REPUBLIC OF THE PHILIPPINES

Office of the Deputy Ombudsman for Luzon

3rd Floor, Ombudsman Bldg., Agham Road
Diliman, Quezon City

ADVANCE FORCES SECURITY AND

INVESTIGATION SERVICES, INC.
Rep. By: Atty. James Santiago,
Complainant/s,

-versus- OMB-L-A-11-0662-J
For: Violation of R.A. No. 6713

ENGR. PIOLITO SANTOS, CATALINA JAYLO

AND PURA ADVINCULA,
Respondents.
x--------------------------------------------------------x

JOINT POSITION PAPER

RESPONDENTS, by counsel, to this Honorable Ombudsman in

compliance with its Order dated October 29, 2013, copy of which received
on November 15, 2013, respectfully submit this position paper and state
that:

Respondents were charged by Atty. James Santiago, Joseph Sobredilla

and Hector Bombita for violation of Section 7(d) of RA 6713 which reads:

xxx

“Section 7. Prohibited Acts and Transactions – In

addition to acts and omissions of public officials and
employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited
acts and transactions of any public official and
employees and are hereby declared to be unlawful:

xxx

(d) Solicitation or acceptance of gifts. – Public

officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value
from any person in the course of their official duties
or in connection with any operation being regulated
by, or any transaction which may be affected by the
functions of their office.”
x x x
 2

ISSUES TO BE RESOLVED

1. WHETHER RESPONDENTS CONNIVED

AND WORKED TOGETHER TO DEPRIVE
THE AFSISI OF ITS COLLECTIBLES FROM
NFA REGION V.

2. WHETHER RESPONDENT PIOLITO

SANTOS ASKED AND SOLICITED MONEY
FROM MR. JOSEPH SOBREDILLA TO
FACILITATE PAYMENT OF THE AFSISI
COLLECTIBLES.

ARGUMENTS AND DISCUSSIONS

Respondents did not connive

and work together to deprive
AFSISI of its collectible from
NFA Region V.

When respondent Piolito Santos was appointed as OIC Regional

Manager (RM) of the NFA Region V in December 2010, he reviewed the
Contract of Security Services of Advance Forces Security and Investigation
Services (AFSISI), the salient provisions of which reads:

xxx

“III.16. The AGENCY shall assume an exclusive

obligation to pay the mandated wage provided for by laws to
its security guards assigned to NFA under this Contract,
including claims and other compensation as may be legally due
them, and to promptly remit to the agencies the required
contribution of the security guards, such as withholding taxes
on salaries, SSS premiums, Philhealth and the like.

The AGENCY shall submit to the NFA a copy of the

payroll and any other documents evidencing payment of
salaries to the security guards.

In case the AGENCY pays each security guard below the

minimum wage and fails to remit to the proper government
office the required contributions of the security guards, NFA is
hereby authorized to withhold the payment due to the
AGENCY the amount actually paid and the prescribed
minimum wage.”

xxx
 3

IV.1. All payments to the AGENCY shall be made at the

particular NFA Regional/Provincial/District Office where the
security services are rendered subject to NFA’s accounting and
auditing rules and regulations.

Before the release of each payment, the NFA shall require the
AGENCY to submit proof of remittance and receipt of SSS and
Philhealth premium payment of security guard and contribution
to other concerned government agency.”

xxx

(Please see Annex “1”-respondent Santos).

Respondent Santos also attended to the letter dated November 24,

2010 of Capt. Ruben Follosco (Follosco) PN (Ret), VP and General
Manager of AFSISI to Atty. Danilo Bonabon, then NFA Regional Director,
Region V, which he failed to act on before he was transferred to NFA Cebu.

Respondent Santos asked respondent Catalina Jaylo, Supervising

Enforcement and Investigation Officer (Supvg. EIO) to brief him regarding
the unpaid collectibles of AFSISI. Respondent Jaylo explained that the
Accounting Section was not able to process the claim vouchers/billings of
AFSISI because Mr. Joseph Sobredilla, Detachment Commander of AFSISI
Legaspi Office, repeatedly failed to comply with the request to submit the
NFA requirements in support of their claim vouchers/billings before the
Accounting Section could process and forward the same to the Commission
on Audit (COA), Regional Office for pre-audit.

Hence, respondent Santos wrote a letter to Capt. Follosco asking him

to submit the NFA requirements: (a) the proof of premium remittances to
the Social Security System (SSS), (b) Philippine Health Insurance, Inc.
(Philhealth) remittance, (c) Home Development Mutual Fund (Pag-Ibig)
remittance, (d) Billing Summary and Statement of Account so that their
claim vouchers/billings will be processed and paid by NFA. These
requirements are embodied in the Contract of Security Services executed by
AFSISI with NFA Region V.

