Republic of the Philippines )

Tagbilaran City )S.S.

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COMPLAINT-AFFIDAVIT
I, RENIERIO BALANDRA y JACOT, Filipino, of legal age,
married, and a resident of Western Poblacion, Alburquerque, Bohol,
Philippines, under oath, hereby depose and state, that:

1. I am filing this criminal and administrative complaint against

MUNICIPAL COUNCILOR ADRIANA B. MILO of the
Municipality of Alburquerque, Province of Bohol, for:

a. Conduct which constitute prohibited acts and

transactions defined and penalized under Section 7(d)
of Republic Act No. 6713, otherwise known as the
Code of Conduct and Ethical Standards for Public
Officials and Employees;

b. Grave misconduct,

c. Grave abuse of authority;

d. Conduct prejudicial to the best interest of the service;

and

e. Such other criminal and administrative offenses

covered under the Revised Penal Code; Republic Act
3019, or the Anti-Graft and Corrupt Practices Act;
and Republic Act 6713, or the Code of Conduct and
Ethical Standards for Public Officials and Employees,
as may be determined by this Honorable Office.

2. Municipal Councilor Adriana B. Milo, with Salary Grade No. 24, is

an incumbent Municipal Councilor of the Municipality of
Alburquerque, Province of Bohol. She may be served with summons
and processes at the Office of the Sangguniang Bayan (SB),
Municipality of Alburquerque, Bohol.

3. The acts complained of were committed by Councilor Adriana B.

Milo [Councilor Milo, hereafter], as follows:

4. Sometime on November and December 2016, Councilor Milo

demanded from me the amount of Thirty Thousand Pesos
(P30,000.00) and then solicited one (1) roasted pig or lechon.

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5. Councilor Milo, in her official capacity as Municipal Councilor and as
Member of the Sangguniang Bayan, made the demand for said
amount of money and solicited the lechon from me while I was the
subject of an investigation by the Sangguniang Bayan (SB) of the
Municipality of Alburquerque, in connection with my quarrying
activity within my property located in Barangay Tagbuane,
Alburquerque, Bohol.

6. The details of the demand for the amount of P30,000.00 and the
solicitation of the lechon made by Councilor Milo from me is narrated
hereunder:

7. Sometime in the later part of November 2016, Councilor Milo

summoned me to her house and demanded from me the amount of
P30,000.00 in exchange for her assurance that the Sangguniang Bayan
will no longer pursue conducting an investigation and taking legal
action against me in relation to my quarry within my property in
Barangay Tagbuane, Alburquerque. Upon entering the house of
Councilor Milo, she and her husband castigated me with regards my
quarrying, and then, Councilor Milo threatened me that she would file
a case against me at the Ombudsman, telling me in the local dialect:
Nganong ga negosyo pa man ka anang quarry nga kwartahan na
man ka? Ipa Ombudsman ka nako. Ilegal na imong quarry.
[Translated roughly as: Why do you have to engage in quarry
business, youre already wealthy? Ill sue you at the Ombudsman.
Your quarrying is illegal.] After a litany of harsh threatening words,
Councilor Milo insistently demanded that I give her the amount of
Thirty Thousand Pesos (P30,000.00). Councilor Milo specifically
said to me in the local dialect: Mangayo ko ug bahin sa imong
inagi-an sa quarry Thirty thousand. Ako nay bahala mo deal sa
SB aron dili na ka imbestigahan sa SB, dili na ka kasohan. [Give
me a share from your quarrying Thirty thousand. Ill take care of
dealing with the SB so that the SB will no longer conduct an
investigation and no case will be filed against you.]

8. First and foremost, I could not think of any wrongdoing in connection

with my quarrying activity that would make me liable to anyone,
much less the Sangguniang Bayan of Alburquerque due to the fact
that I have obtained a quarry permit from the Office of the Governor,
Province of Bohol, through the Bohol Environmental Management
Office (BEMO) for said quarry covering my property in Tagbuane,
Alburquerque.

