Professional Documents
Culture Documents
POPER-LAURETA Edited
POPER-LAURETA Edited
For: Dishonesty
Pursuant to Section 2 (C) (7), Rule
21 of the NAPOLCOM MC No.
2007-001
PO2 ______________
HSS
PO1 ______________
SPD, NCRPO
Respondents,
x- - - - - - - - - - - - - - - - - - - - - - -x
which states:
STATEMENT OF THE CASE
that she is legally married to PO2 ____________and they are blessed with
two (2) children, namely: __________, six (6) years old and __________,
three (3) years old. Mrs. __________ averred that sometime in 2008, she
caught her husband, PO2 __________ having an illicit affair with PO1
______________. She also learned that her husband has a child with PO1
lascivious text messages to her like how they performed their sexual acts
and then called her asking if she felt envious. Her husband and PO1
__________ also insulted her thru text messages and phone calls by telling
her that her husband does not love her anymore because she is ugly, poor
Her husband also slapped her when she confronted him about his illicit
of her pregnancy due to the aforesaid acts of her husband and PO1
______. Mrs. _______ tried also to save their relationship with her
ISSUE/s
Dishonesty; and
As to the first issue, this Office humbly submits that both respondents
Both respondents argued that their sexual acts do not fall under
finding their guilt is proof beyond reasonable doubt which is the quantum of
proof required for a finding of guilt is only substantial evidence, that amount
respondents that they engaged in sexual intercourse and the fact that PO2
_______ sired a child with PO1 _____________ are enough proof to show
was destroyed due to the illicit affair of both respondents, thus making the
both respondents runs afoul of the Constitution and the laws which they, as
that the untruthful statement written on the birth certificate of their child,
argument of both respondents will not help in their case to absolve them
failed to appreciate the true ruling in the afore-cited case wherein the
Supreme Court is not the fact that the dishonest act of the respondent was
not relevant nor connected to the performance of his duty but because of
the fact that the petitioner did not present any evidence to prove her claims.
of both respondents since they know for a fact that the Certificate of Live
Birth of their child contains false information contrary to what they have
their penalty but not to absolve them from their administrative liability.
imagination of his wife and claimed that he is the real victim of marital
Supreme Court held in a long line of cases that a general denial could not
showing that Mrs. _______ was actuated by ill motives to testify against her
exists, and her testimony is thus worthy of full faith and credit.
woman, slapping and insulting his wife by telling her that he does not love
narrating his sexual acts with his concubine caused mental or emotional
anguish on the part of his wife, which are clear violations of RA 9262
on the third month of her pregnancy due to the illicit acts of her husband
and their frequent quarrels. This was proven by the medical records of
violation of RA 9262.
of RA 9262).
PRAYER
Other reliefs which are deemed just and equitable under the premises
_______________________
Rank/Name/
Designation
Copy furnished:
PO2 __________________
Headquarters Support Service
Respondent
PO1 ___________________
Southern Police District, NCRPO
Respondent
Republic of the Philippines)
Quezon City ) S.S.
VERIFICATION
I have caused the preparation and the filing of the foregoing verified
position paper before the Honorable Hearing Officer; and
I have read and understand all the allegations contained therein and
attest that the same are true and correct of my own knowledge and based
on authentic records.
_____________________________
Affiant
____________________________
Rank/Name/
Designation