REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

BUREAU OF FIRE PROTECTION
Regional Office - 9
Mayor Climaco Avenue, Zamboanga City
Tel # 062-991-5320

BUREAU OF FIRE PROTECTION

Complainant,

P.I. IAS No. ________

-Vs- FOR: SIMPLE MISCONDUCT in
violation of Rule X, Section 50,
para. D (2) of the 2017 Rules on
Administrative Cases in the
Civil Service (2017 RACCS).

SFO2 Charito F Arnado

Respondent.
x--------------------------------x

PROSECUTION’S PRE-HEARING CONFERENCE BRIEF

Herein complainant, Bureau of Fire Protection, represented by herein nominal

complainant, SINSP ATTY. RODELO D LUYAO, BFP-9 Chief Prosecution’s Office,
most respectfully submits this instant Pre-Hearing Conference Brief:

I. THE PARTIES

1. Herein complainant, Bureau of Fire Protection, represented by herein nominal

complainant, SINSP ATTY. RODELO D LUYAO, BFP-9 Chief Prosecution’s Office, with
address at Bureau of Fire Protection Regional Office-9, Mayor Climaco Avenue,
Zamboanga City, where this Honorable Office can serve him copies of summons,
orders and other court processes.

2. Herein respondent, SFO2 Charito F Arnado, of legal age, Filipino, with

address at Joseph Estrada St., Purok Acacia, Sumadat, Dumalinao, Zamboanga del
Sur, where this Honorable Office can serve him copies of summons, orders and other
Office’ processes.

II. ADMISSIONS AND STIPULATION OF FACTS

1. Prosecution stipulates that it received an Endorsement dated 29 November

2019 from CINSP ALFONSO N TIMOSA, Acting Provincial Fire Marshal of the Province
of Zamboanga del Sur requesting for a favorable action on the attached Endorsement
and Resolution from the Sangguniang Bayan of the Municipality of Margosatubig
Recommending the Immediate Transfer of SFO2 Charito F Arnado, OIC of
Margosatubig Municipal Fire Station to another station;

2. Prosecution further stipulates that enclosed to said endorsement was a Letter

from the Honorable Mayor of Margosatubig dated October 8, 2019 seeking urgent
action on the complaint for alleged unethical behavior while conducting inspection
committed by the respondent. Attached to said letter were the letters-complaint

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addressed to the Honorable Mayor of a certain Remelie Geonzon Rivera and various
citizens of Margosatubig enumerating the offenses and unprofessional behavior
committed by the respondent;

3. Prosecution also stipulates that due to said complaints, the Regional Director
of BFP-9, SSUPT SYDNEY C BESANA ordered herein Chief Prosecutions Office with
SFO2 Roque A Sabijon Jr to conduct an investigation from December 4-6, 2019 on the
allegations against respondent;

4. Herein investigators issued a Show Cause Order to the respondent to hear his
side. Moreover, the investigators were also able to validate the complaints as they were
able to personally talked with the complainants; Remelie Geonzon Rivera, Paz Toledo
Luza and Richard Toledo who subsequently executed their Judicial Affidavits;

5. Herein prosecution also stipulates that it received the Comment/Counter

Affidavit of the respondent dated 11 December 2019 with attached supporting
documents;

6. However, finding his explanation and evidence unmeritorious, an Investigation

Report recommending for filing a formal charge for the administrative case of simple
misconduct against respondent was made. A formal charge was subsequently issued
by the disciplining authority, the BFP-9 Regional Director.

7. The prosecution finally stipulates that based on existing records, the

respondent was previously found guilty by the Office of the Ombudsman for the less
grave offense of simple misconduct and was effectively suspended for three months
without pay.

III. EXHIBITS AND PURPOSE

1. Exhibit “A” – Endorsement dated 29 November 2019 signed by CINSP

ALFONSO N TIMOSA - To prove the incipient of the complaint against respondent;

2. Exhibit “B” – Endorsement dated November 26, 2019 for CINSP ALFONSO
N TIMOSA signed by HON. ALEJANDRO E. AGUA III, Vice-Mayor of Margosatubig
Municipality – To prove the receipt of the Sangguniang Bayan of the complaints against
respondent and their subsequent action;

3. Exhibit “C” - Resolution of the Sangguniang Bayan of Margosatubig – To

prove the receipt of the Sangguniang Bayan on the complaints against respondent and
their request for the immediate transfer of respondent from their municipality;

