1

THE PHILIPPINES
7TH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH _____, CEBU CITY

IN THEMATTER OF THE PETITION SPEC. PROC. NO.______

FOR THE ALLOWANCE OF THE WILL FOR: ALLOWANCE OF
WILL
OF THE LATE ROSETTA F. MANTE, SETTLEMENT OF ESTATE,
FOR SETTLEMENT OF ESTATE AND LETTERS
TESTAMENTARY/
ISSUANCE OF LETTERS TESTATA-] ADMINISTRATION
MENTARY AND/OR ADMINISTRATION

BERNADETTE F. MANTE ,
Petitioner.

PETITION
PETITIONER, by counsel, most respectfully avers:

1) The petitioner is of legal age, single and a resident of 10 Clarita

Village, Punta Princesa, Cebu City. He may be served with judicial process
and notices by and through counsel at the law office address as set forth below.

2) The late Rosseta F. Mante passed away on 23 June 2017 in the City of
Cebu, Province of Cebu. She was an Filipino, widow and a resident of 10
Clarita Village, Punta Princesa, Cebu City at the time of death.'

3) The decedent at and immediately prior to his death was a resident

of the said municipality and province, within the jurisdiction of this Honorable
Court, and he left sundry properties, real and personal, including a lot (Lot
6885D) situated in Cawayan, Dalaguete, covered under Tax Dec. No. 0821-
073802 & PIN 043-21-011-47-054, and such
1
A copy of the death certificate is appended hereto as Annex "A".
2
A copy of the tax declaration is appended hereto as Annex "B".

Republic of the Philippines

OFFICE OF THE OMBUDSMAN
Office of the Ombudsman (Visayas)
M. Velez Street, Guadalupe, Cebu City 6000
 2

FIELD INVESTIGATION OFFICE

OFFICE OF THE OMBUDSMAN-
VISAYAS,
Complainant,

OMB-V-C-16-0242
-versus- For: Viol. of Art. 171
(Falsification by Public
Officer, Employee or
Notary or Ecclesiastic
Minister), Revised Penal
Code

OMB-V-A-16-0289
For: Misconduct/Conduct
Prejudicial to the Best
Interest of the Service
ALAN S. MASECAMPO
Punong Barangay
Barangay Hall
Barangay San Antonio,
Cebu City

MARITES MANTE
Barangay Treasurer
Barangay Hall
Barangay San Antonio
Cebu City

x------------------------------------------------x

Republic of the Philippines}

City of Cebu . . . . . . . . . . . }S.S.

COUNTER-AFFIDAVIT
I, MARITES MANTE, of legal age, Filipino, married and a resident of 10
Clarita Village, Punta Princesa, Cebu City after having duly sworn to
accordance with law do hereby depose and say:

1. I am the respondent in the above-entitle case and I vehemently

deny all the material allegations in the complaint because the truth of the matter
is as follows:

2. I was appointed as treasurer of Barangay San Antonio, Cebu City on

December 1, 2007 and I served the said position until I resigned on
 3

March 31, 2012. Since then, I am no longer connected with the said
barangay.

3. As Barangay Treasurer, my functions are enumerated under the

Local Government Code.

a). Keep custody of barangay funds and properties

b). Collect and issue official receipts for taxes, fees, contributions,
monies, materials, and all other resources accruing to the barangay
treasury and deposit the same in the account of the barangay as
provided under Title Five Book II of this Code;

c). Disburse funds in accordance with the financial procedures

provided in this Code;

d) Submit to the punong barangay a statement covering the actual and

estimates of income and expenditures for the preceding and ensuing
calendar years, respectively, subject of the provisions of Title Five,
Book II of this Code;

e) Render a written accounting report of all barangay funds and

property under his custody at the end of each calendar year, and
ensure that such report shall be made available to the members of the
barangay assembly and other government agencies concerned;

f) Certify as to the availability of funds whenever necessary;

g) Plan and attend to the rural postal circuit within his jurisdiction;
and

h) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

4. This activity dubbed as “Person with Disability Seminar” was a

project of the barangay under the supervision and management of Virginia
Burlas, the head of Gender and Development (GAD) of the Barangay. This
project was the joint effort of the GAD, Chairman of Social Services Committee
of the Barangay and the Office of the Barangay Chairman

5. The budget of this project was being prepared by GAD and the
approval by the Office of the Barangay Captain. I remember having certified
the availability of the funds for the budget of this project based on the proposal
of this activity before the Office of DILG, Cebu City.

6. In my experience, the expenses for this kind of activity are usually

 4

food and drinks. I remember that since the budget was only around Php
11,000.00, the barangay resorted to canvassing of supplier who offered the
lowest price.