These NFA requirements are important before the NFA Accounting

Office review and process the vouchers/billings and forward the same to
COA for pre-audit and approval for payment. Incidentally, the pre-audit was
lifted by COA in July 2011.

Instead of submitting the NFA requirements as requested by

respondent Santos, Capt. Follosco filed a complaint dated June 3, 2011 with
NFA Administrator Angelito Banayo for him to intervene and facilitate the
payments of AFSISI collectibles from NFA Region V in the sum of
P13,041,866.03, broken down as follows:
 4

Province Period Covered Amount

Albay July 1, 2010 to April 30, P8,966,204.21
2011
Sorsogo August 1, 2010 to April 2,888,567.85
n 30, 2011
Masbate August 1, 2010 to April 1,187,093.97
30, 2011 and unloading
for the period from April
16-18, 2010 and May 1-
31, 2010
Total P13,041,866.03

Administrator Banayo set a meeting on July 12, 2011 with the NFA
Management Group composed of Atty. Gilberto F. Lauengco, Dir. Lina
Vicente, Mr. Jeremy Regino, Atty. Saturnino R. Rola, Jr., Jose Bulangit,
respondents Santos and Catalina Jaylo and the AFSISI Management Group
composed of Atty. Napoleon Galit, Atty. Rollyne Torio, Epifanio Pinca,
Rod del Valle, Bong Intal and Joseph Sobredilla.

On July 12, 2011, the NFA and AFSISI Management Group met at
the NFA Boardroom and discussed the letter-complaint of Capt. Follosco
vis-à-vis respondent Santos Status/Update letter. After the discussion, the
NFA and AFSISI Management Group agreed that the claim of Capt.
Follosco of P13,041,866.03 was erroneous because he failed to deduct
P644,619.60 earlier paid by NFA. The unpaid account of NFA Region V to
AFSISI should be P12,397,246.43, broken down as follows:

Particulars Amount Percentage

1 Not yet submitted to NFA 6,781,519.70 52%

2 Under process by NFA 3,493,231.50 26%
3 Returned claim vouchers due to 2,203,637.60 17%
absence of supporting documents
4 Checks released 644,619.10 5%
13,123,007.90 100%”

During the NFA and AFSISI

Management Meeting Mr.
Joseph Sobredilla did not
confront respondent Santos that
he asked money to facilitate
payment of their accounts
payable.

During the July 12, 2011 NFA and AFSISI Management Meeting,
Mr. Sobredilla did not raise before the Management Group that respondent
Santos asked money from him on June 30, 2011 during a lunch break at the
main entrance of NFA Albay to facilitate payment of their collectibles from
NFA Region V. However, in his affidavit of witness dated September 14,
 5

2011, Mr Sobredilla belatedly accused respondent Santos of asking money

from him allegedly to facilitate payment of their collectibles.

In his affidavit of witness, Mr. Sobredilla merely alleged in a cavalier

way that respondent Santos asked money from him without presenting any
supporting document, such as the AFSISI security blotter or the affidavit of
Mr. Bombita who is his area commander to the effect that the incident was
relayed to him by Mr. Sobredilla. In other words, no other witness has
corroborated his claim against respondent Santos.

Moreover, Mr. Sobredilla failed to refute the joint affidavit of the

thirty six (36) employees of the Regional and Albay Provincial Offices
marked as Annexes “54” and “55” that he was not seen talking with
respondent Santos on or about lunch time on June 30, 2011, while they
were punching out/punching in their time card at the bundy clock at the
lobby near the stairway, adjacent to the office of the GRECON collector,
Ms. Marilyn B. Arcinue and the Customer Assistance Unit of the NFA
Albay Provincial Office manned by Efren P. Zurbano.

Clearly, the accusation of Mr. Sobredilla that respondent Santos asked

money was debunked by the NFA employees as unfounded and baseless
which is intended to harass and compel respondent Santos to direct
respondent Jaylo to process the supporting claims of AFSISI without
complying with the NFA requirements.

In fact, Mr. Sobredilla admitted during the NFA and AFSISI

Management Group meeting that the collectibles of AFSISI were not
process by respondent Jaylo because their supporting documents were “not
yet submitted to NFA, under process by NFA or returned claim
vouchers due to absence of supporting documents”.

