Republic of the Philippines

OFFICE OF THE DEPUTY OMBUDSMAN FOR MINDANAO

Corner Earth and Libra Streets GSIS Heights, Matina, Davao City 8000

JON T. SNOW
Complainant

OMB-L-C-45796
-versus- For: Violation of Sec. 79 of RA 7160
Violation of Art. 244 of RPC

DAENERYS TARGARYEN
Respondent

COUNTER-AFFIDAVIT

I, DAENERYS TARGARYEN, Filipino, of legal age, married and a

resident of King’s Landing St., Brgy. Westeros, Isulan, Sultan Kudarat holding
office at the Office of the Municipal Vice Mayor, Isulan, Sultan Kudarat and the
incumbent Municipal Vice Mayor of Isulan, Sultan Kudarat, with Salary Grade
25, after having been duly sworn to in accordance with the law do hereby depose
and says, that:

1. On 05 August 2019, the respondent received the ORDER dated July

31, 2019 issued by the Honorable Office directing her to submit her
COUNTER-AFFIDAVIT, together with the affidavit of her witnesses
or evidentiary documents to complainant Jon T. Snow’s
AFFIDAVIT-COMPLAINT (dated July 30, 2019) within ten (10)
days from receipt thereof.

2. As such, respondent formally submits unto this Honorable Office this

Counter-Affidavit in response to Affidavit-Complaint file by
complainant – Jon T. Snow.
 3. Respondent Daenerys Targaryen, admits that she had appointed her
brother – Viserys Targaryen in a permanent status to the position of
Sangguniang Bayan Secretary with a yearly salary of ₱695,698.00.
The date of such appointment was on June 11, 2019.

4. That respondent Daenerys Targaryen, at the time of the appointment,

strongly believes that Viserys Targaryen have the minimum
qualifications needed as set forth in accordance with Section 469(b)
of Republic Act 7160 otherwise known as the Local Government
Code of 1990.1

5. That respondent Daenerys Targaryen, believed in good faith that the

appointment she made was in accordance with the existing laws.

6. That the complaint before the respondent is motivated by bad faith.

The complainant being a supporter of the losing Vice Mayoralty
candidate.

7. That respondent Daenerys Targaryen has not violated section 76 of

the Local Government Code and Article 244 of the Revised Penal
Code, because:
a. The appointment made by respondent Daenerys Targaryen was
before her assumption to office as Municipal Vice Mayor.
i. In accordance with Section 43 of Republic Act 7160 which
states that:

Section 43. Term of Office. - (a) The term of

office of all local elective officials elected after
the effectivity of this Code shall be three (3)
years, starting from noon of June 30, 1992 or
such date as may be provided for by law, except
1
Section 469 (b) of RA 7160 - No person shall be appointed secretary to the sanggunian unless he is a citizen of the
Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college
degree preferably in law, commerce or public administration from a recognized college or university, and a first
grade civil service eligible or its equivalent.
 that of elective barangay officials: Provided,
That all local officials first elected during the
local elections immediately following the
ratification of the 1987 Constitution shall serve
until noon of June 30, 1992.

ii. The law is clear in determining that all local elective

officials after the effectivity of the Local Government Code
shall assume office starting from noon of June 30.
iii. Since there is no law currently in force and effect amending
the said provisions of the Local Government Code, it goes to
follow that the respondent’s assumption to office as duly
elected Municipal Vice Mayor of Isulan, Sultan Kudarat will
take effect on the noon of June 30, 2019 and after having
been duly sworn in.
iv. Since respondent has not yet assumed her office as
Municipal Vice-Mayor and has not taken her Oath of office2,
there is no source of right as to the appointment she made on
June 11, 2019 to Viserys Targaryen as Sangguniang Bayan
Secretary.
v. Having no source of right at the time she made the
appointment to her brother – Viserys Targaryen, such
appointment is considered void ab initio3.

8. As presented above, the appointment made by respondent Daenerys

Targaryen prior to her assumption to office and prior to her taking the
oath of office should be valid in order to constitute violation of
Article 244 of the Revised Penal Code.

9. Moreover, the proviso stipulated in Section 79 of the Local

Government Code4 is inapplicable because there was no appointment
2
Section 92 – Republic Act 7160
3
Italics supplied
4
SEC. 79. Limitation on Appointments. - No person shall be appointed in the career service of the local government
if he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending
 that had been made in the first place – being considered as void ab
initio.

Wherefore in view of the foregoing, respondent respectfully prays unto this

Honorable Office that the complaint file by complainant Jon T. Snow for the
alleged violation of Sec. 79 of RA 7160 and Art. 244 of the Revised Penal Code
against respondent Daenerys Targaryen should be dismiss for lack of probable
cause.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereby affix my signature this 9th day of

August 2019 in the Municipality of Isulan, Sultan Kudarat, Philippines.

DAENERYS TARGARYEN
Respondent - Affiant
King’s Landing St., Brgy.
Westeros, Isulan, Sultan Kudarat

Assisted by Counsel:

ATTY. NHASSIE JOHN G. GONZAGA

Counsel for Respondent
Roll No.: 14344
IBP Membership No. 324•Davao City
PTR No. 987-654-321•Davao City
MCLE Compliance No. 2343•Davao

SUBSCRIBED AND SWORN TO before me this 9th day of August 2019,

in the Municipality of Isulan, Sultan Kudarat, Philippines, affiant exhibiting before
me her Passport No. ILY-14344 issued in Davao City on June 24, 2018.

I further certify that I have personally examined the affiant and I am

convinced and satisfied that she voluntarily executed the foregoing Counter

authority.
Affidavit and understood all the contents hereof and that they are true and correct
as to her own personal knowledge.

ATTY. TYRION LANNISTER

Notary Public for Sultan Kudarat
Valid Until: December 31, 2019
Roll No.: 46867
IBP Membership No. 143•Sultan Kudarat
PTR No. 945-456-123•Sultan Kudarat
MCLE Compliance No. 7894•Davao

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Series of 2019