4. Exhibit “D” – Letter dated October 8, 2019 for the Sangguniang Bayan
signed by HON. GEORGE M. MINOR, MD, Mayor of Margosatubig Municipality – To
prove the receipt of the Office of the Mayor on the complaints against respondent and
his request for appropriate action;

5. Exhibit “E” – Letter dated October 3, 2019 signed by Remelie Geonzon

Rivera – To prove the misconduct committed by the respondent against the
complainant;

6. Exhibit “F” – Petition Letter signed by various citizens of Margosatubig

including Paz Toledo Luza and Richard Toledo Luza – To enumerate the unprofessional
conduct committed by respondent against the petitioners;

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 7. Exhibit “G” - Letter Order dated 02 December 2019 signed by SSUPT
SYDNEY C BESANA – To prove the authority of the investigators to conduct
investigation;

8. Exhibit “H” – Certificate of Appearance dated 05 December 2019 signed by

Mark Adrian M. Rabara – To prove our appearance in the Municipal Hall of
Margosatubig;

9. Exhibit “I” – Certificate of Appearance dated 05 December 2019 signed by

SFO1 Ham S Botanas – To prove our appearance in Margosatubig Municipal Fire
Station;

10. Exhibit “J” – Show Cause Order dated 04 December 2019 signed by
SINSP ATTY. RODELO D LUYAO – To prove that the respondent was given the
opportunity to answer the allegations against him;

11. Exhibit “K” – Judicial Affidavit of Remelie Geonzon Rivera dated December
5, 2019 – To prove the validity of the allegations against respondent and the
subsequent action of the latter;

12. Exhibit “L” – Joint Judicial Affidavit of Paz Toledo Luza and Richard Toledo
Luza dated December 5, 2019 – To prove the validity of the allegations against
respondent in the petition letter and the subsequent action of herein respondent;

13. Exhibit “M” - Comment/Counter Affidavit of the respondent dated 11

December 2019 – To prove the defense of the respondent;

13. Exhibit “N” - Investigation Report dated 13 January 2020 – To prove the
basis of the Formal Charge;

14. Exhibit “O” - Formal Charge dated 15 January 2020 – To prove the order to
answer the charge by the respondent;

15. Exhibit “P” – Regional Order dated October 13, 2017 signed by SSUPT
CARLITO B OCEÑA – To prove that respondent was previously suspended for three
months without pay due to simple misconduct imposed by the Ombudsman; and

16. Exhibit “Q” - Bureau Order dated 11 October 2017 signed by FIRE
DIRECTOR LEONARD R BAÑAGO, Chief, BFP– To prove the announcement of the
decision of the Ombudsman finding the respondent and his wife, a certain FO3 Marites
Ong Arnado guilty of misconduct and meted the penalty of suspension for three months
without pay;

IV. ISSUE

The sole issue of this instant case is whether respondent is administratively liable
for the offense of simple misconduct pursuant to Rule X, Section 50, para. D (2) of the
2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) for entering
private premises without permission during inspection, uttering harsh and insulting
words, threatening and bullying herein private complainants.

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 V. WITNESSES

Name
a. Gemelie Geonzon Rivera
b. Paz Toledo Luza
c. Richard Toledo Luza
d. Divine Grace Luza-Tano
e. Store Keeper of Gemelie Rivera
f. Sister of Gemelie Rivera
Address
Poblacion, Margosatubig Zamboanga del Sur
Brgy. Kalian, Margosatubig, Zamboanga del Sur
Brgy. Kalian, Margosatubig, Zamboanga del Sur
Brgy. Cogon, Vincenzo Sagun, Zamboanga del Sur
Poblacion, Margosatubig Zamboanga del Sur
Poblacion, Margosatubig Zamboanga del Sur

A reservation to present additional witnesses and documents that may assist the
judicious resolution of the case is likewise enjoined by herein prosecution.

VI. OTHER MATTERS

Herein Prosecutions’ Office will abide to the pleasure of the Honorable Hearing
Officer on matters that could assist the judicious and expeditious resolution of herein
case.

VII. TRIAL DATES

Trial dates: As agreed by the parties.

Respectfully submitted.

11th day of March 2020, BFP Regional Office-9, Zamboanga City, Philippines.

SINSP ATTY. RODELO D LUYAO

Chief, Prosecutions’ Office

Copy Furnished:
Summary Hearing Officer:__________________________Date & Time:________________________
Respondent:_____________________________________Date & Time:_______________________

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