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Republic of the Philippines

Province of Sorsogon
Sorsogon City
SANGGUNIANG PANLALAWIGAN
Capitol Compound, Sorsogon City

HON. HANJIE BUENAFLOR

Appellant, SP Administrative Case No. 2020-04
(Appeal on Administrative Case No. 02-2020 of the
Sangguniang Bayan of Magallanes, Sorsogon)
-versus- For: Gross Negligence of Duty, Abuse of Authority,
Willful Disobedience to Lawful Order

HON. AUGUSTO MANUEL M. RAGRAGIO

Appellee.
x ------------------------------------------------ x

POSITION PAPER
(For the Appellee)

COMES now the Appellee, through the undersigned Counsel, unto this
Honorable Body, most respectfully avers that:

PREFATORY STATEMENT

It is incumbent among public officials to keep themselves abreast of the

governing laws, rules and regulations affecting the performance of their
duties. They must set themselves as exemplars of lawful deeds being chosen
leaders of the constituents.

The month of March 2020 marked significantly in the world’s calendar.

This was due to the existence of vastly scary and fatal Corona Virus Disease or
the so-called COVID-19 pandemic that terminated thousands of lives. In the
Philippines, government units, agencies and their instrumentalities took
active part in disseminating information to deplete effects of Covid-19.
Sometime in April, 2020, there were many areas in Luzon which were placed
under Mandatory Enhanced Community Quarantine (MECQ) and Enhanced
Community Quarantine (ECQ) as COVID-19 cases rose. Sorsogon Province was
one of the areas placed on the latter category.

As necessary precautionary measures, the National Government has

widest campaign on proper handwashing, using face mask and face shields
and social distancing. Social activities and gatherings were likewise prohibited
to avoid spread of the virus. In fact, the Department of Interior and Local
Government (DILG) issued a Memorandum banning cockfights or sabong in
the Province of Sorsogon. Some Local Government Units, like LGU Magallanes,
issued an Executive Order banning any form of social gathering.

Local cockfighting called “tupada” held in the barangays every fiesta

celebration is common in the Philippines. Due to pandemic however, this
activity was temporarily banned in Sorsogon. In fact, during the meeting of the
League of Municipalities in the Philippines (LMP), Sorsogon Chapter held
sometime in April 2020, the Appellee in this case, Hon. Augusto Manuel M.
Ragragio, Mayor of Magallanes, Sorsogon personally consulted Governor Chiz
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Escudero on what to do with the “tupada” in Barangay Siuton, Magallanes,

Sorsogon and the good governor replied, “SAMPOLAN MO.”

Verily, the Appellee in this case, simply performed his duty and
exercised his power to implement the existing laws, rules and regulations of
the duly constituted authorities, especially during this time of pandemic.

NATURE OF THE CASE

1. This is an Appealed Case to this Honorable Body by the Respondent

to the cases filed before the Sangguniang Bayan of Magallanes,
Sorsogon. The Barangay Chairman of Siuton, Magallanes, Sorsogon,
Hon. Hanjie Buenaflor, was charged administratively for Gross
Negligence of Duty, Abuse of Authority, Simple Misconduct and
Willful Disobedience to the Lawful Order;

PARTIES TO THE CASE

2. The Appellant in this case is Hon. Hanjie Buenaflor, the incumbent

Barangay Chairman of Siuton, Magallanes, Sorsogon. He is of legal
age, married and a resident of Barangay Siuton, Magallanes,
Sorsogon; and,

3. The Appellee in this case is the Municipal Mayor of Magallanes,

Sorsogon, Hon. Augusto Manuel M. Ragragio. He is likewise of legal
age, married and a resident of Barangay Poblacion, Magallanes,
Sorsogon, where he could be served with notices and processes of
this Honorable Body;

