Republic of the Philippines

Province of Negros Oriental

City of Bais

)
)
) s.s.
AFFIDAVIT

I, DON VICENTE C. REAL, Filipino, of legal age, married, with address at Brgy.
Looc, Bais City, Negros Oriental, after having been sworn to in accordance with law,
hereby depose and state, as follows:
1. I am the former President of Negros Oriental State University (NORSU), with the
Main Campus at Dumaguete City, Negros Oriental;
2. Sometime in the middle part of 2014, I was charged by the Board of Regents
(BOR) of NORSU for Grave Misconduct, Serious Dishonesty, Falsification of
Official Documents and Gross Insubordination for the procurement of multi-media
speech laboratory of NORSU, Bayawan Campus, Negros Oriental;
3. As University President, I had no direct participation in the conduct of the
procurement, beyond approving the recommendation of the Universitys Bids and
Awards Committee (BAC). As in any other government office, it is the BAC that
principally handles the procurement process, namely from the procurement
planning to the preparation of the bidding documents, to the conduct of the preprocurement conference, to the actual conduct of the bidding, and to the postqualification and award, among others. Notwithstanding my indirect role in the
procurement process, only me as NORSU President has been targeted over this
supposedly anomalous procurement.
This is on top of the fact that the NORSU BAC procedure, as followed in the said
procurement, has been the same process implemented in numerous previous
administrations procurement involving similar circumstances.
I was consequently placed on preventive suspension for ninety (90) days.
4. For the said case, I engaged the services of ATTY. JOSE MARIO ELINO T.
TAN (Atty. Tan for brevity) with office address at GICA DEL SOCORRO
ESPINOZA VILLARMIA, FERNANDEZ & TAN Law Offices, 3F Gilaida
Building, 218-G R. Landon Extension, Cebu City, Philippines;
5. Since his representation of my case, Atty. Tan received all the communications and
orders pertinent to the afore-mentioned case. He was also the one who prepared
my Answer/Affidavit RE: the case, as well as pleadings for the case. Other
incidents relating to the case itself are as follows:
A. Atty. Tan attended the pre-hearing conference on the charges, scheduled on 06
November 2014 at Cebu Normal University, Cebu City;
B. Atty. Tan also attended the formal hearings on 15-16 November 2014 to cross
examine the witnesses against me. He did not require me to be present in said
hearings;

Affidavit
Page 2 of 5

C. On 27 November 2014, a pleading entitled Manifestation Ex Abundati Ad

Cautelam was filed by Atty. Tan with an argument that the next scheduled
hearing on 29-30 November 2014 has no authority from the BOR since the 30
days as allowed by RRACCS a day after the formal charged was made had
expired already;
D. Supposedly, the 29-30 November 2014 schedules were for the presentation of
the Defense evidence, but I and my witnesses did not appear as per instruction
of Atty. Tan;
E. On 04 December 2014, the Chairperson of the Formal Investigation
Committee, Atty. Eulogia M. Cueva, declared me in default for failure to
appear on hearings scheduled on 29-30 November 2014, and that my absence
was construed as waiver of my right to present evidence;
F. On 08 December 2014, a pleading entitled Manifestation Ex Abundanti Ad
Cautelam was filed by Atty. Tan questioning the authority of the Formal
Investigation Committee without authority from the BOR. He further argued
that the supposed order dated 04 December 2014 was signed by only one of the
three members of the Ad Hoc Formal Investigation Committee, hence not a
valid order;
G. On 19 December 2014, Atty. Tan sent me a text message (SMS) informing me
that he is leaving for the U.S.A. to spend the Christmas Season with his family
until New Year of 2015;
Since then, I never heard from Atty. Tan anymore. He would not answer my
text messages (SMS), calls, emails and even refused to see me personally.
6. I subsequently wrote a letter to Dr. Minella C. Alarcon that my 90 days preventive
suspension will end on 01 January 2015. Hence, I will resume the performance of
my function as University President.
7. On 05 January 2015, I received a letter from OIC Office of the President, Dr.
Dayot that the BOR extended my preventive suspension until 22 January 2015.
8. On 19 January 2015, I sent a photocopy of BOR Resolution No. 128, S. 2014 to
Atty. Tan Re: The Manifestation Ex Abundanti Ad Cautelam, noting the same and
directing me to proceed and take the opportunity to defend myself. I did not get
any response or any form of communication from Atty. Tan pertinent to any action
he has undertaken for the issue;
9. On 22 January 2015, I went to the Office of Atty. Tan in Gica Del Socorro
Espinoza Villarama Fernandez & Tan at 3/ F Gilaida Bldg., 218. G Osmena
Boulevard (R. Landon) Extension, Cebu City to verify/check any action
undertaken by him regarding my case. He was not around because as told by his
father (also a lawyer) Atty. Tan would just get back to me as soon as he will be
done with the series of meetings;
I stayed in Cebu City just to wait for him to communicate with me. However, I
did not receive any call/text from Atty. Tan.