Clearly, Mr. Sobredilla was remiss and negligent in complying with

the NFA requirements. Hence, his complaint against respondent Santos that
Santos asked money from him to facilitate the payment of AFSISI
collectibles is baseless and unfounded to say the least. Mr. Sobredilla’s
admission is reflected in the minutes of the NFA and AFSISI Management
Group meeting which reads:

“Joseph Sobredilla, AFSISI Bicol Region Area Manager

acknowledged that the claims vouchers for Albay covering the
period November 2010 to March 2011 amounting to
P4,261,968.40 were only submitted to Albay Provincial Office
last July 8, 2011, and these claim vouchers are still to be
submitted to NFA Regional Office for processing. For
Sorsogon and Masbate, claim vouchers covering the period
January to April 2011 in the amount of P1,184,619.60 and for
Masbate for the period covering December 2010 to May 2011
in the amount of P788,433.60, respectively are still to be
submitted to NFA Regional Office for processing.
 6

Hence, to facilitate the immediate processing and

release of the PSA’s claims, the following were discussed
and agreed upon:

1. RD Santos committed that once these claim vouchers

will be submitted to NFA R5, same will be processed
immediately but make sure that all the supporting
documents are complete.

2. In case of lack of SG’s proof of premium remittances

for SSS, Philihealth and Pagibig and other supporting
documents, the NFA shall release payment after
deducting from the PSA’s claims the amount
corresponding to SGs premium and/or other lacking
supporting documents. Said amount may be billed and
claimed by the PSA upon submission of SSS,
Philhealth and Pagibig proof of premium remittances
and complete supporting documents.

3. RD Santos committed to conduct meeting with all

Provincial Managers and SEIOs concerning the alleged
difficulty of securing Security Personnel Status Report
(SPSR) and to set a deadline in furnishing said copy to
PSA every 5th day of the succeeding month. PM’s will
be held liable for non-compliance of said report. He
requested that said meeting be attended by
representative from AFSISI.

4. Will require all NFA Provincial Offices in R-5 to

submit status report of claims of AFSISI and same will
be furnished to PSA for monitoring purposes.

5. In case of difficulty of claims for payments on the part

of AFSISI, RD Santos requested PSA to closely
coordinate to the Office of the Regional Director to
thresh out matters at the regional level as we are
making all things possible to pay the PSA on time.

6. AFSISI may propose that payment for security services

rendered may be made at the NFA Provincial Offices
where the security services are rendered.

7. On the difficulty of AFSISI in securing the signatures

of SG’s deployed in Masbate, Mr. Jeremy S. Regino,
consultant to the Administrator, suggested that the PSA
may submit a bank certificate as evidence/proof of
payroll, provided that bank certificate is itemized
reflecting the individual names of SGs. However, he
stressed that the bank certificate cannot substitute as an
affidavit or quitclaim. RD Santos committed to
coordinate the matter with the COA Office of the NFA
Regional Office 5.

8. NFA recommended to AFSISI to prepare a separate

Alpha Lists for SG’s premium remittances for SSS,
 7

Philhealth and Pagibig for all SGs deployed in all NFA

installations in NFA Region 5 and to remit same at the
concerned offices in the Bicol Region for closer
coordination at the said local government offices.

9. NFA also requested AFSISI to be very particular in the

spelling of correct names of all Security Guards. Same
must jibe with names of the SG’s reflected on the
payroll vis-à-vis individual DTR, consolidated DTR
and Alpha Lists for SSS, Philhealth and Pagibig
remittances.

10. AFSISI acknowledged to rectify their inadequacies and

have signified their conformity with the above
propositions.”

xxx

(Please see Annex “12“ respondent Santos)

Instead of complying with the agreement, respondent Santos was

surprised to receive a letter dated July 14, 2011 from Atty. Aurora A.
Salvania, Executive VP of AFSISI demanding the payment of
P12,920,967.42 within a period of 15 days, otherwise, they were going to
pull out their security guards and communication equipment in the Provinces
of Albay, Masbate and Sorsogon.

The claim of Atty. Salvania of P12,920,967.42 is different from what

was agreed on by the NFA and AFSISI Management Group which was
P12,397,246.53 representing the unpaid account of NFA Region V to
AFSISI, subject to compliance of the NFA requirements.

Fact is, long before respondent Santos was appointed as OIC NFA
Regional Manager, Mr. Sobredilla was already encountering problems in
complying with the NFA requirements because he has no bookkeeper to
assist him in compiling and reconciling the supporting documents of their
claim vouchers/billings.

As a former security guard and later detachment commander, Mr.

Sobredilla has no training in the nitty gritty of compiling and reconciling
their supporting documents to their claim vouchers/billings. He merely
relied on his field commanders to do the bookkeeping who, like him, are not
trained to do such kind of work.

