Ms. escobar complaint PDF

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Republic of the Philippines Province of Cagayan City of Tuguegarao CIVIL SERVICE COMMISSION Regional Office 02 San Gabriel, Tuguegarao City, CagayanMITOS CORSINO ESCOBAR Administrative Case No. _________ and ANGELA S. RAFAEL Complainants, -versus-MS. ANALIZA M. MARCIANORespondent. X-----------------...

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Republic of the Philippines Province of Cagayan City of Tuguegarao CIVIL SERVICE COMMISSION Regional Office 02 San Gabriel, Tuguegarao City, Cagayan

MITOS CORSINO ESCOBAR and ANGELA S. RAFAEL Complainants, -versus-

Administrative Case No. _________

MS. ANALIZA M. MARCIANO Respondent. X------------------------------------X

FOR: UNPROFESSIONAL OR DISHONORABLE CONDUCT and CONDUCT PREJUDICIAL TO PUBLIC INTEREST

COMPLAINT-AFFIDAVIT COME NOW, COMPLAINANTS, unto this Honorable Office most respectfully allege and state that: PREFATORY STATEMENT The preamble of the Code of Ethics for Professional Teachers of the Philippines clearly states that: “Teachers are duly licensed professionals who possess dignity and reputation with high moral of values as well as technical and professional competence in the practice of their noble profession, and they strictly adhere to, observe, and practice this set of ethical and moral principles, standards and values.” (emphasis supplied) THE PARTIES 1. Complainant MITOS CORSINO ESCOBAR is of legal age, married, Filipino Citizen residing at Nangalisan, Solana, Cagayan where she can be sent with legal processes and orders of this office; 2. Complainant ANGELA S. RAFAEL is of legal age, married, Filipino Citizen and a resident of Basi West, Solana, Cagayan where she can be sent with legal processes and orders of this office; 3. Respondent is of legal age, Filipino Citizen, licensed elementary teacher of Tuguegarao West Central School (TWCS for brevity) and

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a resident of Ugac Sur, Tuguegarao City, Cagayan where she can be sent with legal processes, subpoena and orders;

STATEMENT OF FACTS 1. On November 13, 2016, Complainants have extended a loan to MS. ANALIZA MARCIANO (Ms. Marciano for brevity), herein respondent in the amount of Forty Thousand Pesos (PHP40,000.00) each as reflected in the Certification from Barangay Basi, West, Solana, Cagayan which is hereto attached as ANNEX “A”; 2. As an additional evidence of her obligation, Ms. Marciano issued a promissory note dated December 16, 2016 to complainant ANGELA S. RAFAEL and stated in the said document that she will settle her obligations the following week from the date of issue of the Promissory Note which is hereto attached as ANNEX “B”; 3. When Ms. Marciano promised date to pay has come to complainant ANGELA S. RAFAEL, she still defaulted from paying and instead, on March 06, 2017, she promised that the payment shall be paid on March 31, 2017 (ANNEX “C”); 4. Because she remised in her promises to ANGELA S. RAFAEL and she is not responding to all her messages and calls, she issued Ms. Marciano a Demand Letter on September 28, 2017 (Annex “D”); 5. While on the other hand, when the respondent failed to pay complainant MITOS CORSINO ESCOBAR, she filed a case against her at MCTC, Solana, Cagayan denominated as Civil Case NO. 074 for Collection of Sum of Money on July 17, 2017 after having gone through all the jurisdictional (ANNEX “E”); 6. Because of the case filed by complainant MITOS CORSINO ESCOBAR, Ms. Marciano entered into a Compromise Agreement with her and thereto, she promised to pay Two Thousand Pesos (PHP2,000.00) per quincena which the court approved through judgment based on a Compromise Agreement dated August 15, 2017 (ANNEX “F”); 7. Despite order of the court, Ms. Marciano did not comply with the Compromise Agreement, hence complainant MITOS CORSINO ESCOBAR filed a Motion for Execution on September 18, 2017 (ANNEX ‘G”);

