Republic of the Philippines

Department of Education
Region X
Schools Division of Lanao del Norte

JOLIET T. MANALAO, For: Grave Misconduct

Complainant,

-versus-

HAZEL J. ESLAO,
Respondent.
x----------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, JOLIET T. MANALAO, Filipino, of legal age, married, and resident

of Brgy. Poblacion, Kolambugan, Lanao del Norte, after having sworn to an oath
in accordance with law, do hereby declare that:

1. I am a teacher by profession, with the position of Teacher III

assigned at ALS, Kolambugan District, Kolambugan, Lanao del Norte.

2. I am formally charging HAZEL J. ESLAO (“Eslao” for brevity)

with an administrative case for GRAVE MISCONDUCT, committed as follows:

a) Sometime on October 19, 2023, the ALS learners went to the

training center for our activity and signed the attendance sheet.

b) After the completion of the said activity, we were given five

(5) days to liquidate our expenses and make a report.

c) As I was doing my due diligence in the task assigned to me

as liquidating incharge, I noticed some discrepancy in the Attendance
Sheet & Completion Travel signed by the learners who attended our
activity and the signature that appeared in the payroll for the students of
Eslao, which payroll signatures seemed to be signed by one person.

1
 d) Concerned about the implications of these differing
signatures, especially in light of my task as the liquidating incharge, I
called out Eslao and asked her about the signatures and how the ones in
the payroll seemed to have been signed by one person.

e) However, sometime on November 13, 2023, instead of

speaking to me with respect as I did, and as colleagues in the same
profession, Eslao attacked me in my classroom while I was there with my
adult learners.

f) Eslao shouted at me, and even when I tried to avoid having

an improper and unprofessional confrontation with her, by closing the
door of my classroom as she attempted to come inside, Eslao shouted and
told my students, “pasensya na mo sa inyo maestra kay ga menopausal
na sya”, to which I felt disrespect and shame.

g) Thus, on November 14, 2023, I reported the incident to

Kolambugan Municipal Police Station.1

3. In Office of the Ombudsman, et. al. v. Espina, G.R. No.

213500, March 15, 2017, the Supreme Court defined misconduct as
“wrongful, improper or unlawful conduct motivated by a
premeditated, obstinate or intentional purpose.” Accordingly, it is
“intentional wrongdoing or deliberate violation of a rule of law or
standard of behavior”; “a transgression of some established and
definite rule of action, more particularly, unlawful behavior or gross
negligence by a public officer.”

4. In the same case, the Court distinguished the two (2) types of
misconduct, thus:

There are two (2) types of misconduct, namely: grave

misconduct and simple misconduct. In grave
misconduct, as distinguished from simple misconduct,
the elements of corruption, clear intent to
violate the law, or flagrant disregard of an
established rule must be manifest. Without any of

1
Attached hereto is a copy of the Police Blotter dated November 14, 2023.

2
 these elements, the transgression of an established rule
is properly characterized as simple misconduct only.

5. Eslao’s grave misconduct is clear from the following circumstances:

a) She attacked me while I was performing my duties as ALS

Teacher. Thus, she is liable for Direct Assault. Article 148 of the
same law, provides that, any person who, xxx shall attack,
employ force, or seriously intimidate or resist any person in
authority or any of his agents, while engaged in the
performance of his duties, or on occasion of such performance
shall be guilty of the crime of Direct Assault. In Article 152 of
the Revised Penal Code, as amended, it is provided that, any
person directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental
corporation, board or commission, shall be deemed a person
in authority. xxx. In applying the provisions of Articles 148 and 151 of
this Code, teacher, professors and persons charged with the
supervision of public or duly recognized private schools,
colleges and universities, and lawyers in the actual
performance of their professional duties or on occasion of
such performance, shall be deemed persons in authority.

b) Her acts of failing to conduct herself in a professional

manner, committing unprovoked violence towards a fellow teacher in the
presence of learners, constitute a violation of Section 1, Article V of
the Code of Ethics for Professional Teachers, which provides that,
“Teachers shall, at all times, be imbued with the spirit of professional
loyalty, mutual confidence, and faith in one another, self-sacrifice for the
common good; and full cooperation with colleagues. When the best
interest of the learners, the school, or the profession is at stake in any
controversy, teachers shall support one another.”

c) Her intent to violate the law (Article 148 in relation to

Article 152, of the Revised Penal Code, as amended) and the rule
of conduct (Section 1, Article V of the Code of Ethics for
Professional Teachers) is clear from her attacking me in the presence
of learners with intent to humiliate me.

3
 6. For purposes of this complaint-affidavit, respondent HAZEL J.
ESLAO can be subpoenaed at Titunod, Kolambugan, LANAO DEL NORTE;

7. I am executing this Complaint-Affidavit to attest to the truth of the

foregoing statements and for the purpose of charging the respondents with an
administrative case for GRAVE MISCONDUCT.

IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of

January 2023 at Kolambugan, Lanao del Norte, Philippines.

JOLIET T. MANALAO
Complainant

SUBSCRIBED AND SWORN to before me this 15th day of January 2023

at Kolambugan, Lanao del Norte, Philippines.