Office of The Ombudsman Office of The Deputy Ombudsman For The Military and Other Law Enforcement Offices

Republic of the Philippines
OFFICE OF THE OMBUDSMAN

OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY
AND OTHER LAW ENFORCEMENT OFFICES
3 Floor, Ombudsman Bldg., Agham Road, Diliman, Quezon City
rd
EDNA B. HILARIO,
Complainant,
-versus- OMB-P-C-14-0094
For: Art. 269 (Unlawful Arrest);
Art. 124 (Arbitrary Detention);
VRA 7438 (Act Defining Rights of
Accused, etc.); and VRA 7610 (Anti Child
Abuse Act)
OMB-P-A-0109
For: Grave Misconduct, Conduct
Prejudicial to the Best Interest of the Service
SPO2 MANUEL GRIARTE, ET.AL.,

Respondents.
x-----------------------------------------------x
ANSWER
(to Complainant’s Sur-Rejoinder received on June 1 2014)
,
RESPONDENTS, through the undersigned counsel to this Honorable
Office respectfully aver THAT:
1. It bears to emphasize that the complaint fails to sufficiently

state a cause of action. The allegations of the Complainant are merely
concocted to support Complainant’s frivolous act of harassing the
Respondents. The sole evidence presented by the Complainant which is the
Affidavit of the father of accused Angelo is expectedly self-serving,
without any factual and legal basis to support the same.
2. In resolving whether the complaint states a cause of action or

not, only the facts alleged in the complaint are considered. The test is
whether the court can render a valid judgment on the complaint based on
the facts alleged and the prayer asked for. 1 Only ultimate facts, not legal
conclusions or evidentiary facts, are considered for purposes of applying
the test.2
11 Peltan Development, Inc. v. CA, G.R. No. 117029, March 19, 1997, 270 SCRA 82, 91.
22 G& S Transport Corp. v. CA, G.R. No. 120287, May 28, 2002, 382 SCRA 262, 274
3. The charges of Grave Misconduct and Conduct Prejudicial to
the Interest of service and Unlawful Arrest, Arbitrary detention, Violation
of R.A.7438 and R.A. 3019, all in relation to R.A. 760 were not
substantiated by the allegations of the Complaint.
4. To resolve the issue, therefore, a look at the respondents’

presented evidence is helpful.
5. Accused ANGELO HILARIO Y BARLAAN was in truth and in

fact accompanied by his father at the time he was referred to the Women
and Children Protection Desk. From a distance of more or less ten (10)
meters from the house of the Accused, respondents met the father
REYNALDO HILARIO, who according to him fetched his daughter from
school. There and then the father was informed that the Accused was with
the Respondents and was thereafter informed about the circumstances of
the arrest. The accused was assisted by the City Social Welfare and
Development Office on November 28, 2012, with the referral of the PNP for
Assessment on Discernment as clearly stated in the certification that “REY
ANGELO B. HILARIO was assisted by the City Social Welfare and Development
Office (CSWDO) Valenzuela City on November 28, 2012 based on record of his
Intake Interview”
6. In fact, it was in the CSWDO that the Accused admitted his

participation in the killing, in the presence of his father. Unfortunately,
when the counsel (who later on withdrew from handling the case) arrived,
the Accused recanted his testimony.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this

Comment be noted in dismissing the Complaint against herein public
officials for lack utter lack of merit.
Other reliefs just and equitable under the premises are

likewise prayed for.
RESPECTFULLY SUBMITTED. Valenzuela City for Quezon City.

June 16, 2014.
RENELYN J. ARELLANO
Law Office
Blk 1 A Lot 5 Villaflor Village,
Veinte Reales, Valenzuela City
09272576101/6259679
[email protected]
RENELYN J. ARELLANO
IBP Number 953005- Bulacan Chapter/ January 7, 2014
PTR No.2730035-Valenzuela City/January 3, 2014
Roll of Attorneys No. 60797
MCLE Compliance No.IV-0016819, 04-12-2013
For:
SPO2 Manuel L. Griarte SPO1 Doddie M. Aguirre
SPO2 Jose Ricky S.M. Colibao PO3 Hoover P. Ireneo
Copy Furnished:
EDNA B. HILARIO
Corinthian Villas, Matimias St.,
Gen. T. de Leon, Valenzuela City
EXPLANATION
The undersigned counsel respectfully manifests that the foregoing

Answer is being served by registered mail due to lack of office messenger
to effect personal service.
RENELYN J. ARELLANO

Office of The Ombudsman Office of The Deputy Ombudsman For The Military and Other Law Enforcement Offices

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Office of The Ombudsman Office of The Deputy Ombudsman For The Military and Other Law Enforcement Offices

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

OFFICE OF THE OMBUDSMAN

SPO2 MANUEL GRIARTE, ET.AL.,

1. It bears to emphasize that the complaint fails to sufficiently

2. In resolving whether the complaint states a cause of action or

4. To resolve the issue, therefore, a look at the respondents’

5. Accused ANGELO HILARIO Y BARLAAN was in truth and in

6. In fact, it was in the CSWDO that the Accused admitted his

WHEREFORE, premises considered, it is respectfully prayed that this

Other reliefs just and equitable under the premises are

RESPECTFULLY SUBMITTED. Valenzuela City for Quezon City.

SPO2 Manuel L. Griarte SPO1 Doddie M. Aguirre

SPO2 Jose Ricky S.M. Colibao PO3 Hoover P. Ireneo

The undersigned counsel respectfully manifests that the foregoing

You might also like