Republic of the Philippines

PROFESSIONAL REGULATORY BOARD

P. Paredes Street corner Morayta Street,
Sampaloc, Manila

CALAPAN LABOR SERVICE DEVELOPMENT

COOPERATIVE (CALSEDECO)

Represented by:
MR. MANUEL T. CUBOS
Petitioner,

-versus-
Case No. 2403
For: Unprofessional and/or
Dishonorable Conduct

JOYLA C. ZARA,
Respondent,
x-----------------------------------------------------------------------------------------------x

POSITION PAPER FOR THE COMPLAINANT

Petitioner, thru the undersigned counsel and unto this Honorable Board most
respectfully alleges the following:

PREFATORY

It is worthy of noting in this case, that respondent did not even heed the
processes of this Honorable Board to respond to the complaint. Instead of
explaining herself to this Honorable Board, respondent unjustly ignored the
summons as if nothing happened. This is a clear case of insubordination. This kind
of situation should not be tolerated otherwise respect for public service will soon
be a thing of the past.

This is another case of a civil servant who does not mind being summoned
by a court of law and ignore it anyway. She has been ordered to appear before a
Municipal Trial Court but did not mind to be present thereat. As we have
manifested, she was also summoned by this Honorable Board but she still
ignored the processes of this august office. This circumstance alone will define
the character of the respondent in this case. Her propensity in ignoring simple and
reasonable instructions from superiors exemplifies flagrant insubordination of the
highest order.

“Practice what you preach”. Even before overseas Filipino workers were
called modern day heroes, teachers were already hailed as such due to the nature of
their job not to mention the dedication it requires from them. Needless to state,
teachers play significant role in shaping the life of the pupils under their care. But
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the sad truth is: not all teachers are worth emulating because there are some
members of the academe who take advantage of their stature to exploit others. The
case at hand is a classic story of a notorious member of the academe (with all due
respect) who is perennial in borrowing money from numerous institutions but has
the propensity of sidestepping every demand for payment by her creditors
including herein petitioner.

At first glimpse, this case would seem to be just another story of a creditor who is
trying to collect his money. However, it must be pointed out that petitioner does
not wish to collect from the respondent via this proceeding. For the information
of this Honorable Board, petitioner had already filed a collection suit against the
respondent and in fact, respondent was ordered by the court to pay the herein
petitioner but Ms. Zoleta did not even bother to comply with the decision of the
court.

Teachers are like second parents. For years, they shape our minds and help us to
recognize our talents and goals. To some teachers, it is nothing but a job that pays
the bills. But to others, it is their life. Between junior high and high school I have
had thirty-six different teachers. Some people believe that the teachers’ primary
role is to teach children to behave and to judge what is right and wrong. But on the
other hand, teachers play the role of second parents to the pupils. It is they who
correct the pupils if something went wrong like what they do on their own
children. The teachers also play significant role in shaping the life of the pupils
under their care.

BRIEF STATEMENT OF FACTS

Petitioner, Calapan Labor Service Development Cooperative

(CALSEDECO), is a bona fide cooperative created under the laws of the
Philippines with principal office at San Antonio, Calapan City, Oriental Mindoro
while respondent is a professional teacher presently practising at Calumpang East,
Elementary School where she is designated as Public School Teacher. Petitioner is
being represented herein by MR. MANUEL T. CUBOS as its attorney in fact;
[Attached hereto is a copy Board Resolution No. 68s – 2018 sanctioning the filing
of the present petition and appointing the Attorney in Fact and Secretary’s
Certificate marked as Annexes “A” and “A-1” respectively].

Apart from being a service provider in the port of Calapan City and other ports in
the province of Oriental Mindoro, petitioner is also engage in lending to its bona
fide members. On August 19, 2013 petitioner and respondent, JOYLA C. ZARA,
entered into a “Kasulatan ng Pangungutang” or “Loan Contract” wherein the latter
has applied for a loan in the amount of (P100, 000.00) One Hundred Thousand
Pesos which was granted by the petitoner;

As per contract, respondent Abratique promised to pay the loan within (1) one year
upon signing thereof she obliged herself to pay same on monthly instalments.
[Attached hereto is a copy of the Loan Application/Agreement Form, Loan Release

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Voucher and Memorandum of Agreement marked as Annexes “B”, “C”, and “D”
“D-1”; “D-2” respectively].