FACTS OF THE CASE

4. On 26 June 2020, a complaint against Punong Barangay Hanjie

Buenaflor of Barangay Siuton, Magallanes, Sorsogon was filed by the
Appellee for the following cases: Gross Negligence of Duty,
Misconduct in Office, Abuse of Authority and Willful Disobedience to
a Lawful Order, committed through overt acts stated hereunder;

5. On 01 April 2020, despite the wide campaign of the government

against holding of cockfighting activities in lieu of Covid-19
pandemic, Punong Barangay Hanjie Buenaflor permitted and/or
tolerated to hold a cockfighting activity in his area of jurisdiction;

6. The police officers apprehended the said prohibited activity headed

by PCPT Neil Jasper O. Agnote, COP, Magallanes PNP. Motorcycles
and tricycles were recovered from the place in Barangay Siuton,
Magallanes, Sorsogon near the place where cockfighting was held.
For security reasons, PNP personnel immediately left the area and
entrusted the above-stated vehicles to Punong Barangay Hanjie
Buenaflor for safekeeping. Apprehending police officers instructed
PB Hanjie Buenaflor that the vehicles will be loaded in the trucks
coming from the municipal hall to impound the same in the PNP
headquarters. However, PB Hanjie Buenaflor released the vehicles to
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the owners thereof, who are cockfighting aficionados, wanting

instruction or order coming from the police officers to do so;

7. As Punong Barangay of Siuton, Magallanes, Sorsogon, PB Hanjie

Buenaflor was mandated by law to enforce ordinances, orders and
lawful orders in his area of jurisdiction. In this instant case,
permitting or tolerating to hold a cockfighting activity in his area of
jurisdiction while banning thereof was ordered by the government,
constitute Gross Negligence of Duty and Willful Disobedience to the
Lawful Order, i.e., banning cockfighting in view of the COVID-19
pandemic;

8. Moreover, the act of PB Hanjie Buenaflor of unloading from the truck

the loaded motorcycle and release the same together with other
pieces of evidence (motorcycles and tricycles) to the owners thereof
without the authority, instruction or order coming from the
apprehending police officers of Magallanes, Sorsogon, constitute
Misconduct in Office and Abuse of Authority. Attached in this
Position Paper are the Judicial Affidavits of OSCAR C. ROMANO and
ABEL M. BONZON, (marked as EXHBIT “E” and EXHIBIT “F”,
respectively to the attached copy of the Verified Complaint) the truck
driver and assistant who were tasked to pick up the tricycles and
motorcyles from the custody of PB Hanjie Buenaflor at Barangay
Siuton, Magallanes, Sorsogon;

9. The overt acts of PB Hanjie Buenaflor, being a Barangay Chairman,

constitute the cases as filed. In support thereof, attached to the
Verified Complaint are the testimonial evidence of PCPT Neil Jasper
O. Agnote, COP Magallanes PNP, Oscar C. Romano Jr., and Abel Malle
Bonzon, Judicial Affidavit of Pat. Ronil Leosala, Judicial Affidavit of Pat.
Severino Dulva Hagos. The Judicial Affidavits of the foregoing
witnesses will establish the fact that there was a cockfighting held at
Barangay Siuton, Magallanes, Sorsogon. The Attendance Sheets
during the meeting of the Liga ng mga Barangay are likewise
attached hereto. It proved that PB Hanjie Buenflor was present in
those meetings and he has personal knowledge of the ban for
cockfighting in the barangays because reminder about the same
subject matter was reiterated during the said meetings. Moreover,
attached to the Verified Complaint as evidence are the following:
DILG Advisory Banning Cockfighting or Sabong in Light of the Covid-
19 Threat issued by DILG Secretary Eduardo M. Añ o; Executive Order
of the Municipality of Magallanes in relation to prohibitions in
holding social gatherings, Police Blotter entry of PNP Magallanes, re:
Cockfighting at Barangay Siuton, Magallanes, Sorsogon on 01 April
2020 and Acknowledgment Receipt by the Provincial Prosecution
Office of the two (2) pieces One Hundred Peso Bill which was
recovered in the place where cockfighting was held. Cockfighting
cocks with guffs and pair of slippers were likewise recovered from
the place within the jurisdiction of Situon, Magallanes, Sorsogon;