7. As far as my memory could recall, suppliers were paid after the

activity and after all supporting documents shall have been submitted for
approval. GAD submitted to my office to my office all supporting documents of
the project. On my part, I remember having signed the voucher and check for
payment after the submission of the following documents:

a. Purchase Request which was signed by Barangay Chairman

b. Canvass to be prepared by BAC
c. BAC Resolution
d. Notice of Awards to be prepared by the Office of the Barangay
Chairman
e. Abstract of Canvass by BAC
f. Purchase Order by the Office of the Barangay Chairman and the
Supplier
g. Inspection Report to be prepared by GAD

8. The voucher and he check shall be signed by the Chairman of the

Barangay. Then I caused the delivery of the voucher and the check with all the
supporting documents to the Accounting Department of Cebu City for pre-audit.
After the pre-audit, the Accounting Department shall release the voucher and the
check to my office for the payment of the budget to the supplier.

9. The controversial ATENDANCE SHEET must have been part of

the Inspection Report. I don’t know who prepared it because I did not have the
participation in preparing these documents except the check and the voucher. As
far as I could recall, the Inspection Report was prepared by GAD who happened
to be the sponsoring body of the activity.

10. In relation to this activity, I remember the Accounting

Department of Cebu City has returned our documents for this project with a note
that I should certify the ATTENDANCE SHEET to be certified true and correct.
While I admit having certified the ATTENDANCE SHEET to be true and
correct on the premise that the said ATTENDANCE SHEET was true and
correct as being prepared by GAD and submitted to the office. It should not be
construed that the signatures and names appearing therein are genuine and that
the activity was attended by these people listed as attendees in the activity.

11. I received the subject documents including the controversial sheet

pursuant to the my ministerial duty as keeper of records relative to the
financial transaction in the barangay. I did not have the poweras I did
not have the means of verifying the same because the activity was not
under my supervision and control and I did not have a way of knowing
the
 5

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, CHRISTINE F. MANTE of legal age, Filipino, single and temporarily residing at

Dhaka, Bangladesh do hereby name, constitute and appoint my mother ROSETTA F.
MANTE of legal age, widow, Filipino with residence and postal address at No. 10,
Applegreen, Clarita Village, Punta Princesa, Cebu City, Philippines as my attorney-in-fact
and in my name, place and stead, for my own use and benefit to do and perform the following
acts and things to wit:

1. To process the necessary papers and documents with DSWD, BUREAU OF

IMMIGRATION or any government agencies whose approval is required for the
purported travel of my minor-daughter MAGNOLIA COLEEN M. CABILAO to
Dhaka, Bangladesh where I am presently residing;
2. To file the necessary action in court in the event the administrative proceeding
will not be sufficient to legalize the travel of my minor daughter abroad;
3. In the event court action is necessary, I authorize my attorney-in-fact to sign the
verification and certification of non-forum shopping;
4. To appear in the preliminary conference and pre-trial proceeding in the above-
mentioned case;
5. To enter into stipulation or admission of facts and identification of documents and
amicable settlement with the defendant.
6. To submit to alternative modes of dispute resolution.
7. To sign, make, execute and deliver any paper or document relevant or necessary to
the preceding paragraph.

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full powers

and authority to do and perform all and every act requisite or necessary to carry into effect the
foregoing authority, as fully as to all intents and purposes as I might or could lawfully do if
personally present and hereby ratifying and confirming all that my said attorney-in-fact would
lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand this____day of

March 2008 in the Dhaka, Bangladesh.

CHRISTINE F. MANTE
Principal

SIGNED IN THE PRESENCE OF:

_______________________________ _______________________________
 6

September 24, 2013

Dr. Efren S. Valiente, Ph. D.

Dean, Graduate School, CDU
Dr. P. V. Larrazabal Jr., Avenue
North Reclamation Area, Mandaue City
Cebu

In re: Dr. Rosetta F. Mante’s application for retirement.

Greetings:

Please be informed that Dr. Rosetta F. Mante has applied for retirement as member of the
faculty of this university last September 3, 2013. We have a copy of her application letter
attached as Annex “A” of this letter forming an integral part of this letter.

We are very sorry that we failed to furnish you a copy of the said application when our office
filed it before the Office of the University President.

With this note, Dr. Mante could not report back to work because other than her retirement
application, she is no longer physically capable of performing her duties as faculty member of
your university due to her difficulty in walking.

We hope that we have addressed your order for her to report back to work today.

Thanks.

Respectfully yours,

PAULINO B. LABRADO
Handling Counsel