Unfortunately, respondent failed to pay several monthly instalments despite they

have become overdue. Thus, on April 25, 2014 pursuant to the acceleration clause
contained in the contract, petitioner sent a collection letter to respondent, which
she accepted and signed. [Attached hereto is a copy of collection letter marked as
Annex E].

Consequently, respondent did not heed our request and in fact, they (including the
co-makers) even had the temerity to deceive the petitioner by presenting false
ATM cards (Veterans ATM CARD), instead of the official ATM Card issued by
the DEPED or its authorized agency to which their monthly salaries are being
coursed thru/or deposited and from which the petitioner could withdraw to apply
the same for the payment of their loans. Thus, by presenting false ATM Cards,
petitioner was lured into believing to the false idea that it could withdraw
therefrom; [Attached hereto is a copy of the Sinumpaang Salaysay wherein
respondent’s confession marked as Annexes “F” and “F-1” respectively].

Thus, petitioner was constrained to engage the services of Atty. Joseph Ryan C.
Apasan to assist them on the matter. Accordingly, final demand letters were sent
and personally served upon respondent as well as her co-makers which are hereto
attached and marked as Annex “G” to Annex “L”. To this date, respondent’s
indebtedness has already ballooned to (P238, 883.06) (inclusive of interest and
penalties). However, respondent still failed to pay and continuously refuse to pay
despite numerous demands. [Attached hereto is a copy of Statement of Account
marked as Annex “M”, “M-1”].

On December 12, 2017, a small claims case has been filed against herein
respondent with the Municipal Trial Court in Cities in Calapan City, Oriental
Mindoro. However, respondent ignored the summons issued by the court for her to
answer. Thereafter, a decision was rendered directing the respondent to pay
however, respondent has not been moved despite the court order; [Attached hereto
is a copy of DECISION from Honorable Court marked as Annexes “N”, “N-1”,
“N-2” and a copy of Order marked as Annex “O” respectively].

Thus, petitioner seeks the intervention of this august body to cancel respondent’s
license because her conduct is obviously unbecoming of a public teacher, which
cast dishonor to her profession. For several years, respondent had succeeded in
sidestepping all attempts by petitioner to satisfy her debts and her conduct in
wittingly circumventing her obligations reflects her detestable behavior that is
prejudicial to the teaching profession. Under Republic Act No. 7836, this
Honorable Board has the exclusive authority to revoke respondent’s license to wit:
“Sec. 23. Revocation of the Certificate of Registration, Suspension from
the Practice of the Teaching Profession, and Cancellation of Temporary or
Special Permit. — The Board shall have the power, after due notice and
hearing, to suspend or revoke the certificate of registration of any

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 registrant, to reprimand or to cancel the temporary/special permit of a
holder thereof who is exempt from registration, for any of the following
causes:
(a) Conviction for any criminal offense by a court of competent
jurisdiction;
(b) Immoral, unprofessional or dishonorable conduct;”

Moreover, it is well to point out that as a professional teacher, respondent took an

oath and is therefore duty bound to always adhere to the Code of Ethics. In the
same vein, it pays to remind the respondent that a teacher is enjoined to maintain
his good reputation with reference to the settlement of his debts to wit:

Section 2. A teacher shall maintain a good reputation with respect to

financial matters such as in the settlement of his debts and loans in
arranging satisfactorily his private financial affairs.” [Code of Ethics for
Professional Teachers, Article 10]

Regrettably, instead of settling her indebtedness respondent had devised ways and
means to avoid her obligations. Notwithstanding the decision of the Honorable
Court, she intentionally ignored the same. Hence, she is not fit to continue
practising her profession.

Wherefore premises considered, it is most respectfully prayed of this

Honorable Board that the respondent be stripped of her license to practice her
profession as a teacher.

Other reliefs just and equitable under the premises are likewise prayed for.

December 13, 2021

Calapan City, Oriental Mindoro

ATTY. JOSEPH RYAN C. APASAN

Counsel for Petitioner
IBP OR No. 134859
PTR No. 10389162/ Calapan City/ 1-5-2021
IBP Roll No. 56968
MCLE Compliance No. VI-0001337/12-12-16
352 Gozar Street, Camilmil, Calapan City, Oriental Mindoro

NOTICE

Professional Regulatory Board

Good day! Please submit the foregoing upon receipt hereof for the
Honorable Board’s consideration. Thank you.

JOSEPH RYAN C. APASAN

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Explanation: Copy of this petition was served upon the respondents thru registered
mail due to distance and lack of personnel of this office to effect personal service.

JOSEPH RYAN C. APASAN