Republic of the Philippines] Marawi City ]

AFFIDAVIT-COMPLAINT I, ARMINA GUILING DIDA-AGUN, of legal age, married and a resident of 141 AM Raya Madaya I, Marawi City, after having been sworn to an oath in accordance with law, do hereby depose and say: 1. That I am filing a complaint against MACAPADO A. MUSLIM, SAID M. MAKIL, BULINGAN SAMPORNA HADJI SIRAD, TANTUA A. MUSUR, and NASSER ANDAM all of legal ages and with office address at the Office of the MSU President, Administrative Building, MSU Campus Marawi City for a crime which was committed as follows: That MACAPADO MUSLIM is the president of Mindanao State University, SAID M. MAKIL is the Director of Human Resource and Development, BULINGAN SAMPORNA HADJI SIRAD is the Officer-in-Charge of the MSU LNCAT, TANTUA MUSOR is the Acting Director for Administration and Finance of MSU LNCAT and NASSER ANDAM is the Presidential Management Staff of the MSU President; That I am the complainant of the Criminal Case with NPS Docket No. XIV-06INV-10A-00013 against MACAPADO A. MUSLIM, SAID M. MAKIL, BULINGAN SAMPORNA HADJI SIRAD and TANTUA A. MUSUR, which was received before the Office of the City Prosecutor of Marawi city dated January 20, 2010, for violation of RA 6713 and attached hereto and marked as Annex A is a copy of my Affidavit-Complaint; 5. That I am the Complainant of the Criminal Case with NPS Docket No. XIV06-INV-10A-00013 against MACAPADO A. MUSLIM, SAID M. MAKIL, BULINGAN SAMPORNA HADJI SIRAD and TANTUA A. MUSUR, all of legal ages and with office address at MSU Administrative Building, MSU Campus, Marawi City for violation of RA 6713 which was received before the Office of the City Prosecutor of Marawi City on January 20, 2010. Attached hereto and marked as Annex A is a copy of my Affidavit - Complaint; 6. That the Respondents of the subject Criminal Case are all Public Officers and Macapado Muslim belongs to salary grade 27 above which is under the jurisdiction of the Sandiganbayan; 7. That ATTY. LACSASA M. MACABANGON is the City Prosecutor of Marawi City; 8. That on February 19, 2010, the Respondents through the University Chief Legal Counsel Atty. Alizedney M. Ditucalan submitted their Counter-Affidavit before the Office of the City Prosecutor of Marawi City and attached hereto as Annex B 9. That on July 5, 2010, the Honorable Office of the City Prosecutor of Marawi City issued the First Resolution of this subject case that Respondent DR. MACAPADO A. MUSLIM has violated Republic Act No. 6713 and an information was about to be filed at the proper court and attached hereto as Annex C;
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10. That on July 16, 2010, the respondent through counsel, submitted a Motion for Reconsideration of the subject Resolution before the Office of the City Prosecutor and attached hereto as Annex D; 11. That a Motion to Admit Additional Evidence enclosing therein the Affidavit of NASSER M. ANDAM, subscribed by ATTY. MACACUNA MOSLEM on August 27, 2010 was consequently filed at the Office of the City Prosecutor without a date when it was actually received at the Office of the City Prosecutor of Marawi and attached hereto as Annex E; 12. That on September 20, 2010, the Honorable Office of the City Prosecutor of Marawi issued a Second Resolution which REVERSED their first Resolution dated July 5, 2010 and DISMISSED the subject case and attached hereto as AnnexF; 13. That on October 14, 2010, the complainant through her counsel late ATTY. CADAR OMAR submitted a Motion for Reconsideration of the Second Resolution of the Honorable Office of the City Prosecutor of Marawi City dated September 20, 2010 and attached hereto as Annex G; 14. That on September 28, 2011, the Complainant personally received a copy of the Third and Final Resolution of the subject case by the Honorable Office of the City Prosecutor of Marawi City DISMISSING the Criminal Case with NPS Docket No. XIV-06-INV-10A-00013 without the approval of the Honorable Office of the Ombudsman dated August 23, 2011 and attached hereto as Annex H; 15. That on October 7, 2011, the complainant filed a Petition for Review of the subject case before the Department of Justice, Manila and attached hereto as AnnexI 16. That Atty. Lacsasa Macabangon did not course through the subject case before the Honorable Office of the Ombudsman despite respondents violation of Republic Act No. 6713 otherwise known as the Code of Ethical Standards of Government Officials and Employees which is cognizable by the Sandiganbayan; 17. That ATTY. LACSASA M. MACABANGON has violated Article 208. (Prosecution of offences; negligence and tolerance), Section 1, Chapter 2, Title VII, Book II of the Revised Penal Code; That I am praying before this Honourable Office of the Ombudsman to conduct proper investigation and the immediate resolution of my case and other equitable relief under the premises are likewise prayed for; That I am executing this affidavit to attest to the veracity of the foregoing facts in order that appropriate offences be filed against respondent ATTY. LACSASA M. MACABANGON.

