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A.M. No. 06-11-1-SC. November 14, 2006]

RE: LETTER OF FELICISIMA FRANCISCO, et al. OF ALLIANCE OF CONCERNED EMPLOYEES OF TIPO-TIPO (ACET) against MAYOR PAMARAN T. MATURAN

En Banc

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated NOV. 14, 2006.

A.M. No. 06-11-1-SC (Re: Letter of Felicisima Francisco, et al. of Alliance of Concerned Employees of Tipo-tipo (ACET) against Mayor Pamaran T. Maturan.)

Before the Court is a letter-complaint dated May 24, 2006 of Felicisima Francisco, Enita Sanchez, Cris Husain, Alvin Totong, Noel Lico and Anwar Marzoc of the "Alliance of Concern Employees of Tipo-tipo" (ACET) alleging non-payment of their salaries since March, 2006 and that they percieved that their salaries were used by Mayor Maturan to pay his financial obligation to the Court amounting to Ten Million Pesos in exchange of a favor extended to him by the Court and which payment was coursed through Atty. Romeo Macalintal. This letter-complaint is intertwined with the letter dated April 17, 2006 of the "Alliance of Concern People's Against Poverty" (APAP) in G.R. No. 170702 entitled, "Istarul v. COMELEC, et al." regarding an alleged Ten Million Peso pay-off in order to ensure the victory of Mayor Maturan. Private respondent therein alleged that APAP is non-existent and the alleged signatures thereon are also fictitious as evidenced by: a) Certification by the Regional Director of the Securities and Exchange Commission that the records of the Commission do not show the registration of "Alliance of Concern People's against Poverty"; b) Certification of the Commission on Elections that the five signatories in the subject letter "were found to be not duly registered as bone fide voters of the Municipality of Tipo-tipo; c) Certification of the Liga ng mga Barangay that the APAP does not exist nor operate in the Municipality of Tipo-tipo and that the five signatories who are alleged members thereof "are not known residents of the municipality nor in any barangay composing it. Both parties therein denied the contents of the said letter. Thus, the Court in a Resolution dated September 27, 2006, resolved to consider the matter closed.

The herein subject letter was endorsed by the Chief Justice to the Office of the Court Administrator (OCA) on May 31, 2006 for investigation and report. The OCA referred the matter to Executive Judge Danilo M. Bucoy of RTC, Branch 2, Isabela, Basilan for investigation.

Judge Bucoy recommended the dismissal of the said letter-complaint on the ground that: three out of six complainants namely: Felicisima Francisco, Crisologo Husain and Nenita Sanchez denied that they signed the said letter and alleged that ACET is a non-existing organization and that Mayor Maturan has never been remiss in the payment of their salaries. In a letter dated August 14, 2006, Mayor Maturan informed Judge Bucoy that the remaining three complainants were actually dropped from the rolls as municipal employees since June 28, 2005 as confirmed by the Civil Service Commission, Regional Office No. IX in a Decision dated December 12, 2005.

In its Memorandum dated October 25, 2006, the OCA recommends that the instant matter be considered closed and terminated.

There being no evidence in support of the allegations in the letter-complaint and finding the recommendation of the OCA to be well taken, the Court RESOLVED to consider the matter CLOSED and TERMINATED.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court


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