REPUBLIC OF THE PHILIPPINES)

CITY OF CEBU ) S.S.

COMPLAINT

WE, JULIET PACATANG ALOSBAÑOS, ANNA LIZA VITO, CHERRY

RAMADA ABADILLA a.k.a. “Ai-ai Vito”, AVELINA D. GAMAL, LORNA VENTUS
and EDUARDO C. GARCIA, all Filipinos, of legal age and residing in corner
Camomot Franza Road and Katipunan Street, Labangon, Cebu City, Philippines,
after having been duly sworn to in accordance with law, depose and state THAT:

1. We were the respondents including Glora Alba, Rosalinda Vasquez and

Benjamin Geraldizo in the Ejectment complaint filed by MYRA F. PUERTAS and
QUEENIE F. REYES with the Barangay Labangon that underwent through
conciliation meetings with the Barangay Labangon Pangkat sometime in 2019.

2. In January 2021, Myra F. Puertas and Queenie F. Reyes through their

legal counsel, ATTY. RURUEL PINTOR, filed with the Municipal Trial Court in the
Cities (MTCC), Branch 6, Cebu City, a case for Enforcement of Amicable Settlement
against JULIET PACATANG ALOSBAÑOS, ANNA LIZA VITO, CHERRY RAMADA
ABADILLA “Ai-ai Vito”, GLORIA ALBA, ROSALINDA VASQUEZ, AVELINA D.
GAMAL and MARIA CALUPE docketed as Civil Case No. M-CEB-21-00084-CV, a
copy of the MTCC complaint or Petition for Execution filed by ATTY. RURUEL
PINTOR is hereto attached as Annex “A”.

3. In all the conciliation meetings with the Barangay Labangon Pangkat

specifically with the so called Pangkat Chairman, Mario M. Quibilan, Pangkat
Secretary Joel T. Bacalla, and Pangkat member Celerina Delos Reyes, the legal
counsel of Myrna F. Puertas and Quennie F. Reyes, ATTY. RURUEL PINTOR was
present and appeared as the legal counsel of Myrna Puertas and Queenie Reyes. .

4. In all the conciliation meetings, ATTY. RURUEL PINTOR sat right next to
the Pangkat Secretary Joel T. Bacalla and sometimes he would stand but just beside
the pangkat members. The seating arrangement is shown in the drawing hereto
attached as Annex “B”.

5. There was one conciliation meeting when only ATTY. RURUEL PINTOR
attended the conciliation meeting.

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 6. In all the conciliation meetings, ATTY. RURUEL PINTOR was speaking for
Myrna Puertas and Queenie Reyes and was talking more than the Pangkat
members did. His mere presence being their counsel was intimidating not only to us
respondents but even to the pangkat members who did not even write his name as
counsel for Myrna and Queenie on the minutes of the meetings and in the amicable
settlement dated June 26, 2019 signed by the above mentioned seven defendants,
a copy of which is attached as Annex “A” to their Petition for Execution (hereto
attached as Annex “A”) and the amicable settlement dated July 12, 2019 signed by
LORNA VENTUS, EDUARDO GARCIA and BENJAMIN GERALDIZO, a copy of
which is hereto attached as Annex “C”.

7. The respondents in the Ejectment complaint in the barangay who did not
sign or were absent on June 26, 2019 where summoned to appear on July 12, 2019.

8. Not only his presence was unsettling but also his words presenting the
facts according to him and analyzing rationalizing them in favor of his clients and
intimidating us:

“KUTOB NALANG MO TEN DAYS KUNG DILI MO MUOYON.” (You only

have 10 days if you don’t agree.):
“PIRMAHI NA. AYAW DUGAY-DUGAY.”

9. We received the MTCC summon and complaint on April 12, 2021. Out of
lack of knowledge of the law, we were just informed recently that ATTY. RURUEL
PINTOR violated the Katarungang Pambaranggay Law specifically Section 415 of
the Local Government Code of 1991 that states:

Section 415. Appearance of Parties in Person. - In all katarungang

pambarangay proceedings, the parties must appear in person without
the assistance of the counsel or representative, except for minors and
incompetents who may be assisted by their next of kin who are not
lawyers.