9. Although the threats made by Councilor Milo struck me as odd, I was

left with no choice at that time since I felt threatened by what
Councilor Milo told me and I feared that my quarry business will be
affected if ever the Sanggunian will indeed push through with their
investigation and legal action as Councilor Milo told me.
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10. I was forced to give in to Councilor Milos demand for money and as
I was able to come up with Twenty Thousand Pesos (P20,000.00), I
gave Councilor Milo the said amount the second time she called me to
her house a few days later. During that time, after I gave her the
P20,000.00 cash, Councilor Milo told me that I still owe her Ten
Thousand Pesos (P10,000.00), telling me in the local dialect:
Kuwangan pa ni ug P10,000.00. Naa pa kay kuwang nako
P10,000.00. [This is still short of P10,000.00. You still owe me
P10,000.00.]

11. Then, during the December 12, 2016 Regular Session of the
Sangguniang Bayan of Alburquerque, Bohol, SB members, including
Councilor Milo, summoned me to attend the session to answer queries
with regards my quarry operations. During the said December 12,
2016 Regular Session, Councilor Milo talked to me in private and
took advantage of the opportunity to demand from me the P10,000.00.
She renewed her threats, insisting that my quarry is illegal, and that
the Sanggunian will take legal steps against me if I do not acquiesce
to her demand for money.

12. It was about a couple of weeks after I gave P20,000.00 to Councilor

Milo that she again summoned me to her house. This time, Councilor
Milo asked from me to pledge lechon for the Christmas Party of the
Sangguniang Bayan. Councilor Milo specifically told me: Ako nay
mahibaw molihok sa imong problema. Ako nay bahala sa mga SB
members after sila maka-kaon sa imong lechon. [Translated
roughly as: Ill take care of your problem. Ill handle the SB
members after they have eaten your lechon.] Then, once again,
Councilor Milo demanded from me the P10,000.00 that I purportedly
owe her from my quarrying and that I should give her said amount.
And since I did not have the said amount at that time, she insisted that
I send her the said amount upon my delivery of the lechon.

13. Again, I was left with no choice but to give in to Councilor Milos
demand for the lechon. I directed two (2) of my workers, Junray
Orevillo and Junry Teves, to cook and prepare one (1) lechon and
deliver it to Councilor Milo. I also asked Junray Orevillo to give to
Councilor Milo the amount of Five Thousand Pesos (P5,000.00) cash
along with the delivery of the lechon.

14. In support of the foregoing allegations, I have attached herewith as

Annexes A and B the Affidavits of Junray Orevillo and Junry
Teves, attesting to the fact that they were the ones who personally
delivered to Councilor Milo, and that the latter personally received,
the said lechon and the amount of P5,000.00 cash as part of the
amount that Councilor Milo had demanded from me.

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15. Likewise attached to this complaint as Annex C is a copy of the
Minutes of the December 19, 2016 Regular Session the Sangguniang
Bayan of Alburquerque, wherein Councilor Milo, manifested on
record and candidly admitted in open session during the Privilege
Hour that she (Councilor Milo) is soliciting the lechon from me,
which the Sanggunian eventually partook with during their Christmas
Party sometime in the later part of December 2016.

16. Also appended as Annex D to this complaint is a copy of the

Minutes of the December 12, 2016 Regular Session of the
Sangguniang Bayan of Alburquerque, wherein it is placed on record
that I was summoned by the Sanggunian to answer queries in relation
my quarry activities.

17. Councilor Milos demand for money and lechon from me, while I was
the subject of an investigation by the Sanggunian is clearly
established from the foregoing narrative and the attached supporting
affidavits and the minutes of the Sanggunian sessions.

18. Councilor Milo herself narrated in her speech during the Privilege
Hour during the December 19, 2016 Sanggunian session that she is
soliciting lechon from me.

19. Councilor Milo, in her official capacity as member of the

Sangguniang Bayan of Alburquerque, is clearly liable for directly
demanding and extorting money from me, as well as soliciting and
receiving a gift/present from me, in the form of a lechon, even despite
the fact that I was being investigated by the Sangguniang Bayan for
my quarry.

20. Councilor Milo knew for a fact that the Sangguniang Bayan, of which
she is a member, was in the midst of investigating into my quarry
activities and because of which, Councilor Milo exploited my
vulnerability by demanding from me the amount of Thirty Thousand
Pesos (P30,000.00) and then solicited from me one (1) lechon for the
Sanggunians Christmas Party in lieu of the assurance that the
Sanggunian will no longer pursue their investigation and or file legal
action against me. And this is beside the fact that Councilor Milo, as
a member of the SB, has the authority and influence to intervene in
the conduct of the investigation by the Sanggunian into my quarry.