On August 10, 2011, the Board of Directors of AFSISI passed a

resolution authorizing Atty. James Santiago to file Anti-Graft complaint
against respondent Santos, Jaylo and Advincula for failure to pay their
collectibles of P12,920,967.42, as of October 11, 2011.
 8

Without conferring with the AFSISI Management Group that attended

the July 12, 2011 meeting with the NFA Management Group, Atty.
Santiago filed his affidavit complaint before the office of the Ombudsman
against respondents Santos, Jaylo and Advincula alleging that:

xxx

“4. The Respondents have, separately and jointly, connived and

worked together to deprive Complainant of payment of its billings
for services rendered as a Security provider for NFA Region V,
and in doing so, have also asked for and solicited a bribe in order
to facilitate such payment. As such, Respondents have violated the
abovementioned laws.

5. Complainant and NFA Region V entered into a Contract of

Security Services based on a competitive bidding process in
February 2010. The Contract was to be effective from 8:00am in
the morning of 16 February 2010 and until 3:00 in the afternoon of
31 December 2012. However, as mentioned before, the
Respondents directly hindered the payment of Complainant’s
billings in order to solicit bribes for the facilitation of such
payments.

5. In the case of Respondent Catalina Jaylo, to whom

complainant’s billings would be forwarded to, and who was
assisted by Respondent Advincula, she would give repeated,
conflicting and piecemeal instructions regarding the processing of
Complainant’s billings, such that the payment of such billings
would be hindered for months on end.

6. For instance, under the Contract of Security Services,

Complainant is only required to submit proof of remittances of
SSS and PhilHealth premiums for Complainant’s security guards.
However, NFA Region V, based on the instructions of
Respondents, also mandated the submission of other requirements,
namely:

x x x

The instant administrative case for violation of section 7(d) RA 6713

arose from the Anti-Graft case filed by Atty. Santiago against respondents
for violation of Section 3(b), 3(e) and 3(f) of the Anti-Graft and Corrupt
Practices Act.

Atty. James Santiago merely

relied on the Affidavit of
Witnesses Joseph Sobredilla
and Hector Bombita

Atty. Santiago has no personal knowledge of the details of the

collectibles of AFSISI from NFA Region V. He merely relied on the letter
of Atty. Salvania that AFSISI had a collectible of P12,920,967.42 as of
October 11, 2011. He did not even attach in his complaint the supporting
 9

receipts or statement of account to substantiate his claim against the NFA.

As a lawyer, Atty. Santiago knows that he has to substantiate his claim with
documents. Fact is, as of September 28, 2011, the amount of P12,
920.967.42 was part of the P13, 556,262.52 that was paid by NFA Region
V to AFSISI as shown below.
ALBAY ACCOUNT:

Period Covered Date OR# Amount

July 1-15, 2010 7/16/2011 1460 645,447.40
July 16-31, 2010 7/16/2011 1461 663,112.82
August 1-15, 2010 7/29/2011 1470 608,785.60
August 16-31, 2010 7/29/2011 1471 608,765.70
September 1-15, 2010 9/16/2011 1486 534,860.19
September 16-30, 2010 9/16/2011 1487 500,691.13
October 1-15, 2010 9/28/2011 1704 469,598.03
October 16-31, 2010 9/28/2011 1705 470,001.20
November 1-15, 2010 9/27/2011 1706 462,369.54
November16-30, 2010 9/28/2011 1707 447,541.68
December 1-15, 2010 9/10/2011 1488 413,401.05
December 16-31, 2010 9/13/2011 1489 377,390.92
January 1-15, 2011 9/28/2011 1708 356,698.44
January 16-31, 2011 9/28/2011 1709 336,449.52
February 1-15, 2011 9/28/2011 1710 347,210.78
February 16-28, 2011 9/28/2011 1711 291,596.15
March 1-15, 2011 9/28/2011 1712 286,425.32
March 16-31, 2011 9/28/2011 1713 299,542.17
April 1-15, 2011 9/28/2011 1714 267,530.41
April 16-30, 2011 9/28/2011 1715 290,144.42
May 1-15, 2011 9/28/2011 1716 271,265.29
May 16-31, 2011 9/28/2011 1717 283,470.94
Total     9,232,298.70

(Please see the NFA Albay Disbursement Vouchers and AFSISI Official
Receipts marked as Annexes “14”, “14-a”, “15”, “15-a”, “16”, “16-a”, “17”, “17-
a”, “18”, “18-a”, “19”, “19-a”, “20”, “20-a”, “21”, “21-a”, “22”, “22-a”, “23”,
“23-a”, “24”, “24-a”, “25”, “25-a”, “26”, “26-a”, “27”, “27-a”, “28”, “28-a”, “28”,
“28-a”, “29”, “29-a”, “30”, “30-a”, “31”, “31-a”, “32”, “32-a”, “33”, “33-a”, “34”,
“34-a”, “35”, and “35-a” of respondent Santos)

