Republic of the Philippines

PAGE 2

Republic of the Philippines)Province of Leyte

) SSS

City of Tacloban

)

VERIFIED EXPLANATION

RE: CPLV-04-0518

I, SPO4 JOSE B. FELICIA, of legal age, Filipino, married, and presently assigned as Chief, Retirement Benefit Claim Office, Office of the Regional Personnel & Human Resource Development Division, Police Regional Office No. 8, Camp Kangleon, Palo, Leyte, after having been first sworn according to law, hereby depose and state: THAT---

1. On 11 November 2004, I received a letter dated 19 October 2004 signed by Director Virginia Palanca-Santiago of the Office of the Ombudsman (Visayas), directing me to explain in writing and under oath, within 10 days from receipt thereof, why I misplaced/lost mail matter with Registry Receipt No. 694, containing the Ombudsman Clearance of Police Inspector Rodolfo Ybanez-Pano, in my custody.

2. The letter was addressed to me as Chief Clerk, Record Section of Camp Kangleon, Palo, Leyte, on the basis of an inaccurate information stated in par. 1 of the Affidavit of Loss executed by P/Insp. Pano dated 24 September 2004, which was attached to the Order.

3. As Chief of Retirement Benefit Claim Office, I have two personnel under me, SPO1 Prima Edita, who acts as my liason to NHQ, Camp Crame, QC, and Mylene Dacatimbang, a non-uniformed personnel who is in charge of the clerical jobs of receiving, filing, typing, among others in said office.

4. When P/Insp. Pano came to retrieve his Ombudsman Clearance at my office sometime in the third week of September 2004, I told him that we will verify first from the records kept by my clerk, who happened not to be present at that time. He came back again about 2 or 3 days later, and presented to me Registry Receipt No. 694, showing that I was the one who personally received the mail matter from the Ombudsman. I take exception of such fact, because usually, it was my clerk who personally receives mail matters; I now recall that the mail was delivered to the office when I was the only person around in the office at that time.

5. Unfortunately, again, my clerk was not around, and since I could not find the Ombudsman clearance from the files despite earnest efforts, I suggested to him that he gets a reissuance from the Ombudsman. So I called up the Office of the Ombudsman in Cebu named Brenda, and requested another copy of the Clearance for Mr. Pano, and we were advised to have Mr. Pano execute an affidavit of loss or for Mr. Pano to personally follow it up in Cebu.

6. So, a few days after, Mr. Pano texted me to refund his personal expenses in Cebu. I complied with his request by sending him the refund; a copy of M. Lhuillier Send Out Form No. 234881 dated 8 October 2004 is hereto attached and made part hereof as ANNEX A, showing that I refunded Mr. Pano the amount of P2,170.00 for his travel to Cebu to secure another copy of the Ombudsman Clearance.

7. Certainly, there was no negligence on my part for the loss or misplacement of the mail matter allegedly in my custody, though I could only blame my subordinate for such incident, but take the brunt of the blame due to command responsibility.

8. I am executing this verified Explanation in compliance with said directive of the Ombudsman dated 19 October 2004, which I hope will find merit and kind consideration of the Honorable Deputy Ombudsman (Visayas).

IN WITNESS WHEREOF, I have hereunto set my hand this 13 November 2004 at Tacloban City, Philippines.

SPO4 JOSE B. FELICIA

Affiant

SUBSCRIBED AND SWORN to before me this 13 November 2004 at Tacloban City, affiant exhibiting to me his CTC No. 16706661 issued on March 15, 1004 at Palo, Leyte, Philippines.Doc. No. ____

Page No. ____

Book No. 43

SERIES OF 2004