Sample Complaint

Republic of the Philippines
Department of the Interior and Local Government

NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS
PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PHILIPPINE NATIONAL POLICE
Camp Crame, Quezon City
AGAPITO B. BAGUIO
Complainant ,
ADMIN CASE NO :______
FOR : RESTORATION OF
PENSION BENEFITS
-versus-
PCSUPT ALEXANDER PUMECHA

Respondent.
x------------------------------------------/
COMPLAINT
COMES NOW, Complainant, through undersigned counsel unto this

Honorable Office, most respectfully states that :
PREFATORY STATEMENT
Pension is a bounty flowing from the graciousness of the Government

intended to reward past services and, at the same time, to provide the
pensioner with the means with which to support himself and his family.
Unless otherwise clearly provided, the pension should inure wholly to the
benefit of the pensioner.1
PARTIES
1. Complainant is a Filipino, of legal age and a resident of 213 F. Jaca

Street, Sitio Summerland , Brgy. Inayawan, Cebu City where he may
1
GSIS vs. COA G.R. No. 138381. November 10, 2004
be served with summons and other processes of this Honorable Court.
He is a retired Fire Captain of Cebu City Fire Station.
2. Respondent PCSUPT Alexander A. Pumecha is a Filipino, of legal

age and is the current Director of PNP Retirement and Benefits
Administration Service (PRBS for brevity) located at DPRM Annex
Bldg., Camp Crame, Quezon City where he may be served with
summons and processes of this Honorable Office.
NATURE OF THE CASE
3. This is an administrative case for Abuse of Authority committed by

the respondent for arbitrarily deleting the pension due for the
complainant sans affording him the opportunity to be heard nay amply
giving him his right to the basic procedural due process.
ANTECEDENT FACTS OF THE CASE
4. Complainant entered in the Fire Service last March 8, 1964 with the
rank of a fireman. On April 1, 1966, he was designated as Mechanic
Helper. However, on December 1, 1974, he was promoted to the rank
of Fire Lieutenant. On August 8, 1977, he was again promoted with
the rank of Fire Captain2.
5. During the height of Marshal Law under deposed President Ferdinand

Marcos, the complainant was assigned at Camp Vicente Lim in
Laguna. Because of the opportunity, complainant requested to work
on leave in Saudi Arabia to army non-commission officers on the
Basic of Firemanics before the then Fire Marshal of Cebu City Fire
Station General Cordeta which requests was sanctioned by General
Edmundo Enriquez, the then Commandant of Camp Vicente.
6. After the People Power and under New Integrated National Police
(INP) Administration, the complainant returned to the country and
decided to apply for early retirement with the Government Service
Insurance System (GSIS). Such application was duly approved by
GSIS on November 16, 1995 to be effective September 1, 1986 as per
GSIS Retirement Gratuity No. RGD- 0102843, having complied with
all the requirement for retirement under Section 12 (C) of
Commonwealth Act No. 186 or the Government Service Insurance
2
Attached and marked as Annex “A” is the Service Record of the Complainant.
3
Attached and marked as Annex “B” is the GSIS Retirement Gratuity No. RGD-101284
Act as amended by Republic Act No 1616 and further amended by
Republic Act No. 4968.
7. The complainant had started receiving regular monthly pensions on

October 2009 until it was cut-off on September 2014 without
affording the complainant of his basic due process right prior to the
deletion of his pension where he derives his means to support himself
for sustenance.
8. In a letter4 dated 24 March 2014 signed by PSSR Alex Dantes

Sarmiento, Deputy Director/ Chief of Staff of PRBS, the deletion of
the complainant’s pension was caused by the hereunder reasons :
a. That the Records were not updated ;

b. That the Bureau of Fire Protection (BFP) has issued Retirement
Gratuity for the complainant ; and
c. That complainant took all benefits in one-time mode of
payment under Republic Act 1616.
9. The complainant cannot fathom the reasons for deleting his pension.
As a matter of fact, records were updated twice every year starting
from year 2010 until hitherto and were filed at PRBU 7 at Camp
Osmena, Jones Avenue, Cebu City. As per GSIS Refund Voucher5
dated 20 December 1995, that what has been refunded to the
complainant were only his Retirement Premiums for Personal Share
with Interest plus Government Share. Thus, there could be no one-
time mode of payment of the complainant’s retirement benefits.
10. In another letter6 dated 28 August 2015 addressed to Atty. Allan r.