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IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of January, 2012 in Marawi City, Philippines.

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ARMINA GUILING DIDA-AGUN Cellphone # 0919-3004895 Complainant

SUBSCRIBED AND SWORN to before me this ________day of January 2012 with Residence Certificate No. ______________ issued on ______________________ Issued at ___________________, Philippines.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING Republic of the Philippines) City of Marawi ) S.S. I, ARMINA GUILING DIDAAGUN, of legal age, Filipino and a resident of 141 AM Raya Madaya I, Marawi City, after having been duly sworn to an oath in accordance with law, do hereby depose and say: 1. That I am the complainant in the above-entitled case; 2. That I caused the preparation of the Complaint; have read its contents and all the allegations therein contained are true and correct of my own personal knowledge and based on authentic documents; 3. That I hereby certify that I have not commenced any action or proceedings before the supreme court, Court of Appeals, or any Division thereof, or before any other tribunal or agency involving the same issues; that to the best of my knowledge, no such other action or proceeding, is commenced or pending before any of the above-mentioned courts, tribunal or agency and that if I should thereafter learned that a similar action has been filed or is pending before the aforementioned courts or tribunal, I undertake to inform this honourable office of such fact within five (5) days from notice thereof. IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of January 2012 in Marawi City, Philippines.

ARMINA GUILING DIDA-AGUN Cellphone # 0919-3004895 Complainant

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SUBSCRIBED AND SWORN to before me this ________day of January 2012 with Residence Certificate No. ______________ issued on ______________________ Issued at ___________________, Philippines.

JURISDICTION OF SANDIGANBAYAN The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision from the 1973 Constitution to RA 8249 of 1997. Before RA 8249, jurisdiction of the Sandiganbayan was determined on the basis of the penalty imposable on the offense charged. Then, it was amended such that regardless of the penalty, so long as the offense charged was committed by a public officer, the Sandiganbayan was vested with jurisdiction. Under RA 8249, to determine whether the Sandiganbayan has jurisdiction, lawyers must look into two (2) criteria, namely: The nature of the offense and The salary grade of the public official.