21. Councilor Milos acts of exploiting her authority, position and

influence, to demand money and solicit lechon from me, tantamount
to extortion, blackmail and mulcting by a public officer. Councilor
Milo succeeded demanding money and soliciting lechon from me by
threatening me that the Sanggunian will pursue their investigation
and/or take legal action against me, which is directly in connection
with her duties in public office, thereby coercing me to give her
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 money and lechon. Such demand for money and solicitation constitute
extortion, blackmail and mulcting which acts are punishable under the
Revised Penal Code, the Anti-Graft and Corrupt Practices Act
(RA 3019) and the Code of Conduct and Ethical Standards for
Public Officials and Employees (R.A. 6713).

22. Based on the above-narrated facts, Councilor Milo is clearly liable for
a prohibited act and transaction which she committed through
solicitation and acceptance of an amount of money and a gift
(lechon) even despite the fact that there is conflict of interest since the
Sanggunian, of which Councilor Milo is a member, is in the midst of
conducting an investigation on my quarry operations. This act is
prohibited and made punishable under Section 7(d), in relation to
Section 11, of Republic Act 6713, or the Code of Conduct and
Ethical Standards for Public Officials and Employees, which states:

SEC. 7. Prohibited Acts and Transactions. - In addition

to acts and omissions of public officials and employees
now prescribed in the Constitution and existing laws,
the following shall constitute prohibited acts and
transactions of any public official and employee and
are hereby declared to be unlawful:
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(d) Solicitation or acceptance of gifts. - Public officials
and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment,
loan or anything of monetary value from any person
in the course of their official duties or in connection
with any operation being regulated by, or any
transaction which may be affected by the functions
of their office.
xxxx
SEC. 11. Penalties. - (a) Any public official or employee,
regardless of whether or not he holds office or
employment in a casual, temporary, holdover,
permanent or regular capacity, committing any
violation of this Act shall be punished with a fine not
exceeding the equivalent of six (6) months salary or
suspension not exceeding one (1) year, or removal
depending on the gravity of the offense after due notice
and hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter
statute. Violations of Sections 7, 8, or 9 of this Act shall
be punishable with imprisonment not exceeding five (5)
years, or a fine not exceeding Five Thousand Pesos
(P5,000.00), or both, and in the discretion of the court

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 of competent jurisdiction, disqualification to hold
public office.
(b) Any violation hereof proven in a proper
administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or
employee, even if no criminal prosecution is
instituted against him.
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23. In addition, Councilor Milo should also be indicted and prosecuted for
gross misconduct, grave abuse of authority and for conduct
prejudicial to the best interest of the service.

24. I am executing this Complaint-Affidavit to attest to the truthfulness of

the foregoing statements in support of this complaint against
Municipal Councilor Adriana B. Milo.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

th
12 day of July 2017, in the City of Tagbilaran, Bohol, Philippines.

RENIERIO J. BALANDRA
Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 12th day of July,

2017 in the City of Tagbilaran, Bohol, Philippines.

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 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

Republic of the Philippines )

City of Tagbilaran ) S.S
x-----------------/

I, RENIERIO BALANDRA y JACOT, Filipino, of legal age,

married, and a resident of West Poblacion, Alburquerque, Bohol,
Philippines, after having been duly sworn to in accordance with law, hereby
depose and say:

That I am the complainant in the foregoing Complaint;

That I have caused the preparation and filing of the foregoing

Complaint-Affidavit;

That I have read and do understand the contents thereof; and that to
the best of my knowledge, the allegations therein are true and correct;

That I hereby certify that I have not commenced any similar action
before any court, body, tribunal or quasi-judicial agency involving the herein
case against herein Respondent; and to the best of my knowledge, no such
similar action or claim is pending therein, and that if I learn that there is such
similar action or claim pending, I shall promptly notify this Office and such
court, body, tribunal or agency.

That I hereby execute this verification and certification to attest to the

truth of the same.

City of Tagbilaran, Philippines, July 12, 2017.

RENIERIO J. BALANDRA
Affiant

SUBSCRIBED AND SWORN to before me this 12th day of July 2017

in the City of Tagbilaran, Bohol, Philippines, Affiant exhibited to me his
Unified Multi-Purpose ID bearing CRN-0111-4490201-8, as competent
proof of his identity.