SORSOGON ACCOUNT:

Period Covered Date OR # Amount

August 1-15, 2010 7/25/2011 1462 155,870.47
August 16-31, 2010 7/25/2011 1463 160,961.54
September 1-15, 2010 7/25/2011 1464 157,436.83
September 16-30, 2010 7/25/2011 1465 153,831.72
October 1-15, 2010 7/1/2011 1456 156,154.09
October 16-31, 2010 7/1/2011 1457 165,955.79
 10

November 1-15, 2010 7/1/2011 1458 161,370.06

November16-30, 2010 7/1/2011 1459 161,370.06
December 1-15, 2010 7/25/2011 1466 151,406.82
December 16-31, 2010 7/25/2011 1467 161,595.88
January 1-15, 2011 9/7/2011 1478 145,658.25
January 16-31, 2011 9/7/2011 1479 151,088.13
February 1-15, 2011 9/12/2011 1484 153,190.66
February 16-28, 2011 9/12/2011 1485 131,372.92
March 1-15, 2011 9/7/2011 1480 141,891.92
March 16-31, 2011 9/7/2011 1481 151,446.50
April 1-15, 2011 9/28/2011 1500 146,620.03
April 16-30, 2011 9/28/2011 1701 146,252.93
May 1-15, 2011 9/28/2011 1702 141,534.97
May 16-31, 2011 9/28/2011 1703 151,446.49
Total 3,046,456.06

(Please see NFA Sorsogon Disbursement Vouchers and AFSISI Official

Receipts marked as Annexes “36”, “36-a”, “37”, “37-a”, “38”, “38-a”, “39”, “39-
a”, “40”, “40-a”, “41”, “41-a”, “42”, “42-a” “43-a”, “44”, “44-a”, “45”, “45-a”,
“46”, “46-a”, “47”, “47-a”, “48”,“48-a”, “49”, “49-a”, “50”, “50-a”, “51”, “51-a”,
“52”, “52-a”, “53”, “53-a”, “54”, “54-a”, “55”, “55-a” of respondent Santos.)

MASBATE ACCOUNT:

Period Covered Date OR # Amount

August 1-15, 2010 7/25/2011 1468 76,119.63
August 16-31, 2010 7/25/2011 1469 65,970.41
September 1-15, 2010 9/5/2011 1472 63,908.81
September 16-30, 2010 9/5/2011 1473 63,908.81
October 1-15, 2010 9/5/2011 1474 61,847.81
October 16-31, 2010 9/5/2011 1477 65,970.39
November 1-15, 2010 9/5/2011 1475 63,908.86
November16-30, 2010 9/5/2011 1476 63,908.86
December 1-15, 2010 9/12/2011 1482 57,406.88
December 16-31, 2010 9/12/2011 1483 56,138.28
January 1-15, 2011 9/21/2011 1494 61,847.19
January 16-31, 2011 9/21/2011 1495 65,653.25
February 1-15, 2011 9/21/2011 1492 68,473.77
February 16-28, 2011 9/21/2011 1493 58,992.72
March 1-15, 2011 9/21/2011 1491 61,847.19
March 16-31, 2011 9/21/2011 1490 65,970.42
April 1-15, 2011 9/21/2011 1496 63,908.03
April 16-30, 2011 9/21/2011 1497 63,908.81
May 1-15, 2011 9/21/2011 1498 61,847.24
May 16-31, 2011 9/21/2011 1499 65,970.40
Total     1,277,507.76
 11

(Please see NFA Masbate Disbursement Vouchers and AFSISI Official

Receipts marked as Annexes “56”, “56-a”, “57”, “57-a”, “58”, “58-a”, “59”, “59-
a”, “60”, “60-a”, “61”, “61-a”, “62”, “62-a” “63-a”, “64”, “64-a”, “65”, “65-a”,
“66”, “66-a”, “67”, “67-a”, “68”, “68-a”, “69”, “69-a”, “70”, “70-a”, “71”, “71-a”,
“72”, “72-a” “73-a”, “74”, “74-a”, “75”, “75-a” of respondent Santos.)