Thus, Sec.4 of RA 8249 provides that the Sandiganbayan shall have original exclusive jurisdiction over: I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law); II.) RA 1379 (Forfeiture of Illegally Acquired Wealth); III.) Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII, Bk. II of the RPC (Crimes committed by Public Officers) namely: a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985; b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985; c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13, 1993; d) Corruption of public officials under Art. 212 where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense: 1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 Republic Act No. 6758) specifically including: a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, provincial treasurers, assessors, engineers and other provincial department heads; b) City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers, assessors, engineers and other department heads; c) Officials of the diplomatic service occupying the position of consul and higher; d) Philippine Army and Air force colonels, naval captains and all officers of higher rank; e) Officers of the PNP while occupying the position of Provincial Director and those holding the rank of Senior Superintendent or higher;
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f) City and provincial prosecutors and their assistants; officials and the prosecutors in the Office of the Ombudsman and special prosecutor ; g) President, directors or trustees or managers of government owned or controlled corporations, state universities or educational institutions or foundations; 2) Members of Congress and Officials thereof classified as Grade 27 and up under the Compensation and Classification Act of 1989; 3) Members of the Judiciary without prejudice to the provision of the Constitution; 4) Chairmen and members of Constitutional Commissions, without prejudice to the provision of the Constitution; 5) All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989. IV.) Other offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned above; V.) Civil and Criminal Cases filed pursuant to and in connection with EO 1, 2, 14 & 14-A issued in 1986 VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari, habeas corpus, injunction and other ancillary writs and processes in aid of its appellate jurisdiction; Provided, jurisdiction is not exclusive of the Supreme Court VII.) Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed under EO 1, 2, 14 & 14- A VIII.) OTHERS provided the accused belongs to SG 27 or higher: a.) Violation of RA 6713 - Code of Conduct and Ethical Standards b.) Violation of RA 7080 - THE PLUNDER LAW c.) Violation of RA 7659 - The Heinous Crime Law d.) RA 9160 - Violation of The Anti-Money Laundering Law when committed by a public officer e.) PD 46 referred to as the gift-giving decree which makes it punishable for any official or employee to receive directly or indirectly and for the private person to give or offer to give any gift, present or other valuable thing on any occasion including Christmas, when such gift, present or valuable thing is given by reason of his official position, regardless of whether or not the same is for past favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition is the throwing of parties or entertainment in honor of the official or employee or his immediate relatives. f.) PD 749 which grants immunity from prosecution to any person who voluntarily gives information about any violation of Art.210, 211 or 212 of the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of the Customs and Tariff Code and other provisions of the said Codes penalizing abuse or dishonesty on the part of the public officials concerned and other laws, rules and regulations penalizing graft, corruption and other forms of official abuse and who willingly testifies against the public official or employee subject to certain conditions.

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It should be noted that private individuals can be sued in cases before the Sandiganbayan if they are alleged to be in conspiracy with the public officer. The Sandiganbayan is vested with Appellate Jurisdiction over final judgments, resolutions or orders of the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by public officers below Salary Grade 27.

1. That I am the complainant of a criminal case with NPS Docket No. XIV-06INV-09H-00075 against BULINGAN SAMPORNA HADJI SIRAD, BAYLO SUMAYAN CABILI, TANTUA A. MUSUR and CASANA SERAD all of legal ages and with office address at MSU-LNCAT, Saduc, Marawi City for Malversation of Public Funds which was received before the Office of the City Prosecutors of Marawi City on August 19, 2009. Attached hereto and marked as Annex A is a copy of my Affidavit-Complaint; 2. That on September 15, 2009, I received personally a copy of their Joint Counter- Affidavit through counsel at the Office of the City Prosecutors of Marawi City and attached hereto as Annex B; 3. That on October 15, 2009, I tender my Reply-Affidavit before the Office of the City Prosecutors of Marawi City and attached hereto as Annex C; 4. That on November 13, 2009, the Office of the City Prosecutors of Marawi City issued a Resolution that BULINGAN SAMPORNA HADJI SIRAD, BAYLO SUMAYAN CABILI, TANTUA A. MUSUR and CASANA SERAD had Committed a Crime of Illegal Use of Public Funds or Property punishable by law under Article 220 of the Revised Penal Code and attached hereto as Annex D;

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5. That on December 16, 2009, an Information was filed in court against the accused BULINGAN SAMPORNA HADJI SIRAD, BAYLO SUMAYAN CABILI, TANTUA A. MUSUR and CASANA SERAD for Violation of Article 220 of the Revised Penal Code (Malversation of Public Funds or Property) and attached hereto as Annex E; 6. That on December 16, 2009 also, the accused through counsel file a Motion to Defer Proceedings on this CRIMINAL CASE NO. 6169-09 and attached hereto as Annex F; 7. That on January 4, 2010, HONORABLE JUDGE RASAD G. BALINDONG of RTC 12th Judicial Region Branch 8 issued an order for the suspension of the proceedings of the subject case pending Resolution by the Department of Justice of their PETITION FOR REVIEW they intended to file in due time and attached hereto as Annex G;
8. That on November 4, 2010, HONORABLE JUDGE GAMOR B. DISALO of

