Republic of the Philippines

National Police Commission

Philippine National Police
_______ Internal Affairs Service - ____
Camp Olivas, City of San Fernando, Pampanga

Philippine National Police ADMIN DOCKET NO.:

Complainant For: Simple Misconduct (Unjust Vexation)

-VERSUS-

x--------------------------------------x

POSITION PAPER

Comes now in the undersigned, herein complainant, unto this Honorable Office,
most respectfully submits this instant Position Paper, and in support thereof alleges,
THAT:

I. THE PARTIES

1.1 The undersigned complainant _________________________, of legal

age, presently assigned at RHSU 3, Base Police Unit, Camp Olivas, City of San
Fernando, Pampanga where this Honorable Office can serve summons, orders and
others processes.

1.2 Respondent ________________________, of legal age, married and

assigned at RHSU 3, Base Police Unit, Camp Olivas, City of San Fernando,
Pampanga, presently residing at Bagumbong at Bagumbong, Caloocan City.

II. STATEMENT OF THE CASE

2.1 A complaint was filed by the undersigned on May 8, 2019 to Regional

Internal Service 3 alleging therein, among others, the respondent committed unjust
vexation defined and penalized under the Revised Penal Code and similarly
constitutes Simple Misconduct pursuant to Rule 21 of the NAPOLCOM Memorandum
Circular No. 2016-002.

2.2 Respondent filed his answer on July 17, 2019.

2.3 When the hearings were terminated, both parties were required by the
Honorable Office to submit position paper. Hence, the instant Position Paper.

III. STATEMENT OF THE FACTS

 3.1 The undersigned complainant alleges that on May 8. 2019 at around
4:55 in the afternoon, while DRDO was about to give instruction, PLTCOL _________
gave command to parade rest. Complainant then felt that something was rubbed-off
in her middle finger prompted her to turn her head. There, she saw _____________
with his penis bulging from his pants facing the respondent fingers. Thus, complainant
stared at him but the latter moaned instead as if he was having an orgasm. Out of
anger, complainant moved to other side to avoid further trouble until DRDO was done
giving his instruction.

IV. ARGUMENTS/DUSCUSSIONS

4.1 Complainant stand to her allegation. She has no ill-motive nor personal
grudge or previous misunderstanding with the respondent to drag respondent name
into controversy and including herself as victim. It is well-settled rule that no girl would
concoct a story of as such nor subject herself and her family to trauma and
embarrassment. The conduct of the respondent was an assault not just to her as a
woman but to the women sector that shall not be condoned or tolerated as this will
create a bad precedence if left unpunished.

4.2. The denial of the respondent that it was impossible to happen given that
they were one-arm length apart from each other in the presence some others including
their officemate PCMS _______ is inherently weak. The one-arm length is only
approximate dependent to one’s arm-reach and given that there is no barrier in-
between, one motivated by extreme sexual craving can still find ways to gratify his
lustful desire. Moreover, he never presented PCMS _________ to support his denial.
Neither the latter executed any document to that effect.

4.3 With respect to his alibi that if he created noise by moaning, it would be
impossible that it cannot be noticed given the formation requires quietness and
unnecessary movement is prohibited. Moaning is an act of making a long, low sound
expressing physical or mental suffering or sexual pleasure. Hence. moaning is not
necessarily characterized by loud sound. Also, common in a PNP formation that even
one will create a simple distraction as such, nobody will mind to it as everyone is
paying attention to the one giving instruction.

4.3. The unwarranted act of the respondent constitutes unjust vexation

punishable under the Revised Penal Code and likewise pursuant to Rule 21 of the
NAPOLCOM Memorandum Circular No. 2016 - 002. In the same vein, the same act
constitutes conduct unbecoming showing vitiated corrupt moral character prejudicial
to the best interest of the PNP organization.

PRAYER

WHEREFORE, premises considered, it is prayed from the Honorable Office

that respondent PCMS _______________ be held administratively liable for Simple
Misconduct (Unjust Vexation) and Conduct Unbecoming.

Other reliefs, just and equitable, are likewise prayed for.

 July 3, 2019, Camp Olivas, City of San Fernando, Pampanga.

PMSg ________________
Complainant

Camp Olivas, City of San Fernando, Pampanga

VERIFICATION

I, PMSg ________________, of legal age, with office address at PRO 3

Regional Headquarters Support Unit, Camp Olivas, City of San Fernando, Pampanga,
do hereby depose and state, THAT:

1. I am the complainant in the above-mentioned case;

2. I caused the preparation of the instant Positioned Paper;

3. I fully understood its contents based on my knowledge and as to the

records that I am aware of.

PMSg ___________________
Complainant

SUBSCRIBED AND SWORN to before me this _________________ at

_____________________. Affiant presented to me her PNP Identification Card with
ID No. _________ .

ADMINISTERING OFFICER