Summary of Payments:

1. Albay P9,232,298.70

2. Sorsogon P3,046,456.06

3. Masbate P1,277,507.76

TOTAL P13,556,262.52

In addition thereto, NFA Region V paid the continuing monthly

billings of AFSISI from September 28, 2011 up to November 24, 2011,
after they have complied with the NFA requirements:

ALBAY ACCOUNT:

Period Covered Date OR# Amount

June 1-15, 2011 11/25/2011 1731 302,224.93
June 16-30, 2011 11/25/2011 1732 348,667.52
July 1-15, 2011 11/25/2011 1733 351,277.87
July 16-22, 2011 11/25/2011 1734 150,096.38
 TOTAL     P1,152,266.70

(Please see NFA Albay Disbursement Vouchers and AFSISI Official

Receipts marked as Annexes “76”, “76-a”, “77”, “77-a”, “78”, “78-a”, “79”, and
“79-a” of respondent Santos.)

SORSOGON ACCOUNT;

Period Covered Date OR # Amount

June 1-15, 2011 10/21/2011 1727 146,580.68
June 16-30, 2011 10/21/2011 1728 146,621.66
July 1-15, 2011 10/21/2011 1729 141,893.52
July 16-22, 2011 10/21/2011 1730 63,908.72
 TOTAL P499,004.58

(Please see the NFA Sorsogon Disbursement Vouchers and AFSISI Official
Receipts marked as Annexes “80”, “80-a”, “81”, “81-a”, “82”, “82-a”, “83”, and
“83-a” of respondent Santos.)

MASBATE ACCOUNT;

Period Covered Date OR # Amount

 12

June 1-15, 2011 10/6/2011 1718 63,908.86

June 16-30, 2011 10/6/2011 1719 63,908.86
TOTAL   P127,817.72

(Please see NFA Masbate Disbursement Vouchers and AFSISI Official

Receipts marked as Annexes “84”, “84-a”, “85”, “85-a” of respondent Santos.)

Summary of Payments

1. Albay P1,152,266.70

2. Sorsogon 499,004.58

3. Masbate 127,817.72

TOTAL P1,779,089.00

If ever there was delay in the processing of the vouchers/billings of

AFSISI, such delay was due to the fault of Mr. Sobredilla as he admitted
during July 12, 2011 of the NFA and AFSISI Management Group Meeting
because of his failure to “submit to NFA, under process by NFA or
returned claim vouchers due to absence of supporting documents”.
Mr. Bombita in his affidavit of witness alleged that respondent Jaylo;

“3.23 Ms. Catalina Jaylo returned all of our billings to us

because one page out of the several pages contained in the
attachment did not bear the signature of the security guard,
detachment commander or area commander, but which was
clearly only inadvertence on our part considering that all the
other pages were signed. She also stated that the Consolidated
Security Guard DTR did not contain the total number of
hours worked by a security guard, but which could have
easily been verified considering that the individual number of
hours worked by security guard was already listed therein.
Likewise, Ms. Catalina Jaylo told us that the billings we
submitted could not be processed because of misspelled
names in our payrolls and thus were not consistent with the
names in the SSS proof of remittances. This , too, could
have easily been verified considering that the daily time
records and the SSS remittances contain the same spelling of
the security guards.”

xxx
Simply stated, what Mr. Bombita wants respondent Jaylo to do is to
process the supporting documents of the claim vouchers/billings of
AFSISI:
1. Even without the signatures of the security
guards, detachment commander or area
commander.
 13

2. Even if the DTR of security guards does not

indicate the correct total number of hours worked
by the security guards.

3. Even if the names of the security guards in the

payroll are misspelled and does not correspond
with the names in their SSS remittances.
Mr. Bombita forgot that tampering the document is a crime and the
same is punishable under the law.

The AFSISI has a record of

failing to comply with the
NFA requirements

Precisely, during the incumbency of then NFA Regional Director

Danilo Bonabon, he wrote a letter to Capt. Follosco as follows:

x x x

We are furnishing you with the letter of Ms. Mylene D. Del PIlar,
Audit Team Leader, Commission on Audit, National Food Authority,
regional Office 5, Legazpi City relative to their findings in the course of
their pre-audit of the attached Disbursement Voucher No. 10101257 for
the security services rendered at National Food Authority Masbate
Provincial Office for the period February 16-28, 2010

In view thereof, please submit the following documents as mentioned:

1. Original copy of payroll covering the period Feb. 16-

28, 2010 with the corresponding signature of your
Agency’s preparer, auditor, approving officer and the
Security Guards concerned

2. Certified true copy of the following for the month of

February 2010:

2.1. PAG-IBIG Fund Receipt and supporting list

2.2. SSS Contributions Payment and supporting list
2.3. PHILHEALTH Official Receipt and supporting
list

3. Original copy of Schedule of Guards or Guard Details

for the period covered February 16-28, 2010.”