10. It is worth emphasizing that prior the apprehension on 01 April

2020, the COP of PNP Magallanes, Jasper Neil O. Agnote, confirmed of
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having obtained verified reports that there were cockfighting

activities held in the same barangay on March 18, 2020, 29 March
2020 and 30 March 2020;

11. After the filing of the complaint before the Sangguniang Bayan of
Magallanes, Sorsogon, trial of the case ensued. Both parties were
given time to present their respective evidence;

12. On 4 November 2020, the Sangguniang Bayan of Magallanes,

Sorsogon reached into a Decision rendering a punitive suspension of
six (6) months to PB Hanjie Buenaflor, holding him liable for the
cases as charged;

13. Appended in this Position Paper are other supporting documents, for
immediate reference of this Honorable Body, to wit: (1) Municipal
Ordinance No. 02-2016 of Magallanes, Sorsogon, Prescribing the
Internal Rules and Procedures in Conducting Administrative
Investigation Against Elective Barangay Officials in the Municipality
of Magallanes, Sorsogon; (2) Resolution to the Administrative Case
No. 02-2020, issued by the Sangguniang Bayan of Magallanes,
Sorsogon dated 4 November 2020; (3) Resolution No. 117-2020,
entitled “A Resolution Ratifying and Confirming the Decision on the
Administrative Case No. 02-2020 filed by Complainant Municipal
Mayor Augusto Manuel M. Ragragio Finding Respondent Punong
Barangay Hanjie G. Buenaflor Liable for Gross Negligence of Duty,
Willful Disobedience to the Lawful Order, Simple Misconduct in
Office and Abuse of Authority; (4) Resolution No. 130-2020, entitled
“ A Resolution Requesting the Local Chief Executive, Municipal Mayor
Augusto Manuel M. Ragragio, to Effectively Implement the Decision
(Resolution) in Administrative Case No. 02-2020; and, (4)
Memorandum dated 26 November 2020, issued by Hon. Augusto
Manuel M. Ragragio pertaining to the implementation of the SB
Decision on Administrative Case No. 02-2020;

ISSUES TO BE RESOLVED

The issues to be resolved in this appealed case are as follows:

a. WHETHER OR NOT THE APPEAL BEFORE THIS

HONORABLE SANGGUNIANG PANLALAWIGAN IS
MERITORIOUS; AND,

b. WHETHER OR NOT THE DECISION RENDERED BY THE

SANGGUNIANG BAYAN OF MAGALLANES, SORSOGON
HOLDING BARANGAY CHAIRMAN HANJIE BUENAFLOR
LIABLE TO THE CASES “GROSS NEGLIGENCE OF DUTY,
SIMPLE MISCONDUCT, WILLFUL DISOBEDIENCE TO THE
LAWFUL ORDER AND ABUSE OF AUTHORITY” IS PROPER;

DISCUSSION
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The Appeal filed by the Respondent is of no Moment Wanting

Basis to Disturb the RESOLUTION of the Investigating Body
14. It is a basic rule in administrative cases that the required proof to sustain an
affirmative decision is a substantial evidence. In the case of Advincula vs. Dicen,
G.R. No. 162403, May 16, 2006, substantial evidence was well-explained thus-

“Substantial evidence is that relevant evidence as a reasonable mind might

accept as adequate to support a conclusion, even if other minds equally
reasonable might conceivably opine differently. The gauge of substantial
evidence is satisfied where there is reasonable ground to believe that the
petitioner is guilty of the act or omission complained of even if the evidence might
not be overwhelming.”