Caňares, Acting Director of the Public Assistance and community
Coordination Bureau of the Office of the Ombudsman for the
MOLEO, herein respondent explained that the complainant was not
qualified to receive any pension from the PNP by reason of being
terminated from service. He furthered that the payment of monthly
pensions of the complainant from the government through the PNP
from 2009 until 2014 were considered administrative lapses
considering that the PNP has no available records of the orders of
some INP members. He ratiocinated that the complainant is not
qualified to receive pension from the government for reason that he is
4
Attached and marked as Annex “C” is the Letter signed by PSSR Alex Dantes Sarmiento.
5
Attached and marked as Annex “D” is the GSIS Refund Voucher.
6
Attached and marked as Annex “E” is the letter of PCSUPT Alexander Pumecha to Atty. Allan Caňares.
not a legitimate retiree for being terminated. He stressed that not all
former INP members were qualified to receive payment of retirement
benefits but only those who retired from the service
11.This is a twist and in contradiction of the letter made by PSSR Alex

Sarmiento. There is no mention of “TERMINATION” as one of the
reasons for deleting complainant’s pension but on the respondent’s
letter the word “TERMINATION” appeared. It has been established at
the outset that the complainant has duly retired as per GSIS letter
which was effective September 1, 1986. Moreover, the respondent has
duly admitted that the complainant has been receiving pension from
2009 until 2014 which clearly suffice to prove that he was indeed
qualified to receive pension from the PNP.
WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Office that judgment be rendered ordering the restoration of
the complainant’s pension.
Other forms of relief that are just and equitable under the premises are also
prayed for.
Cebu City, Philippines. October 28, 2015.
RESPECTFULLY SUBMITTED.
LOON DIAZ CORPUZ PATIÑO AND ASSOCIATES

(Counsel of the Complainant)
G/F GMC Plaza Bldg. Legaspi Extension
corner M.J Cuenco St, Cebu City, Philippines
Tel No. (032) 254-0453
By:
JURIL B. PATIÑO
Roll of Attorney No. 63966 April 27,2015
PTR OR No. 707854 5-06-15
IBP OR No. 0997508 4-27-15 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: juril.patino@yahoo.com
HABEAS CORPUZ
Roll of Attorney No. 62850 May 06,2014
PTR OR No. 599058 January 07,2015 Cebu City
IBP OR No. 966627 January 7,2015 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: writofhabeascorpuz@gmail.com
VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING
I, AGAPITO BAGUIO, Filipino, of legal age and a resident of 213

F. Jaca Street, Sitio Summerland , Brgy. Inayawan, Cebu City after being
sworn to in accordance with law, do hereby deposes and states :
1. That I am the complainant in the above-captioned case ;
2. That I have caused the preparation and filing of this case ;
3. That I have read the contents thereof and that the same are
true and correct to the best of my personal knowledge or based on
authentic records ;
4. That I further states :
a. That I have not theretofore commenced any action of

any claim involving the same issues in any court, tribunal, or quasi-
judicial agency and to the best of my knowledge, no such other action or
claim is pending therein ;
b. If there is such other pending action or claim, a

complete statement of the present status thereof ; and
c. If I should thereafter learn that the same or similar

action or claim has been filed or is pending, I shall report the fact within
five (5) days therefrom to the court wherein my aforesaid complaint or
initiatory pleading has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this ___th of

_________ 2015 at Cebu City, Philippines.
AGAPITO BAGUIO
Affiant
SUBSCRIBED AND SWORN to before me this ______________
in Cebu City, Philippines, by Agapito Baguio who have satisfactorily proven
his identity to me through his respective competent evidence of
identification by way of _____________________ who is the same person
who personally signed before me the foregoing Verification and
Certification Against Forum Shopping and acknowledge that he executed the
same.
Doc. No. _____

Page No. _____
Book No. _____
Series of 2015.

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Republic of the Philippines

Department of the Interior and Local Government

PCSUPT ALEXANDER PUMECHA

COMES NOW, Complainant, through undersigned counsel unto this

Pension is a bounty flowing from the graciousness of the Government

1. Complainant is a Filipino, of legal age and a resident of 213 F. Jaca

2. Respondent PCSUPT Alexander A. Pumecha is a Filipino, of legal

NATURE OF THE CASE

3. This is an administrative case for Abuse of Authority committed by

ANTECEDENT FACTS OF THE CASE

5. During the height of Marshal Law under deposed President Ferdinand

7. The complainant had started receiving regular monthly pensions on

8. In a letter4 dated 24 March 2014 signed by PSSR Alex Dantes

a. That the Records were not updated ;

10. In another letter6 dated 28 August 2015 addressed to Atty. Allan r.

11.This is a twist and in contradiction of the letter made by PSSR Alex

WHEREFORE, premises considered, it is most respectfully prayed of

Cebu City, Philippines. October 28, 2015.

LOON DIAZ CORPUZ PATIÑO AND ASSOCIATES

I, AGAPITO BAGUIO, Filipino, of legal age and a resident of 213

1. That I am the complainant in the above-captioned case ;

2. That I have caused the preparation and filing of this case ;

4. That I further states :

a. That I have not theretofore commenced any action of

b. If there is such other pending action or claim, a

c. If I should thereafter learn that the same or similar

IN WITNESS WHEREOF, I have hereunto set my hand this ___th of

Doc. No. _____

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