Likewise, kindly make sure that corrections made on the Security

Guards’ DTR are countersigned by the authorized signatory. Moreover,
the Security Guards’ DTR and individual DTRs must bear the same
signature.

Your immediate compliance will facilitate release of your claims. “

 14

xxx

(Please see Annex “1” of respondent Jaylo.)

The letter of Ms. Mylene Del Pilar, Audit Team Leader, COA Region V
reads:
xxx

“We are returning the Undated Disbursement Voucher No.

10101257 and related supporting documents to payment for
security services rendered at National Food Authority Masbate
Provincial Office for the period February 16-28, 2010 amounting
to FORTY EIGHT THOUSAND FIVE HUNDRED FORTY
FIVE PESOS & 97/100 (P48,545.97), in view of the following
deficiencies/inconsistencies:

1. Original copy of payroll duly signed by authorized

personnel;
(attached is a photocopy of payroll that lacks the
signature of the agency’s preparer, auditor & approving
officer)
2. Certified true copy of the following (attached are
photocopies of a certified true copy):
2.1. PAG-IBIG Fund Receipt and supporting list
2.2. SSS Contributions Payment and supporting list
2.3. PHILHEALTH Official Receipt and supporting
list
3. Original copy of Schedule of Guards or Guard Details;
(Attached is uncertified photocopy);
4. Certified true copy of Contract for Security Services
(attached is uncertified photocopy while the original
contract is on file);
5. Approved Security Management Plan NFA RO5 Lot 2
showed ten (10) guards while security payroll attached
to claim showed eleven (11);
6. Remittance of mandatory deductions (SSS, HDMF.
PHIC) for Arnel Garganta;
7. Correction in the “time out” not duly countersigned by
authorized signatory as shown in the individual DTR of
Sgds. Despi & Baldia, Sr.
8. Statement of Account No. 1943 lacking signature of
approving officer;
9. Signature of SG Renato C. Bartolabac in the
consolidated DTR differed with that shown in the
individual DTR;

Further, pursuant to Section 3.1.1 of COA Circular No.

2009-001 dtd. February 12, 2009 contracts and each of all
the documents forming part thereof by reference or
incorporation should have been submitted within five (5)
working days from its execution to the Auditor.”

xxx

(Please see Annex “2” of respondent Jaylo.)

 15

It is rather regrettable that despite their own lapses in complying with

the NFA requirements, Messers. Sobredilla and Bombita has the temerity to
file the complaint against respondents Santos, Jaylo and Advincula. In fact,
Mr. Sobredilla admitted his failure to comply with NFA requirements
because he has “not yet submitted to NFA, under process by NFA or
returned claim vouchers due to absence of supporting documents”.

However, in filing the administrative complaint against respondents

Santos and Jaylo, Messrs Sobredilla and Bombita did not include
respondent Pura Advincula. Only Atty. Santiago filed the complaint against
respondent Advincula who is a mere NFA account analyst with salary grade
11. She merely assists respondent Jaylo in double checking/reviewing the
voluminous supporting documents submitted by AFSISI. She cannot in
anyway delay the payment of AFSISI collectibles.

To sum it all, Atty. Santiago and Messrs. Sobredilla and Bombita find
it more easy and convenient to file the instant Administrative and criminal
complaints before the office of the Ombudsman than to comply with the
NFA requirements.

On August 8, 2013 respondents Santos, Jaylo and Advincula received

an Order dated January 11, 2012 in OMB-L-A-0662-J entitled “Advance
Forces Security And Investigation Services, Inc. vs. Piolito Santos, et
al.” for Violation of R.A. No. 6713 dismissing the Motion for Preventive
Suspension filed by Atty. Santiago which reads:
xxx

“We find no merit in the motion.

Section 24 of Republic Act No. 6770 provides that a public

officer or employee may be preventively suspended pending an
investigation when the evidence against him is strong and any
one of the following circumstances is present:

(a) The charge against such officer or employee involves

dishonesty, grave misconduct, oppression or neglect in
the performance of duty;

(b) The charge would warrant removal from the service; or

(c) The respondent’s continued stay in office may

prejudice the case filed against him.

In the instant case, evidence attached to the complaint

failed to preliminarily establish that the evidence of
respondents’ guilt is strong.

We note that under Section III.16 of the Contract of

Security Services, it is provided that:

“The AGENCY shall assume an exclusive

obligation to pay the mandated wage provided for
 16

by laws to its security guards assigned to NFA

under this Contract, including claims and other
compensation as may be legally due them, and to
promptly remit to the proper agencies the required
contribution of the security guards, such as
withholding taxes on salaries, SSS premiums,
Philhealth and the like.

