June 8, 2022

MR. WILFREDO E. CABRAL

Regional Director, DepEd NCR
Officer-in-Charge, Office of Undersecretary
Human Resource and Organizational Development

Dear Sir,

Courteous and cordial greetings!

The Civil Service Commission always reminds us that "As public officials and employees, we have the
duty of protecting not only our integrity but also that of the government. We owe it to the Filipino
people to have integrity. It means we cannot be bribed, bought, swayed, coerced, or made to do
something that does not adhere to the highest moral standards”. But I strongly believe that these
guidelines set by the honorable committee intentionally disobeyed in San Francisco High School.

FACTS OF THE COMPLAINT

March 26, 2022- (Thursday), San Francisco High School Principal DR. EDNA V. BAŇAGA along with its
eighteen (18) teaching and administrative personnel left the school for a supposed unofficial
“Benchmarking” on Sabang National High School at Polilio, Quezon Province. Eighteen (18) school
workforce left their mandated duties for two (2) days with the permission of the school head.

March 28, 2022- For clarification, I asked our principal through our official Group Chat regarding the
said unofficial trip and she responded and confirmed that it was an unofficial trip of eighteen school
personnel which they have filed and approved two weeks prior the benchmarking activity.

March 31, 2022 - Daily time records (DTR) of school personnel who were supposed to be “absent”
since they have allegedly filed their form 6 reflects that they have timed in and were present on the
school biometric attendance but did not write their name on the attendance logbook.
March 31, 2022 - Teaching personnel who were on the said benchmarking activity deliberately erased
their time in on the said date and submitted their DTRs with antedate form 6.

June 2, 2022 – DR. EDNA V. BAŇAGA requested teachers with erasures in DTRs to ask the school clerk
to reprint their Daily Time Record.

June 3, 2022 – I was invited to the office of the school principal. It was there where MRS. BAŇAGA
herself trying to convince me that the group of school personnel on the benchmarking trip filed their
leave of absence before the date because of their personal reason and not because of the said
benchmarking activities.
 COMPLAINT AFFIDAVIT

Because of the aforementioned facts, I would like to formally file a complaint regarding the incident.
I strongly believe that there was a conspiracy between the School Principal and the school personnel
who joined the said unofficial benchmarking activity to cover up grave mistakes. It is obvious that the
trip was purely for personal leisure and as government employees, we must always act with honesty
and integrity at all costs and without compromising our vested duties and responsibilities we have
sworn as public servant.

The Supreme Court ruled over Ombudsman vs. Torres (GR No. 168309 dated January 29, 2008)
regarding the deliberate tampering of Daily Time Record:

[I]t is a basic principle of the law on public officers that a public official or employee is under a three-
fold responsibility for violation of a duty or for a wrongful act or omission. This simply means that a
public officer may be held civilly, criminally, and administratively liable for a wrongful doing. Thus, if
such violation or wrongful act results in damages to an individual, the public officer may be
held civilly liable to reimburse the injured party. If the law violated attaches a penal sanction, the erring
officer may be punished criminally. Finally, such violation may also lead to suspension, removal from
office, or other administrative sanctions. This administrative liability is separate and distinct from the
penal and civil liabilities. x x x

Likewise, it is also supported by the rule of the Civil Service Commission regarding the DTR:

Falsification in an official document such as the DTR is considered a grave offense under CSC
Revised Uniform Rules and is penalized with dismissal for the first offense. It is also punishable as
a criminal offense under Article 171 of the Revised Penal Code.

Article 171(2) of the Revised Penal Code, enumerating the elements that the prosecution
must prove to be held criminally liable for the crime of falsification of public documents: (1)
that the offender is a public officer, employee, or notary public, (2) that he takes advantage
of his official position, (3) that he falsifies a document by causing it to appear that persons
have participated in any act or proceeding, and (4) that such person/s did not in fact so
participate in the proceeding.
The words uttered by the school principal assuring the San Francisco High School Community that all
school personnel who joined her to the benchmarking activity filed their leave of absence (Form 6)
two (2) weeks before the trip transpires dishonesty because I have personally witnessed that the form
6 was filed together with the DTRs on May 31st. The Form 6 was antedate and photographic evidence
can prove that it was never been filed prior. This is tantamount to a violation of CSC MC 13, S. 2021:
Revised Rules on Administrative Offense of Dishonesty as the memorandum clearly defined
dishonesty as follows:

