EXECUTIVE SUMMARY

GENELLYN C. DELA CRUZ Administrative Case No. __________

- versus - For:

NOEL BABARAN UNPROFESSIONAL OR

DISHONORABLE CONDUCT

I. VERSION OF COMPLAINANT

Avelino Ramos y Gregorio, the private complainant, alleged that on January 27,
2021, he and respondents agreed on a re-survey over a parcel of land at Purok 6,
Caliguian, Isabela. It was found out that a certain portion of the lot belonged to the
private complainant thus, concrete monuments (mohon) were placed in the boundaries
of the parties.

On February 13, 2021, private complainant went to the lot to erect a fence made
of bamboo. He coordinated with the barangay officials and requested for assistance but
when they were about to start, respondents went near them and prevented them from
putting up the fence saying “Uray nu agalad-alad kayo, basta haan kayo agdissu ditoy”
(EVEN IF YOU BUILD A FENCE, AS LONG AS YOU DO NOT STAY HERE). Private
complainants later learned on that respondents removed the concrete monuments
(mohon) positioned by the engineer and placed them somewhere else.

II. VERSION OF THE ACCUSED

The accused denied the charge against him claiming that private complainant
instituted the case merely to harass him.

According to the accused, the lot in question was bought by his father from
private complainant’s father, Melanio Ramos, and they have been in possession
thereof for more than sixty (60) years. Since then up to present, they have been
paying the real property tax over the property and it is only now that the private
complainant suddenly started to contest their possession and ownership.

III. LEGAL BASIS OF THE FILING OF INFORMATION

1. Section 2 (e) and (u) and of DepEd Order No. 49 series 2006.

Supervising Lawyer: Atty. Carina P. Pajarillo

Law Student Practitioners: Jennifer O. Arcadio & Charlene Joy B. Quintos

Date Prepared: 22 August 2022

 EXECUTIVE SUMMARY

Section 2. Ground for Disciplinary Action – An administrative

complaint may be filed for any of the following grounds for disciplinary action:

a. xxx
b. Disgraceful and immoral conduct
c. xxx
u. Lending money at usurious rates of interest
v.xxx

IV. ELEMENTS OF UNJUST VEXATION

The elements of unjust vexation are:

1. There is human conduct that unjustly annoys or irritates another person;

2. Such human conduct was not attended with violence;

3. Such human conduct caused annoyance, irritation, torment, distress or disturbance to the
mind of the person to whom it is directed; and

4. Offender acted with criminal intent

V. CHRONOLOGY OF EVENTS

 4 JANUARY 2022

The Office of the Provincial Prosecutor issued a Subpoena to Respondents

Vicente Bautista and Arsenia Corpuz for Grave Coercion docketed as NPS Docket No. II-
04-INV-22A-00031, directing the respondents to submit their counter-affidavit with ten
(10) days from receipt of the complaint.

 12 JANUARY 2022

Respondents received a copy of the Order of the Office of the Provincial

Prosecutor dated 4 January 2022.

 18 JANUARY 2022

Respondents filed a Motion for Extension of Time to File Counter-Affidavit.

Supervising Lawyer: Atty. Carina P. Pajarillo

Law Student Practitioners: Jennifer O. Arcadio & Charlene Joy B. Quintos

Date Prepared: 22 August 2022

 EXECUTIVE SUMMARY

 24 JANUARY 2022

Respondents, Vicente Bautista and Arsenia Corpuz, filed a Joint Counter-

Affidavit.

 14 FEBRUARY 2022

A Resolution was issued by the Office of the Provincial Prosecutor recommending

that an Information be filed in the proper court against VICENTE BAUTISTA as
defined and penalized under paragraph 2, Article 287 of the Revised Penal Code

 8 MARCH 2022

The Office of the Provincial Prosecutor transmitted the Information to the 11 th

Municipal Circuit Trial Court of Gamu-Burgos, Isabela.

“ That on or about the 17 th day of February 2021, in the Municipality of Burgos,

Province of Isabela and within the jurisdiction of this Honorable Court, the said accused
VICENTE BAUTISTA, did, then and there willfully, unlawfully and feloniously, uttered the
words “Uray nu agalad-alad kayo, basta haan kayo agdissu ditoy” (EVEN IF YOU BUILD A
FENCE, AS LONG AS YOU DO NOT STAY HERE) to AVELINO RAMOS y GREGORIO,
which unjustifiably annoyed or vexed, caused annoyance, irritation, torment, distress, or
disturbance to the mind of the private complainant, to his damage and prejudice.”