RTC 12th Judicial Region Branch 8 ordered for the re-instatement of the subject case for reason that in spite of the accused prayer for deferment dated December 17, 2009 on the ground that they intend to file a PETITION FOR REVIEW at the Department of Justice in due time but until November 04, 2010, the accused failed to furnish the Court of the said Petition for Review and attached hereto as Annex H; 9. That on November 11, 2010, the court issued WARRANT OF ARREST and attached hereto as Annex I; 10. That on November 12, 2010, a subsequent order of the court was issued to RECALL THE ISSUED WARRANT OF ARREST on November 11, 2010 due to the Memorandum with Urgent Motion to Recall Warrant of Arrest attaching therein alleged Appeal under NPS 2000 filed by the accused and attached hereto as Annex J; 11. That on September 8, 2011, the Department of Justice issue a RESOLUTION DISMISSING the Petition for Review filed by the Respondents-Appellants and attached hereto as Annex K;

12. That on December 7, 2011, the subject case was ARRAIGNED before the RTC 12th Judicial Region Branch 8 and subsequently the PRE-TRIAL was scheduled on January 23, 2012; 13. That until this date the respondents Public Officials have not yet been suspended because according to the investigating public prosecutor, ATTY. FLERIDA AISAH BOLOTO - MACARAYA, she cannot file a motion to suspend the respondents because it is only the HONORABLE OFFICE OF THE OMBUDSMAN has the authority to suspend the accused, hence this complaint; 14. That since July 2009 up to the present, the respondents withheld my salary with out just cause; 15. That I am praying before this Honourable Office of the Ombudsman to conduct proper investigation of my case and appropriate remedies be made relative to the ADMINISTRATIVE ASPECT of my case. Most Importantly, I am requesting that the respondents be issued with preventive suspension pursuant to section 13, Article 212, Title VII, Book II of the Revised Penal Code. Second, I also prayed before this Honourable Office of the

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Ombudsman that the respondents be ordered to pay for my salary which they withheld unjustly starting July 2009 to the present. 16. That I am executing this affidavit to attest to the veracity of the foregoing facts in order that the ADMINISTRATIVE ASPECT of this CRIMINAL CASE NO. 6169-09 be filed against respondents. IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of January, 2012 in Marawi City, Philippines.

ARMINA GUILING DIDA-AGUN Cellphone # 0919-3004895 Complainant

SUBSCRIBED AND SWORN to before me this ________day of January 2012 with Residence Certificate No. ______________ issued on ______________________ Issued at ___________________, Philippines.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING Republic of the Philippines) City of Marawi ) S.S. I, ARMINA GUILING DIDAAGUN, of legal age, Filipino and a resident of 141 AM Raya Madaya I, Marawi City, after having been duly sworn to an oath in accordance with law, do hereby depose and say: 4. That I am the complainant in the above-entitled case; 5. That I caused the preparation of the Complaint; have read its contents and all the allegations therein contained are true and correct of my own personal knowledge and based on authentic documents; 6. That I hereby certify that I have not commenced any administrative action or proceedings before the supreme court, Court of Appeals, or any Division thereof, or before any other tribunal or agency involving the same issues; that to the best of my knowledge, no such other administrative action or proceeding, is commenced or pending before any of the above-mentioned courts, tribunal or agency and that if I should thereafter learned that a similar administrative action has been filed or is pending before the aforementioned courts or tribunal, I undertake to inform this honourable office of such fact within five (5) days from notice thereof. IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of January 2012 in Marawi City, Philippines.

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ARMINA GUILING DIDA-AGUN Cellphone # 0919-3004895 Complainant

SUBSCRIBED AND SWORN to before me this ________day of January 2012 with Residence Certificate No. ______________ issued on ______________________ Issued at ___________________, Philippines.

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