Republic of the Philippines

National Police Commission

Philippine National Police
INTERNAL AFFAIRS SERVICE
REGIONAL INTERNAL AFFAIRS SERVICE 4-B
PALAWAN PROVINCIAL INTERNAL AFFAIRS SERVICE
Camp Higinio Mendoza, Tiniguiban, Puerto Princesa City

IN RE: ADMINISTRATIVE COMPLAINT ADMIN DOCKET/CASE NR.

AGAINST: PO3 ALEXANDER M. BERMEJO RIAS4BF-NMP-ADM-16-0008

FOR: GRAVE MISCONDUCT

(Violation of RA 7610)
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PRE-HEARING BRIEF FOR THE DEFENDANT

DEFENDANT through this Honorable Office, most respectfully submits this

Pre-Hearing Brief:

SUMMARY OF ADMITTED FACTS and PROPOSED STIPULATIONS OF

FACTS

The following are the admitted facts:

1. The identity of Ralph Zykie T. Diaz, the complainant of this

Administrative Case.

2. The date and place of the incident.

3. The identity of the defendant as a police officer.

EVIDENCE FOR MARKINGS

1. The City Prosecutor’s Resolution dated August 15, 2016 issued by

Venus I. Gapuz Taliman, Assistant City Prosecutor.

PURPOSE: To prove that the criminal aspect of this administrative case to

which it is based has been resolved finding the offense charged against herein
defendant together with his co-respondents DISMISSED for lack of probable
cause.
 4. A copy of CCTV Footage from DJ Balcony Resto Bar.

PURPOSE: To prove that the herein defendant has never committed the acts
alleged in the complaint, and to further prove that the affidavits executed by
of the complainant’s witnesses were all fabricated, perjured and done in bad
faith.

5. Affidavit of Joseph Jojo D. Dajay and

6. Affidavit of Victor Badaguas.

PURPOSE: To prove that the herein defendant has never held the complainant
and let him punched by a certain Lolito Linga.

7. Affidavit of Engr. Rolly U. So;

PURPOSE: To prove that the herein defendant was personally invited by Engr.
So and that in the performance of his duty as a police officer has advised the
latter to contact a police assistance to respond and investigate the incident.

8. Copies of the entries in Company Record Book.

PURPOSE: To prove that the presence of the herein defendant in Puerto

Princesa City was on Official Business Time.

ISSUES

1. Whether or not the defendant committed the crime charged;

2. Whether or not the Prosecutor’s Resolution dismissing the

offense charged for lack of Probable cause to which the
administrative case was based is sufficient to justify its
dismissal.

WITNESSES

1. Asst. City Prosecutor Venus I. Gapuz-Taliman to testify and

authenticate the Resolution she issued;
 2. Mr. Joseph Jojo D. Dajay, to testify that he was there during the
time of the incident and witnessed all the circumstances surrounding
the incident and belied all allegations made against PO3 Alexander
Bermejo;

3. Mr. Victor P. Badaguas, to testify that he was there during the time
of the incident and witnessed all the circumstances surrounding the
incident and belied all allegations made against PO3 Alexander
Bermejo;

4. Engr. Rolly U. So, to testify that he was instructed by PO3 Bermejo

to call police assistance to attend and investigate the incident that
occurred at DJ Balcony Resto Bar.

5. The owner-manager of DJ Balcony Resto Bar, to testify and

authenticate the CCTV Footage offered as evidence.

TIME NEEDED FOR TRIAL

Defendant need at least three (3) hearing dates to present his

witnesses. Trial dates available to both parties and agreed upon during the
pre-hearing conference.

Respectfully submitted.

Puerto Princesa City, October 10, 2016.

ARNEL B. VENTURILLO
Counsel for the Plaintiff
64 Fernandez Extension, Puerto Princesa City
IBP No. 958989; 12/09/15; Palawan
PTR No. 7204490; 12/09/15; Palawan
MCLE Compliance No. IV-0021528
Attorney’s Roll 45326