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8. The Motion for Execution was approved by the Court on October 02, 2017 through Writ of Execution, the dispositive portion of which reads, “WHEREFORE, premises considered, the Court finds the Motion welltaken and the same is hereby granted” (ANNEX “H”); 9. Despite of the foregoing Orders of the Honorable Court, Ms. Marciano incessantly disobeyed court orders by not complying with her obligations; 10. When complainants had a chance to talk to Ms. Marciano, she was not cooperative and adamantly refusing the payment of her loan. Hence, personal conversation with her became futile; 11. To protect their interest, they went to TWCS on November 13, 2017 and intended to approach the principal of the said school in order to seek help in persuading Ms. Marciano to pay her obligation; 12. On the same day, complainants MITOS CORSINO ESCOBAR and ANGELA S. RAFAEL happened to meet together in TWCS and their purpose in coming to the said school is to demand Ms. Marciano for the payment of the same; 13. While waiting for the principal, Ms. Marciano approached and informed them that the principal is not around and stated bluntly that, “Bakit niyo pinapahaba yung issue?”; 14. Complainants said in reply, “anong pinapahaba yung issue, ikaw nga itong hindi sumasagot sa mga tawag at mga texts namin tuwing nagdedemand kami ng bayad mula sa iyo”; 15. Ms. Marciano in return pointed her finger to them and said with high and loud voice, “Huwag niyo akong sinusubukan, sa tingin niyo hindi ko kayo kilalang dalawa? Yung mga pinapautang niyo ay galing sa illegal na gawain. Try niyo ulit pumunta dito sa school at ipapapulis ko kayo!” Because she is shouting at the complainants, the pupils went out from their rooms to see the fuss happening between them; 16. Despite the fact that some of the pupils of the said school were already watching us, she continued talking in her loud voice and said, “tapos na yung agreement!”. She was referring to the agreement made in a Motion for Execution after the Order of the court directing her to pay her obligation;

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17. Complainant MITOS CORSINO ESCOBAR said in reply, “Anong agreement? Hindi ka tumupad sa Motion for Execution. Ikaw Annie, palagi ka nalang nagpapromise at pinapapunta mo kami dito buwanbuwan dahil sinasabi mong magbabayad ka pero hanggang ngayon, hindi ka pa rin nagbabayad”; 18. The OIC principal came to pacify and said, “Hindi niyo maaayos yung issue niyo kung hindi kayo pupunta sa tamang awtoridad kasi madami na ang mga kagaya niyo na pumunta na dito pero hindi din makabayad si Ms. Marciano”; 19. Then the OIC principal said to Ms. Marciano, “Kelan mo sila mababayaran?” Ms. Marciano answered with a loud voice, “Matapos nila akong pahiyain,hindi ko na sila babayaran” and she walked out; 20. Since the issue was not resolved, complainants consequently went to her parents’ house; 21. They narrated the whole story to her father from the very start that she borrowed money from them; 22. Her father replied, “Sa totoo lang, marami akong naririnig na taong naniningil sa mga utang niya. Simula nung nagging teacher siya, wala siyang pinakita na payslip sa akin”; 23. One time complainant MITOS CORSINO ESCOBAR happened to see Ms. Marciano in the house of Nida playing cards and she was into gambling. So just to get a hint to his father, she told him that maybe Ms. Marciano was into gambling; 24. And her father replied, “kaya siguro palagi silang late umuuwi ng kanyang asawa at merong minsan na dinala niya ako sa isang lugar kung saan merong sugal at binigyan niya ako ng Five Thousand (PHP5,000.00) na capital at nung natalo ako, binigyan niya ako muli ng Five Thousand (PHP5,000.00)”; 25. Complainants said to her father, “gusto lang namin na ipaalam sa inyo yung nagyayari at sana makinig sa inyo ang inyong anak. Pakisabi nalang po kay Ms. Marciano na kung sakaling may maningil sa kanya, huwag sana siyang magtaas ng boses, dapat magpakumbaba siya kasi siya na itong nakautang” and his father said “Yes, ma’am.”;...