We were also informed about the mandatory nature of the law, hence, in
effect, the settlements entered were products of illegal proceedings citing A.C. No.
12121 (Formerly CBD Case No. 14-4322), June 27, 2018 - CELESTINO MALECDAN,
Complainant, v. ATTY. SIMPSON T. BALDO, Respondent.:

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 “The Court agrees with the IBP Board of Governors that the language of
P.D. 1508 is mandatory in barring lawyers from appearing before the
Lupon.

As stated in the case of Ledesma v. Court of Appeals,23 Section 9 of

P.D. 1508 mandates personal confrontation of the parties because:

"x x x a personal confrontation between the parties without the intervention of
a counsel or representative would generate spontaneity and a favorable
disposition to amicable settlement on the part of the disputants. In other
words, the said procedure is deemed conducive to the successful
resolution of the dispute at the barangay level."

xxxx

"To ensure compliance with the requirement of personal confrontation

between the parties, and thereby, the effectiveness of the barangay
conciliation proceedings as a mode of dispute resolution, the above-quoted
provision is couched in mandatory language. Moreover, pursuant to the
familiar maxim in statutory construction dictating that 'expressio unius
est exclusio alterius', the express exceptions made regarding minors
and incompetents must be construed as exclusive of all others not
mentioned."24 (Emphasis supplied)”

10. We were also confused as to what document some of us signed on June

26, 2019 and on July 12, 2019, whether these were minutes of the meetings or
settlement as things went so fast and again ATTY. RURUEL PINTOR’s presence
was intimating, he being clearly for the complainants Myrna Puertas and Quennie
Delos Reyes.

11. We were confused during the proceedings as it was ATTY. RURUEL

PINTOR who gave the information, analyzed them in front of us, even appearing as
if he was the one leading the meetings. We were forced to easily agree to the
settlement because of the intimating and unsettling presence of the lawyer who was
clearly pro-complainants Myrna Puertas and Quennie.

12. For ATTY. RURUEL PINTOR to file the Amicable Settlement

enforcement case in court using as cause the Amicable Settlement steaming from
illegal proceedings that his very own presence and abusive exercise of power as
lawyer made it illegal is act of gross bad faith and pure disrespect to the court.

13. We are executing this Complaint Affidavit to attest to the veracity of the
foregoing facts and to file a complaint against ATTY. RURUEL PINTOR for violating
Section 415 of the Local Government Code and violating the ethical standards for
lawyers.

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 PRAYER

The foregoing statements considered, we pray that Commission on Bar Discipline

declare ATTY. RURUEL PINTOR having violated Section 415 of the Local Government
Code and the ethical standards for lawyers and be meted with the appropriate
disciplinary action for his illegal conduct in the capacity as a lawyer.

VERIFICATION AND CEFTIFICATION

OF NON-FORUM SHOPPING

1. We have caused the preparation and filing of this Complaint with the
Honorable Office of the Integrated Bar of the Philippines;

2. We have meritorious causes in filing this complaint and this is not filed for
delay;

3. We have read its contents and the facts stated therein are true and
correct, of our personal knowledge and/or based on copies of documents and
records in our possession;

4. We 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 our knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency
except those related cases mentioned above;

6. If we should thereafter learn 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, we undertake to report that fact within five (5) days therefrom to
this Honorable Office.

WITNESS OUR HANDS, this ____ day of May 2021 at Cebu, City, Philippines

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 JULIET PACATANG ALOSBAÑOS ANNA LIZA VITO
Senior Citizen Control No. 2020-16486 Unified Multi-Purpose CRN-0006-1398188-8

CHERRY RAMADA ABADILLA AVELINA D. GAMAL

“Ai-ai Vito” Senior Citizen Control No. 38586
Unified Multi-Purpose CRN-0006- Cebu City
1398188-8

EDUARDO C. GARCIA LORNA VENTUS

Senior Citizen Control No. 38586 Senior Citizen Control 86120
Cebu City

SUBSCRIBED AND SWORN TO before me this ________ day of March 2021 at

Cebu City, Philippines, Affiants exhibited to me competent evidence of her identity.

_____________________________

Prosecutor