The AGENCY shall submit to the NFA a copy

of the payroll and any other documents evidencing
payment of salaries to the security guards.

In case the AGENCY pays each security guard

below minimum wage and fails to remit to the
proper government offices the required
contributions of the security guards, the NFA is
hereby authorized to withhold the payment due to
the AGENCY the amount actually paid and the
prescribed minimum wage.”

Article IV.1, also of the said contract further provides that:

“All payments to the AGENCY shall be made at

the particular NFS Regional/Provincial District
Officer where the security services are rendered
subject to NFA’s accounting and auditing rules and
regulations.

Before the release of each payment, the NFA

shall require the AGENCY to submit proof of
remittance and receipt of SSS and Philhealth
premium payment of security guard and
contribution to other concerned government
agency.”

As can be gleaned from the foregoing, it is clear that not

only are the payments to complainant agency contingent on its
(proof of ) remittance of premiums to the SSS, Philhealth, etc.,
it is likewise subject to existing government accounting rules
and procedures.

We are not, therefore, convinced, as no proof thereof was

adduced that the so-called “additional” documents required by
respondent Jaylo and/or respondent Advincula are actually not
necessary for the release of payment to complainant agency.

Anent the allegation regarding the solicitation of

respondent Santos, we only have the statement of Mr. Joseph
Sobredilla in attestation of the same. No other witness has
corroborated the claim against respondent Santos. While We
recognize that such illicit is mostly kept hidden, We are also
aware that accusations of such nature are easily conceived.

Thus, we are at this point wary to declare that Mr.

Sobredilla’s statement alone is persuasive enough to convince
us of the guilt of respondent Santos and to place him under
 17

preventive suspension. We opine that the charge against him is

best left to the full adjudication of this case on the merits.

WHEREFORE, premises considered, complainant’s motion

for the preventive suspension of respondents PIOLITO
SANTOS, CATALINA JAYLO and PURA ADVINCULA is
hereby DENIED for lack of merit.

SO ORDERED.”
xxx

(Please Annex “92”of Respondent Santos).

WHEREFORE, it is respectfully prayed of the Honorable

Ombudsman that the instant administrative complaint be dismissed for lack
of merit because at the time Atty. James Santiago and Messrs. Hector
Bombita and Joseph Sobredilla filed the instant complaint demanding the
payment of P12,920.967.42 representing AFSISI collectibles as of October
11, 2011, the same was already part of the amount paid as of September 28,
2011.

Quezon City, November 25, 2013.

GAVINO L. BARLIN
Counsel for Respondents
2nd Floor, Puno Building
336 Roosevelt Avenue
SFDM, Quezon City
Tel. No. (02) 372-2331/32
Roll No. 26754
MCLE Compliance No. IV-0009515
Issued on 11/26/2012 at Pasig City
PTR No. 7551950, 01/04/2013, Q.C.
IBP No. 919838, 01/25/2013, Q.C.
Sorsogon Chapter

VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
 18

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY )S.S.

We, Piolito S. Santos, Catalina D. Jaylo and Pura B. Advincula,

all of legal age, under oath do hereby depose and say, that:

We are the respondents in the above-entitled case; we have caused the

preparation of this Position Paper; we have read its contents and the same are
true of our own personal knowledge and based on authentic records and
documents.

We hereby state that we have not filed any similar case involving the
same subject matter of this case before any other court of justice or
government office, and that none is pending before any court of justice or
government office. That if later on it will come to our knowledge that there
is another case involving the same subject matter pending before other courts
of justice or government office, we shall immediately inform this court
within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, we hereby affix our signatures this ___

day of December, 2013 in Quezon City.

PIOLITO C. SANTOS
Affiant

CATALINA D. JAYLO PURA B. ADVINCULA

Affiant Affiant

SUBSCRIBED AND SWORN to before me this __ th day of

December 2013. Affiants exhibited to me:

a. Piolito C. Santos with his GSIS ID No. CRN-006-0010-4751-6;

b. Catalina D. Jaylo with her GSIS ID No. 006-0120-9276-7; and
c. Pura B. Advincula with her Driver’s License No. EO9-99-
007678 to expire on March 3, 2014.

NOTARY PUBLIC

Doc. No.____;
 19

Page No.____;
Book No.____;
Series of 2013.

Copy furnished:

ATTY. JAMES SANTIAGO

ADVANCE FORCES SECURITY
& INVESTIGATION SERVICES, INC.
2/F, EU State Tower
30 Quezon Avenue, Quezon City

EXPLANATION

Due to lack of manpower, there being other equally important

pleadings that have to be served at the soonest possible time, the messenger
could not accomplish personal service thereof.

GAVINO L. BARLIN