Republic of the Philippines

OFFICE OF THE OMBUDSMAN

Office of the Ombudsman (Visayas)
M. Velez Street, Guadalupe, Cebu City 6000

CARY JANE E. DALMACION

Complainant,

-versus- OMB-V-C-18-0092
For: Violation of Section 3 (e)
And (h) of Republic Act 3019
(The Anti-Graft and Corrupt
Practices Act); Violation of
Article 171 of the Revised Penal
Code (Falsification by Public
Officer, employer or Notary or
Ecclesiastic Minister)

OMB-V-A-18-0093
For: Section 7(a) of Republic Act
6713 ( Code of Conduct and
Ethical Standards for Public
Officials and Employees);
Misconduct

DIVINA DEL CORRO DABALOS

Head Teacher ‘
Mongolbongol National High School
San Vicente, Northern Samar

Respondent.

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COUNTER-AFFIDAVIT

RESPONDENT, by himself, unto this Honorable Office, most respectfully

alleges:

1. That I, DIVINA DEL CORRO DABALOS, is of legal age, married and a

resident of (residential address required per Ombudsman Order)
San Vicente, Northern Samar;

2. That I am the Head Teacher of Mongolbongol National High School (MNHS),

San Vicente, Northern Samar with a monthly salary of __________ salary
grade _______;

3. That I have received an order from the Office of the Ombudsman (Visayas)
impelling me to answer the criminal/administrative investigation initiated
against me which virtually emanated from the letter-complaint initiated by
my Co-teachers; along with this letter-complaint are two affidavits executed
by my Co-teachers Cary Jane E. Dalamacion and Maryniel Odtujan Manaog;

4. That to answer such letter-complaint and affidavits, respondent hereby

respectfully aver upon this Honorable Office the following allegations, to wit;

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 A. Regarding the Letter-complaint

5. Respondent hereby affirms Paragraph 3 of the letter-complaint stating that

the school has limited supplies. However, it must be emphasized that, indeed,
Mongolbongol National High School has limited supplies due to limited funds
disbursed by the Government and that the limited budget is not due to any
anomalous transactions. Hence, such allegation is without basis;

6. Respondent hereby specifically denies Paragraph 4 of the letter-complaint,

the truth of the matter of fact is that the plywood was used to build the
Bulletin Board inside the school premises and in the Computer Room;

7. Respondent also specifically denies the second sentence of Paragraph 4, the

truth of the matter of fact is that; fuel and oil lubricants were utilized to
operate a fuel-powered electricity generator acquired sometime during the
year 2016 and it was only on the year 2017 that the school purchased a solar
powered electricity generator;

8. Respondent hereby specifically denies Paragraph 5 of the letter-complaint,

the truth of the matter of fact is; the respondent never used the ATM Account
of the School designated for the Maintenance and Other Operating Expenses
(MOOE) for her personal loans as a form security. In fact, Imelda Uy,
executed an affidavit attesting to such fact and is attached to this pleading
marked as Annex “A”;

B. Regarding the Affidavit of CARY JANE E. DALMACION

9. Respondent hereby specifically denies Paragraph 2 of the Affidavit stating

that there were questionable and suspicious disbursements made by the
respondent such statement has no basis, is vague and can be easily concocted;
it must be pointed out that this allegation does not even state specific
transactions and are merely generalizing that there were questionable and
suspicious disbursements;

10. Respondent hereby affirms Paragraph 3 of the affidavit. However, it must be

emphasized that the disbursement of funds was due to that fact that during
the year 2016 the school had no photocopying machine and there were no
other photocopying center available in the vicinity only Davy Jim’s. Thus, the
school required the services of a private person operating a photocopying
business. The Cash Disbursement Register affirms the fact that photocopying
services was in fact rendered, the obliviousness of the complainant of such
fact is of no matter; suspicions based on nothing does not hold water;

11. Respondent hereby specifically denies paragraph 4 of the affidavit for it is

without basis. The Cash Disbursement Register affirms the fact that, indeed,
P2,300 was received by Ms. Dalmacion her mere allegation that she only
received P1,000 pesos is not supported by any evidence. It must also be noted
that Ms. Cary Jane E. Dalamacion has executed an Affidavit of Desistance
controverting the fact that she only received P1,000 pesos and is hereinto
attached in this pleading marked as Annex “B”;

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12. Respondent hereby affirms Paragraph 5 of the affidavit. However, it must be
stressed that during the year 2016 Mongolbongol National High School has no
photocopying machine and there were no other photocopying center available
in the vicinity only Davy Jim’s. Thus, the school required the services of a
private person operating photocopying business. The fact that there were no
regular classes during that time is of no moment for even if there are no
classes, the office activities in the school continue.