15. Upon careful perusal of the pieces of evidence presented by the complainant in
this case, which was in no way controverted by the respondent, the substantial
evidence was obtaining. The appellant failed to present controverted evidence to
prove that he was not negligent of his duties as Punong Barangay during that
fateful 01 April 2020 when a cockfighting activity was held in his area of
jurisdiction. His defense that he has no knowledge nor permitted nor tolerated a
cockfighting activity in his barangay during that day is a lame excuse. Moreover,
his defense that during that day he was manning the checkpoint in his barangay
did not help him in his case but rather gave hint in a reasonable mind of a
prudent man that he was involved in the cockfighting. If indeed he was one of
those manning the Barangay Checkpoint, then how come that those cockfighting
aficionados, riding in motorcycles and holding their game fowls, were able to
freely pass through the checkpoint where he was present? He could have
prevented them from passing through because it was evident in the given
circumstance that the same men will be engaged in a cockfighting activity, which
was prohibited by existing law and rule in light of Covid-19 pandemic;

16. The Appellant’s act of de-loading the flat-tired motorcycles from the responding
LGU-owned trucks aggravated his offense. He admitted this act during his cross-
examination. The said motorcycles and two (2) tricycles, parked at Sitio Sagpan,
Barangay Siuton, Magallanes, Sorsogon, were taken by police officers as a
matter of evidence that there were group of men who used and rode on that
motorcycles. The same were entrusted to the Appellant for temporary care while
the truck from LGU, as requested by police officers, has yet arrived. Instead of
taking heed to the instruction of the police officers, herein Appellant made his
own decision and released the motorcycles to the owners. He contended that the
same were illegally seized by police officers hence he was not in a position to
follow. The determination however as to whether the seized motorcycles were
legal or not is not within the Appellant’s powers. As a responsible Barangay
Chairman, he could have refused from accepting temporary care and custody of
the seized motorcycles and tricycles if in his opinion he was not in the position to
take temporary custody thereof. Instead of refusing, he took responsibility over
the same vehicles hence common sense dictates he was in conformity to the
decision of the police officers. Releasing the same, without the order or
instruction from the authorized officers, and de-loading a loaded motorcycle from
the truck constitute Abuse of Authority by the Appellant;

17. On the other hand, the Appellant contends that the case must have been
dismissed by the Sangguniang Bayan because of lack of merit. He even averred
that the Provincial Prosecution dismissed the criminal case filed in relation
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thereto for lack of probable cause hence the same must be dismissed by the
Honorable Sangguniang Bayan. It is obvious that the case is meritorious based
on evidence presented by the complainant. It bears stressing that it is a well-
settled rule based on law and jurisprudence that the dismissal of the criminal
case shall not bar from filing an administrative case and vice versa. The rationale
is quite apparent, the evidence required in the conviction or liability of the
respondent from one is different from the other. The criminal case requires
evidence which must be a proof beyond reasonable doubt while the
administrative case simply requires substantial evidence. Moreover, the nature of
the case, the essence and punishment imposed were quite different. Hence, the
contention of the Appellant is misguided;

HOLDING PUNONG BARANGAY HANJIE BUENAFLOR LIABLE TO THE

CHARGES AND CONSEQUENTLY SUSPENDING HIM FOR SIX (6) MONTHS IS
PROPER

18. Res ipsa loquitor. The pieces of evidence presented by the complainant were
sufficient for a reasonable mind to conclude that the Appellant is liable to the
charges against him. The Appellant’s insinuation that the majority Members of
the Sangguniang Bayan were influenced by their political boss to hold the former
liable for the charges is like a sugar sprinkled to a bitter pill that he must
inevitably swallow. The Appellant, from the deepest part of his conscience,
knows the truth that he was engaged in that cockfighting hence he must take the
responsibilities and consequences anent thereto;

19. The other contentions and assertions of the Appellant in his Brief are irrelevant,
immaterial and unsubstantiated hence must not have any room in a responsive
argument;