 16 MARCH 2022

A subpoena was issued by the Court to Mr. Vicente Bautista commanding him to
appear in the 11th Municipal Circuit Trial Court of Gamu-Burgos, Isabela on the 1 st day of
April 2022 at 8:30 o’clock in the morning for Arraignment and Pre-trial.

 1 APRIL 2022

The 11th Municipal Circuit Trial Court of Gamu-Burgos issued an Order resetting the
arraignment of the accused and pre-trial conference on 22 April 2022 since Mr. Vicente
Bautista was not represented by a counsel. He was also directed to secure the services of a
counsel of his own choice.

 22 APRIL 2022

Supervising Lawyer: Atty. Carina P. Pajarillo

Law Student Practitioners: Jennifer O. Arcadio & Charlene Joy B. Quintos

Date Prepared: 22 August 2022

 EXECUTIVE SUMMARY

The 11th Municipal Circuit Trial Court of Gamu-Burgos issued an Order issuing a
Warrant of Arrest against Mr. Vicente Bautista for not attending the arraignment and pre-
trial scheduled that date and an amount of One Thousand Pesos (Php 1,000) was fixed by
the Court for his provisional liberty.

 4 MAY 2022

A subpoena was issued by the Court to Mr. Vicente Bautista commanding him to
appear in the 11th Municipal Circuit Trial Court of Gamu-Burgos, Isabela on the 13 th day of
May 2022 at 8:30 o’clock in the morning for Arraignment and Pre-trial.

 4 MAY 2022

An order of release was issued by the Court to Mr. Vicente Bautista who has posted
a bail bond for non-appearance on the scheduled Arraignment and Pre-trial dated 22 April
2022.

 13 MAY 2022

The 11th Municipal Circuit Trial Court of Gamu-Burgos issued an Order resetting the
arraignment of the accused and pre-trial conference on 10 June 2022 since Mr. Vicente
Bautista was not represented by a counsel. He was also directed to secure the services of a
counsel from the Provincial Legal Office, Provincial Capitol, Ilagan City, Isabela.

 16 MAY 2022

The Integrated Bar of the Philippines Isabela Chapter referred the case of Mr.
Vicente Bautista with Criminal Case No. 1411-2022 for Unjust Vexation.

 10 JUNE 2022

The 11th Municipal Circuit Trial Court of Gamu-Burgos issued an Order resetting the
arraignment of the accused and pre-trial conference on 15 July 2022 acting on the oral
manifestation of Atty. Carina P. Pajarillo, counsel for the Accused, that they be given time to
study the records of the case since it is their first time to go over the records of the case.

 15 JULY 2022

Supervising Lawyer: Atty. Carina P. Pajarillo

Law Student Practitioners: Jennifer O. Arcadio & Charlene Joy B. Quintos

Date Prepared: 22 August 2022

 EXECUTIVE SUMMARY

Arraignment and Pre-Trial Conference was conducted.

VI. SUBSEQUENT TRIAL DATES

Presentation of Witnesses for the Prosecution:

2 September 2022
9 September 2022
16 September 2022
23 September 2022
30 September 2022

Presentation of Witnesses for the Defense:

7 October 2022
14 October 2022
21 October 2022

Prepared by:

JENNIFER O. ARCADIO
Law Student Practitioner
Level 2 Certification No. DCA Luz-I-2022-013
March 9, 2022; Manila, Philippines

Supervising Lawyer: Atty. Carina P. Pajarillo

Law Student Practitioners: Jennifer O. Arcadio & Charlene Joy B. Quintos

Date Prepared: 22 August 2022

 EXECUTIVE SUMMARY
CHARLENE JOY B. QUINTOS
Law Student Practitioner
Level 2 Certification No. DCA Luz-I-2022-017
March 9, 2022; Manila, Philippines

Supervising Lawyer: Atty. Carina P. Pajarillo

Law Student Practitioners: Jennifer O. Arcadio & Charlene Joy B. Quintos

Date Prepared: 22 August 2022