13. Respondent hereby affirms Paragraph 6 of the affidavit. The Cash

Disbursement Register affirms the fact that photocopying services were
rendered. The fact that the complainant has no personal knowledge regarding
any photocopying services rendered does not mean that such services were
not rendered. Her mere allegation that such services were not rendered
because she was unaware of it does not hold water because it is not supported
by evidence. On the other hand, the Cash Disbursement Register affirms the
fact that photocopying services were indeed rendered;

14. Respondent hereby specifically denies Paragraph 7 of the affidavit the truth of
the matter of fact is; the fuel and lubricants were used to operate the motor
boat which transported the student athletes of Mongolbongol National High
School going to the Unit Meet (specify date and place);

C. Regarding the Affidavit of MARYNIEL O. MANAOAG

15. Paragraphs 2, 3, and 4 of said affidavit is hereby specifically denied the truth
of the matter of fact is that; Maryniel Odtujan Manaoag received such
amounts during some other time and in fact, she has executed an affidavit of
desistance to controvert the fact that she did not receive any amount
regarding such disbursements, the affidavit of desistance is hereinto attached
in this pleading marked as Annex “C”;

D. The Elements of the Charges

16.There are two ways of violating Section 3 paragraph ( e ) of Republic Act No.
3019 or the Anti-Graft and Corrupt Practices Act, it is either by causing any
undue injury to any party, including government or by giving any party any
unwarranted benefit, advantage or preference; this is expressly written in the
statute. In the case of Jacinto vs. Sandiganbayan, 178 SCRA 254 the
Supreme Court enunciated that “undue injury was referred to as the
real or actual damage occasioned by the acts of the offender. The
Injury must be more than necessary, excessive, improper, or
illegal.” In the case at bar, there has been no undue injury since the
disbursements made by Respondent Dabalos was legitimately incurred for
school purposes. Hence, there is no undue injury to speak of. As to the second
way of violating the statute, herein respondent Dabalos did not give any party
unwarranted benefit, advantage or preference. In the case of Gallego v.
Sandiganbayan, 115 SCRA 793 the Supreme Court declared that
“Unwarranted means lacking adequate official support;

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 unjustified; unauthorized; or without justification or justice.” In
the case at bar, respondent had no choice but to avail the services of Davy
Jim’s Photocopy Center for it is the only Photocopying Center available that
time. This fact justifies why respondent required the services of Davy Jim’s
Photocopy Center;

17. Pursuant to Article 171 of the Revised Penal Code, the following elements of
falsification must concur to consummate the crime:

a. The offender is a public officer, a notary public or an ecclesiastical

minister;
b. He takes advantage of his official position; and
c. He falsifies a document by any of the eight ways enumerated under
Article 171 therein.

18. In the case at bar, respondent Dabalos is indeed a public officer but she did
not in any way took advantage of her public position and committed any of
the acts enumerated in Article 171 of the Revised Penal Code. Inadvertently, it
just happened that Ms. Maryniel O. Manaoag received the amounts stated in
the disbursements during some other time causing it to appear that she did
not receive any amount when in fact she did receive such amounts. This fact is
even corroborated by the Affidavit of Desistance executed by Ms. Manaoag.
With regards to the Cash Disbursement Register, the funds disbursed were
used for a legitimate purpose, complainant merely speculated on her
allegations. In fact, Ms. Dalamacion even executed an Affidavit of Desistance
as to that matter. Thus, it must be put to attention, that respondent Dabalos
did not violate in any way Article 171 of the Revised Penal Code.

19. Section 7 Paragraph (a) of Republic Act No. 6713 (Code of Conduct and
Ethical Standards for Public Officials and Employees Misconduct) states that:
“Public Officials and employees shall not, directly or indirectly,
have any financial or material interest in any transaction
requiring the approval of their office.” In the case at bar, respondent
Dabalos had no financial or material interest in any transaction. The
transactions made with Davy Jim’s Photocopying Center was not for her own
financial or material interest but rather it was for the interest of the school for
her to effectively render her duties as a head teacher. Since there was no other
available Photocopying Center in the proximity but only Davy Jim’s;
Respondent resorted to their service for the purpose of fulfilling her duties as
a head teacher and not for any financial or material interest.

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 WHEREFORE, premises considered, it is most respectfully prayed of from this
Honorable Office, that the instant case be DISMISSED for lack of merit. Other reliefs
just and equitable under the premises are likewise prayed for.

13 April 2018, Catarman, Northern Samar for Cebu City.

DIVINA DEL CORRO DABALOS

Respondent
Catarman, Northern Samar

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