Professional Documents
Culture Documents
Province of Cagayan
Municipality of Solana
OFFICE OF THE SANGGUNIANG BAYAN
1. Respondent admits Paragraph 2 of the formal charge as it is true and correct that
there were series of checks issued by the barangay pertaining to the payment of
honoraria, projects and cash advances starting October 2017;
3. Respondent denies having direct and active participation with the anomalous
transactions made by his co-respondent Jholita Mabborang as he does not have
personal knowledge of them and if the same were brought to his attention, he
would have taken measures to prevent their consummation;
4. To support this denial, this issue was raised during the Special Meeting of the
Barangay Council last November 26, 2017. A copy of the Minutes of Special
Session is hereby attached and made integral part of this Answer as Annex “A”.
An excerpt of which is hereby quoted, thus:
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Punong Barangay (sic) open to the council about the problem regarding the
list of disbursement (sic) no vouchers remark of the accounting office to our
Barangay year 2016 and 2017. He asks treasurer Jholita Mabborang to
answer about this problem. Treasurer explains that (sic) 2016 (sic) went
to COA office for (sic) my audit Ma’am Lappy is the Auditor and (sic)
it is okay all my papers are cleared. I don’t know why the accounting
office has no record and maybe I forgot to give them a file copy. She
also said don’t worry I will settle everything next week.
5. Additionally, the same was admitted by respondent Mabborang during the Special
Meeting held by the council last January 17, 2018. A copy of the Minutes of
Session is likewise attached as Annex “B”. An excerpt is emphasized, to wit:
6. In fact, respondent Mabborang has deposited a sum of money to the bank account
of the barangay amounting to Two Hundred Fifty Thousand Pesos (P250,000.00)
duly receipted by the Cashier’s Office of the Municipality of Solana with the nature
of collection as Refund of Various Cash Advances of Centro Southeast. A
photocopy of the deposit slip and the Official Receipt No. CGYN 7801152 are
hereby attached as Annex “C” and Annex “C-1’ respectively;
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9. Likewise, a comparison of the signature of the Punong Barangay to the checks
duly issued and the unauthorized checks shows a glaring instance of forgery made
by respondent Mabborang. Pending the request for a copy of the involved checks
from the Municipal Auditor of Solana, Cagayan, a copy of the request letter is
hereto attached as Annex “E”;
10. To this, respondent Apura denies categorically in its strongest term that he has
granted imprimatur for the acts made by his co-respondent;
Firstly, this case finds application by analogy with the Doctrine of alter-ego or
doctrine which recognizes the establishment of a single executive, all executive and
administrative organizations are adjuncts of the Executive Department, the heads of the
various executive departments are assistants and agents of the Chief Executive, and
except in cases where the chief executive is required by the Constitution or law to act in
person or the exigencies of the situation demand that he act personally, the multifarious
executive and administrative functions of the Chief Executive are performed by and
through the executive departments, and the acts of the secretaries of such departments,
disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief
Executive. 1
It bears stressing to note that respondent Apura does not have a direct and
charge.
Let alone the fact that it was the sole and malicious activities made by respondent
1
Jose D. Villena v. Secretary of Interior
GR NO. L-46570 April 21, 1939
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Necessarily, considering that such acts are not equated to as the acts of the
Punong Barangay, the liability should not be attributed therefore to respondent Apura as
the same does not arise from the regular conduct of business of the barangay but to his
co-respondent Mabborang alone who haphazardly refuses to abide with the order of this
This is the last term of the respondent as Punong Barangay as he is holding the
public elective position for three consecutive terms and in his long years of dedicated
service, it is his first time to encounter this situation, probably because the barangay
treasurer has mastered the trick of forging his signatures in the issuance of checks for
Emphatically, in all his orders and instructions to the barangay treasurer, there is
no instance wherein he permitted her to imitate his signature and never had he signed a
blank check which also authorizes his treasurer to fill-in the details.
That being the case, the exception to the Doctrine of Alter-Ego applies and the
acts therefore of the Secretary (in this case, the barangay treasurer) is not considered as
the act of the Chief Executive (or in this case the Punong Barangay).
Secondly, on the issue of forgery made by respondent Mabborang which she has
used to perpetuate her acts. Under Section 23 of the Negotiable Instruments Law, it
In the instant case, it appears that respondent Mabborang had forged the signature
of the Punong Barangay when she issued the series of checks which were not supported
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When a signature was forged in a check, it becomes a real or absolute defense on
the part of the account holder which means that the check becomes wholly inoperative
and the holder even if a holder in good faith and for value cannot take refuge on the
signature thereon. There can also be no right to retain the instrument or to give a
The drawee bank should have been very careful and prudent in evaluating whether
the signatures in the checks are genuine or not. In the usual banking practice, the account
holder is being called upon or notified by the drawee bank in order to ensure that the
drawer has indeed issued the check most especially if it involves a large sum of money.
With more reason that the same should have been done in this case considering that
It is surprising to mention also that there were no disbursement vouchers for the
transaction.
The respondent has not been remiss of his duty to remind the treasurer to prepare
the disbursement vouchers in every transaction and to diligently keep a record of all of
fulfill his mandate in accordance with the law, he must therefore be exonerated of the
The respondent being a public elective official is presumed under the law to have
exercise his duties and functions regularly in the absence of negligence and bad faith.
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Considering the aforementioned disquisitions, the case failed to meet such quantum of
evidence.
RELIEFS
1. DISMISS this complaint against respondent Honorable Eduardo Apura for utter
lack of merit and
2. GRANT other reliefs consistent with law and equity, and for costs.
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NOTICE OF HEARING
TO THE SECRETARY
SANGGUNIAN BAYAN OF SOLANA, CAGAYAN
Greetings!
This is a notice that the foregoing is hereby submitted for the immediate
consideration of this Honorable Sangguniang Bayan and the Committee on
Administrative Investigation. Thank you.
ED ARMAND T.VENTOLERO
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