“Section 1. Definition of Terms.

a. Dishonesty – refers to the concealment or distortion of truth, which shows lack of integrity
or a disposition to defraud, cheat, deceive or betray and an intent to violate the truth. In
ascertaining the intention of a person accused of dishonesty, consideration must be taken
not only of the facts and circumstances which gave rise to the act committed by the
respondent, but also of his /her state of mind at the time the offense was committed, the
time he/she might have had at his/her disposal for the purpose of meditating on the
consequences of his/her act, and the degree of reasoning he/she could have had at that
moment.”

Aggravating circumstances will make this dishonesty violation fall under the parameter of Serious
Dishonesty as defined in the similar CSC Memorandum which written as follows:
“Section 3. Circumstances Constituting the Administrative Offense of Serious Dishonesty.
The presence of any one of the following attendant circumstances in the commission of the
dishonest act constitutes the administrative offense of Serious Dishonesty:
a. The dishonest act caused serious damage and grave prejudice to the government
such as when the integrity of the office is tarnished, or the operations of the office
are affected.
b. The respondent gravely abused his/her authority in order to commit the
dishonest act.
c. Where the respondent is an accountable officer, the dishonest act directly
involves property, accountable forms or money for which he/she is directly
accountable and the respondent shows an intent to commit material gain, graft
and corruption.

g. Other analogous circumstances.

Guidelines governing similar activities is clearly mentioned in DepEd Order No. 22, S. 2019: Guideline
on Official Local Travels in the Department of Education. It is clearly stipulated on the said DepEd
Order that pertinent documents must be secured first. Thus, making the benchmarking activity
unofficial.

V.
C. Procedures and Supporting Documents for Securing Travel Authority, Cash Advance and
Payment of Claims for Official Local Travels
1. The official or employee concerned shall accomplish and submit an Authority to Travel
Form not later than three (3) working days prior to the event together with the following
supporting documents to the office of the signing/ approving authority/ies for consideration
and approval:
a. Signed Memorandum / Letter / Order/ Invitation or other communication relevant to
the DepEd or Non-DepEd activity or event for the purpose of being the participant/ guest
/ resource person/ lecturer or visitor;
b. Approved AR / ATC, or Proof of Source of Funds to signify that funds are earmarked for
the travel expenses to be incurred; and
c. Itinerary of Travel

Moreover, since DR. BAŇAGA herself admitted that the Benchmarking Activity in Polilio, Quezon is an
“unofficial” activity, therefore, any expenses of the said activity shall not be covered by public funds
entrusted to San Francisco High School and the host school in Quezon Province.
The crime of malversation of public funds is defined and penalized under Article 217 of
the Revised Penal Code, as amended, as follows:
Article 217. Malversation of public funds or property. – Presumption of malversation. –
Any public officer who, by reason of the duties of his office, is accountable for public
funds or property, shall appropriate the same, or shall take or misappropriate or shall
consent, or through abandonment or negligence, shall permit any other person to take
such public funds or property, wholly or partially, or shall otherwise be guilty of the
misappropriation or malversation of such funds or property shall suffer:

xxxx
 4. The penalty of reclusion temporal in its medium and maximum periods, if the amount
involved is more than twelve thousand pesos but is less than twenty-two thousand
pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its
maximum period to reclusion perpetua.

Furthermore, there is also probable cause of action for Grave Abuse of Authority since Dr. Banaga as
she used her authority to permit the leave of absence of large number of school personnel at the same
time for just personal reason (leisure) which affects the function of the institution. Grave Abuse of
Authority is defined by Civil Service Commission as follows:

Grave Abuse of Authority – means the use of authority in a wantonly and capriciously
excessive and extravagant manner contrary to law or rule for which such authority is given.

With this light, I would like to formally file a complaint about the abovementioned violations and
promise to cooperate with your good office in resolving these issues. I am looking forward for your
immediate action on this matter. You may contact me at your most convenient time at 0923-1801388
/ [email protected].

Attached herewith are photographs and screenshots that will serve as prima facie evidence to support
my complaints for your reference.

Thank you very much for your time reading and attending this letter.
God bless you!

Truly yours,

MARIPAZ A. CALVERO
Teacher / Complainant
’