ITEM NO.

1313

Affidavit of Complaint of December Erispe against Punong Barangay Datu Amado

Mansabid of Datu Salumay, Marilog District, Davao City

Cause of Action: Violation of Anti-Graft and Corrupt Practices Act

Complainants: December Erispe

Respondent: PB Datu Amado Mansabid

Complaint Filed: March 26, 2021

Answer Filed: August 19, 2021

SUMMARY OF THE CASE:

The complainant alleged in her complaint that she is the lawful possessor of a parcel of
land covered by a Certificate of Ancestral Domain Title registered under Matigsalog-Manobo
Tribal People Council of Elders Davao, Inc. (MAMATRIPCEDI) of Marilog District before the
National Commission on Indigenous People (NCIP). A Certification Precondition was issued to
her covering the parcel of land and subsequent to the issuance, she executed a Tripartite
Agrement entitled “Memorandum of Agreement” with MAMATRIPCEDI and NCIP. After the
execution of the Agreement, she began the lawful occupation of the aforesaid land with the
consent of the Council Elders of Matigsalog Tribe local ethnic group.
However, Datu Amado Mansabid together with Datu Pablito B. Diwan, Sr.
acting as the Chairman and Tribal Secretary of the Council of Elders allegedly
issued Resolution No. 27, series of 2019 declaring the termination of the
Memorandum of Agreement without consulting the complainant as regards the
allegation that she was selling the parcel of land. The complainant thereafter filed a
complaint before the Barangay to air her grievances and to be able to get a Certification to File
Action so that she can file a case before the NCIP.
The complainant later found out that the land subject of the Memorandum of
Agreement and Certification Precondition was transferred to a certain Mr. Anselm Plummer, a
British National, for a considerable amount of money which was allegedly the reason why Datu
Amado Mansabid unilaterally cancelled the Memorandum of Agreement and the reason why he
abused his function as the Barangay Captain to deter and avoid the issuance of the
Certification to file Action knowing that without which , the complainant cannot file a case
against the Council of elders before the NCIP for the recovery of possession of the land.
The complainant alleged that Datu Mansabid repeatedly and intentionally
postponed several hearings relative to her complaint and refused to conduct a
hearing relative to the land dispute despite several request. In addition, Datu
Mansabid allegedly by his actions showed manifest partiality by favoring Mr. Plummer who is
not even qualified to possess the parcel of land.
In Answer, Datu Mansabid stated that contrary to the allegations of the complainant, no
complaint was filed by her against the Council of Elders for the complaint she lodged with the
Office of Barangay Datu Salumay was against Anselm William Plummer. Datu Mansabid alleged
that the complaint filed by herein complainant in the Barangay was entertained but no
settlement has been reached. That since the land is part of the Ancestral Domain, he advised
the complainant to file a complaint before the NCIP. Despite the issuance of Resolution No. 27,
the complainant did not file any action against Plummer, thus Resolution No. 27 series of 2019
so states “RESOLUTION SA PAGTERMINATE SA MEMORANDUM OF AGREEMENT NGA NA
ISSUE SA COUNCIL OF ELDERS SA MATIGSALOG NGADTO KANG MRS. DECEMBER ERISPE
GNA NAKA-UKUPAR SA LUNA NGA TULO KA EKTARYA NGA NAHIMUTANG SA SITIO DIAMOND
BARANGAY DATU SALUMAY, MARILOG DISTRICT, DAVAO CITY.XXX

That despite knowing and having knowledge of the existence of Resolution No. 27, the
complainant did not question the validity of the Resolution, instead filed this complaint against
Datu Mansabid who as a member and officer of the Council of Elders of the
Matigsalog Tribe has the authority and right to pass said Resolution.

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