20. Politics is a fashionable and elegant art of governance which must always be
exercised with great caution and respect to the existing laws, rules, regulations,
and orders of the duly-constituted authorities. We are citizens in a society
governed by laws and not of men. Verily, no one is above the law. Dura lex, sed
lex. It may be hard for the Appellant to accept the fact that he has to face a
disciplinary action because of his negligence and remiss of the prevailing order
banning cockfighting but he has to face the truth that the law always reigns;

21. In view of the foregoing, there is no cogent reason to reverse the Decision of the
Sangguniang Bayan in lieu of the above-captioned cases and suspending PB
Hanjie Buenaflor for six (6) months;

PRAYER

WHEREFORE, premises considered, Appellee respectfully prays of this

Honorable Sangguniang Panlalawigan that the RESOLUTION of the Sangguniang
Bayan of Magallanes, Sorsogon, dated 4 November 2020, Resolution No. 117-2020,
entitled “ A RESOLUTION RATIFYING AND CONFIRMING THE DECISION ON THE
ADMINISTRATIVE CASE NO. 02-2020 FILED BY COMPLAINANT MUNICIPAL
MAYOR AUGUSTO MANUEL M. RAGRAGIO FINDING RESPONDENT PUNONG
BARANGAY
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HANJIE G. BUENAFLOR LIABLE FOR GROSS NEGLIGENCE OF DUTY, WILLFUL

DISOBEDIENCE TO THE LAWFUL ORDER, SIMPLE MISCONDUCT AND ABUSE OF
AUTHORITY”, be affirmed in toto;
Other reliefs and remedies just and equitable under the premises are likewise prayed.

Most respectfully submitted.

23 December 2020, Sorsogon City, Sorsogon, Philippines.

RELINA D. ARELLANO
Counsel for the Appellee
120 MH del Pilar St., Talisay, Sorsogon City
Roll No. 68134, May 30, 2017
IBP O.R. No. 099262, Sorsogon Chapter
PTR O.R. No.7615636, Sorsogon, Sorsogon City
MCLE Comp. No. VI-0027428, valid until 4/14/2022
#120 MH del Pilar St., Talisay, Sorsogon City
E-mail address: relina2608arellano@gmail.com

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, AUGUSTO MANUEL M. RAGRAGIO, of legal age, Filipino, married, with residence

and postal address at Barangay Poblacion, Magallanes, Sorsogon, after having been
duly sworn to in accordance with law, hereby depose and state that:

1. I am the APPELLEE in the above-captioned case;

2. I cause the preparation of the foregoing Position Paper for the Appellee;

3. I have read the allegations contained therein and hereby certify that they are true
and correct based on my personal knowledge and on the true records of the case on
hand;

4. I hereby certify that I have not filed or caused to be filed any other case or
proceeding involving the same issues or subject matter in the Supreme Court, the Court
of Appeals, or any other Court, tribunal or quasi-judicial agency, and to the best of my
knowledge, no such action or claim is pending therein;

5. Should hereafter I learn that there is a similar case pending before any such Courts,
tribunal or agency, I undertake to report such fact to this agency within five (5) days
from such knowledge;

IN WITNESS WHEREOF, I hereunto affixed my signature this 23 rd

day of December, 2020.
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AUGUSTO MANUEL M. RAGRAGIO

Affiant/Appellee

SUBSCRIBED AND SWORN to before me this ________________________ at the

City of Sorsogon, Province of Sorsogon, Philippines, affiant is personally known to me to
be the same person who executed the foregoing Certification and Verification.

Doc No.______;
Page No._____;
Book No._____;
Series of 2020.

COPY FURNISHED:

ATTY. JOVEN G. LAURA

Counsel for the Appellant
Seabreeze Homes, Cabid-an
Sorsogon City
4700 Sorsogon

EXPLANATION: Service of this pleading is done via registered mail for lack of messenger to
effect personal service. Thank you very much.

RELINA D. ARELLANO