fixed to
make the issuance of the said requirement as complicated as possible
when in fact it is merely ministerial on his part to issue the same;

8. Hence, I decided to withdraw my request for a Barangay Certification

and asked for a refund of my earlier payment. We went to the house of
the Barangay Treasurer for the refund of Fifty Pesos (Php 50.00).
However, she refused to issue a refund for the reason that they already
issue a receipt;

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9. That on September 26, 2019, we were surprised that the daughter of
my caretaker, Charm Maria Legaspi, was summoned by Barangay
Captain Polo regarding the former’s query on the Facebook Page of
Inopacan, Leyte regarding the matter of refund of the payment of the
Barangay Certification;

10. On September 27, 2019, at the Barangay Hall of Bry. Guadalupe,

Charm Maria Legaspi was shouted at and insulted by Barangay
Captain Polo at the latters office. In fact, at the entrance of the
Barangay Hall and in the presence of several individual, Barangay
Captain Polo continued to shout and insult Maria Charm Legaspi by
pointing fingers at her and calling her “Bogo” “Bulok”;

11. That the acts of the Captain Polo essentially show the elements of the
offense under Section 3 (f) of R.A. 3019 which provides that:

(f) Neglecting or refusing, after due demand or request, without sufficient

justification to act within a reasonable time on any matter pending before him
for the purpose of obtaining directly or indirectly, from any person interested
in the matter some pecuniary or material benefit or advantage, or for purpose
of favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party.

12. Moreover, Barangay Captain Polo’s outright suppression of freedom of

speech, demanding his constituents to appear before his own residence
in his official capacity is a wanton violation of Section 4 (b) (c)(e) of
R.A. 6713 otherwise known as Code of Conduct and Ethical Standards
for Public Officials and Employees which states that:

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(b) Professionalism. - Public officials and employees shall perform and
discharge their duties with the highest degree of excellence, professionalism,
intelligence and skill. They shall enter public service with utmost devotion
and dedication to duty. They shall endeavor to discourage wrong perceptions
of their roles as dispensers or peddlers of undue patronage.

c) Justness and sincerity. - Public officials and employees shall remain true to
the people at all times. They must act with justness and sincerity and shall
not discriminate against anyone, especially the poor and the underprivileged.
They shall at all times respect the rights of others, and shall refrain from
doing acts contrary to law, good morals, good customs, public policy, public
order, public safety and public interest. They shall not dispense or extend
undue favors on account of their office to their relatives whether by
consanguinity or affinity except with respect to appointments of such
relatives to positions considered strictly confidential or as members of their
personal staff whose terms are coterminous with theirs.

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(e) Responsiveness to the public. - Public officials and employees shall extend
prompt, courteous, and adequate service to the public. Unless otherwise
provided by law or when required by the public interest, public officials and
employees shall provide information of their policies and procedures in clear
and understandable language, ensure openness of information, public
consultations and hearings whenever appropriate, encourage suggestions,
simplify and systematize policy, rules and procedures, avoid red tape and
develop an understanding and appreciation of the socio-economic conditions
prevailing in the country, especially in the depressed rural and urban areas.
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13. Public office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.

14. That I am executing this affidavit to attest the truthfulness of the

foregoing facts and to support the filing of appropriate criminal
charges against Barangay Captain Arnolfo Polo of Barangay
Guadalupe, Inopacan, Leyte;

IN WITNESS HEREOF, I have here unto affix my signature this ____

of October 2019 at Hilongos, Leyte, Philippines.

JANETH TORREVILLAS
Affiant

SUBSCRIBE AND SWORN TO ME this __ of October 2019 at Hilongos,

Leyte Philippines.

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 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JANETH TORREVILLAS, married, of legal age, Filipino, a resident of

Brgy. _________, Inopacan, Leyte, after having been duly sworn in accordance
with law, do hereby state under oath as follow:

1. I am the affiant in the complaint filed against Barangay Captain

Arnolfo Polo of Brgy. ____________, Inopacan, Leyte, Philippines;

2. I have read and understood the contents hereof of this Complaint and
the facts herein alleged are true and correct of my own knowledge and
based on available records;

3. I have not commenced any other action or proceeding or any claim,

or filed any claim involving the same issues raised in the above-
captioned case, in this Honorable Supreme Court, in the Court of
Appeals, nor the different Divisions thereof, nor in any other court or
tribunal or agency and to the best of my knowledge, no such other
action or claim is pending therein;

4. I hereby undertake to notify this Honorable Office of such fact within

five (5) days from receipt of such knowledge, should I come to learn
that the same or a similar action or claim has been filed or pending in
the Supreme Court, Court of Appeals, the different Divisions thereof,
or any other court or tribunal or agency.

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 IN WITNESS WHEREOF, I have hereunto set my hand this __ day of
October 2019 at Cebu City, Philippines.

JANETH
TORREVILLAS
Affiant

SUBSCRIBED AND SWORN TO before me this __ day of October 2019

at Hilongos, Leyte , Philippines, affiant who is personally known to me as the
same person who executed this affidavit and verification and who exhibited her
proof of identity by way of her ________________________________________.