Affidavit
Page 3 of 5

This added confusion to my situation because in several instances he was not

answering any of my text messages or calls and without any explanation at all.
Every time I called him, he would turn it off with no reason/s at all.
10. Because of my confusion and feeling of betrayal that my lawyer has practically
abandoned me without any word at all and I had no other legal person to turn to, I
decided to tender my resignation on 23 January 2015;
11. On 26 January 2015, I sent by LBC a set of documents containing 54 pages Re:
Manifestation and Motion of the OSG Lawyers to Atty. Tan, which he received on
27 January 2015, but I never heard anything from him about it also;
12. For the second time on February 13, 2015, I went to the office of Atty. Tan to
verify on any action taken by him regarding my case. Unfortunately, he was said
to be out of the country but I discovered and got information from their secretary
that Atty. Tan received letters from Dr. Dayot thru Mrs. A. Utzurrum the Dismissal
Order of the BOR with accessory penalties of Cancellation of Eligibility,
Forfeiture of Retirement Benefits, and Perpetual Disqualification from
Holding Public Office;
13. Since all my previous attempts to text, call, email, and personally went for naught,
I was compelled out of frustration to write him and send it by LBC on 12 April
2015, the pertinent portion of it is as follows:
Respectfully sir, Atty. Tan, you were a very effective legal counsel to me. I
just wonder why you did this to me without a single explanation. You
leave me hanging without your legal advice especially during the crucial
stages of my discernment whether to resign or not. I did tender my
irrevocable resignation on the 23rd of January 2015. But prior to this date,
God knows, I was texting and calling you several times so that I can be
given your legal guide on this matter. When in fact, I visited your Law
Office in Cebu City, on the 22 nd of January 2015 to meet you in flesh so
that you can legally guide me, you did not see me or even tried to see me
sir. Your father who is also a lawyer was there on that day sir, and he told
me that you would just get back to me after a series of your meetings. I
waited for you on that day sir. You could have just called me for a short
while in between breaks of your meetings on that day. You did not have
any moment for me on that day. I was your client sir. We had a legal
relationship. Why sir? In fact, your last SMS to me was on December 19,
2014 before you left for New York. Again, God knows, how many times I
texted and called you when I knew you have arrived in Cebu prior to my
irrevocable resignation on the 23rd of January 2015. What is adding to my
injury sir, is the fact that when I visited your Law Office for the second
time on February 13, 2015, so that I can learn what legal actions you have
taken for me as your client, I knew from the secretary of your law office
that you have already received my Dismissal with accessory penalties
from the NORSU BOR. Clearly, you have not made any legal action for
me on this regard sir. Again, I was your client sir. We had a legal
relationship. Why sir?

Affidavit
Page 4 of 5

To this day, I am in a quandary, why since December 19, 2014, you ceased
to communicate with me sir. What is clear to me sir is that you did not
officially disengaged with me as my legal counsel. I was always waiting
that you communicate with me( in fact, I made many efforts to text and
call you, God knows, how many times you turned it down, why sir?) so
that you can legally guide me prior to my irrevocable resignation on the
23rd of January 2015. As it turned out, you did not effectively guide me in
this regard sir. Sir, you were already in receipt of my Dismissal with
accessory penalties coming from the NORSU BOR prior on February 13,
2015, why did you not make any legal action to benefit me? Or simply,
why did you not inform me earlier sir that you were already disengaging
with me as your client? You had a legal relationship with me sir. Why sir?
Did it not occur to you sir that if you just leave me hanging in the air, then
I can be legally injured and in effect I cannot legally protect what little
rights and privileges that is left of me.
Please sir. I think I deserve an explanation.
Copy of the Letter is hereto attached as ANNEX A.
14. Presumably after receipt of my letter through LBC, Atty. Tan emailed me on 13
April 2015 instructing me to go to his office in Cebu City the next day (14 April
2015) purportedly to sign the Petition for Certiorari (under Rule 65 of the Rules
of Court) that he would file on 14 April 2015, which he said was also the last day
of filing. He also told me to bring P10,000.00 for the filing fees.
This left me even more bewildered because from what I know, a Motion for
Reconsideration is a mandatory requirement before an aggrieved party can file for
Petition for Certiorari under Rule 65 at the Court of Appeals (CA). It became
evident to me that Atty. Tan just tried to appease me by making me believe that he
is attending to my case although he already knew that all the same, the Petition
would be dismissed because he was not able to file a Motion for Reconsideration
to the BOR.
15. Due to the unexplainable treatment and inaction of Atty. Tan, I am now in real
danger of being condemned with finality not just for the dismissal as President of
NORSU, but more importantly from forever suffering the accessory penalties of
Cancellation of Eligibility, Forfeiture of Retirement Benefits, and Perpetual
Disqualification from Holding Public Office;
I am not after of my office as President as in fact I already resigned, but I wanted
to fight the penalty imposed on me primarily because it carried accessory penalties
that are tantamount to depriving me not only practically of livelihood but also of
what I have already earned by way of retirement benefits.
I would not have minded if Atty. Tan has been fair and candid in his dealings with
me. If he already wanted to terminate his representation, he could have just told
me frankly and I would have accepted his decision and would have promptly tried
my best to look for another counsel to represent me.
16. I am executing this Affidavit to attest to the foregoing facts and for whatever legal
purpose this may serve.

Affidavit
Page 5 of 5

IN WITNESS WHEREOF, I hereunto set my hands this ___th day of April 2015 in
Dumaguete City, Negros Oriental.

DON VICENTE C. REAL, Ed.D.

Affiant
SUBSCRIBED and SWORN TO before me this __th day of April 2015 in Bais City,
Negros Oriental with the affiant presenting to me his Passport ID
No.____________________ issued by the DFA on_____________ and with expiry date
on_________________.