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Republic of the Philippines

NATIONAL POLICE COMMISSION


NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
INTERNAL AFFAIRS SERVICE
Camp Crame, Quezon City

LEGAL AFFAIRS DIVISION

IN RE: ADMINISTRATIVE PROCEEDINGS


AGASINT: PO2 JEREMY D. CAPURAS
Respondent
x--------------------------------------------x

ADMIN CASE NO. IAS 16-100


FOR: GRAVE MISCONDUCT

RESPONDENTS PRE HEARING BRIEF


COMES NOW RESPONDENT, PO2 JEREMY D. CAPURAS,
through the undersigned counsel and unto this Honorable Office,
most respectfully submits this Pre-Hearing Brief and avers that:
I
STIPULATION OF FACTS
The Respondent proposes to stipulate on the following:
1. This Office has acquired Jurisdiction over the person
of the accused;
2. On May 27, 2016 From 12:00 midnight until 8:00
oclock in the morning Respondent was on duty at
Briz District, Barangay Magugpo East (Sector 2),
Tagum, City;
3. On May 27, 2016 from 8:00 am and onwards,
Respondent is Off-Duty and was tending to his Son
who was sick and was confined at the Hospital that
day;
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IN RE: PO2 JEREMY D. CAPURAS


Admin. Case No. IAS 16-100
For: Grave Misconduct

4. A random drug test at the Tagum Police Station was


conducted on May 27, 2016;
5. The said random drug test was terminated the same
day and no memorandum or any issuance was made
to extend the drug testing;
6. Respondent despite being on off-duty and tending
to his ill son on May 27, 2016 submitted himself at
the Tagum Police station to comply with the said
random drug test;
7. Upon

reporting

the

next

day

May

28,

2016,

Respondent was disarmed of his service fire arm and


was ordered escorted by PCINSP Philip Jefferson S.
Ayban without any pending investigation or violation
committed;
8. On May 28, 2016, Respondent was escorted and was
brought directly to the SOCO Provincial Crime
Laboratory Office for drug testing upon reporting to
duty;
9. There was no random drug testing on May 28, 2016
at the Tagum Police Station;
II
ISSUES
Respondent respectfully submits that the issues in this case are:
WHETHER OR NOT RESPONDENT EVADED THE
RANDOM DRUG TEST HELD AT THE TAGUM
POLICE STATION ON MAY 27, 2016;
WHETHER OR NOT RESPONDENT COMMITTED
ANY VIOLATION ON MAY 28, 2016 TO JUSTIFY
THE DISARMENT OF HIS SERVICE FIREARM
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IN RE: PO2 JEREMY D. CAPURAS


Admin. Case No. IAS 16-100
For: Grave Misconduct

WHETHER OR NOT THE ORDER OF TAGUM


POLICE PCINSP PHILIPP JEFFERSON S. AYBAN
TO IMMEDIATELY ESCORT RESPONDENT FOR
DRUG TESTING WAS VALID/LAWFUL AND IN
ACCORDANCE WITH RA 9165
WHETHER OR NOT RESPONDENT PO2 JEREMY
CAPURAS CONSTITUTIONAL RIGHT AGAINST
PRIVACY, UNLAWFUL SEARCH AND SEIZURE
AND EQUAL PROTECTION CLAUSE HAS BEEN
VIOLATED
WHETHER OR NOT THE MANDATORY DRUG
TEST CONDUCTED ON MAY 28, 2016 AGAINST
RESPONDENT IS CONCLUSIVE AND CREDIBLE
WHETHER OR NOT RESPONDENT PO2 JEREMY
CAPURAS IS LIABLE FOR GRAVE MISCONDUCT
III
IDENTIFICATION OF EVIDENCE
1. Respondents Counter-Affidavit dated August 15, 2016;
2. Medical Certificate dated May 27, 2016 issued by Dr.
Jasmin N. Dela Cruz certifying that Respondents son,
Lourence Capuras was examined for chicken pox on
the said date;
3. Memorandum dated May 28, 2016 issued by Police
Inspector Angelica Carla C. Siyang of Tagum City Police
Station requesting the conduct of drug test specifically
to Respondent;
4. AOR of Duty Motorcops for May 27 and 28, 2016
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IN RE: PO2 JEREMY D. CAPURAS


Admin. Case No. IAS 16-100
For: Grave Misconduct

Respondent reserves the right to present other evidence


as the need arises.
IV
WITNESSES
Respondent PO2 Jeremy D. Capuras himself
Respondent reserves the right to present other witnesses
on his behalf as the need arises.
V
SUBMISSION OF POSITION PAPER
Respondent respectfully moves that the parties mutually agree
on the submission of a position paper/memorandum and submit
the case for resolution in lieu of the conduct of formal hearing.

VI
HEARING DATES
Respondent is available for the month of January and onwards
or in any other date/s this Honorable Office may deem convenient.
Respectfully submitted.
Quezon City, Philippines, January 12, 2016
RUBIO LAW OFFICE
1406 Emar Suites, Shaw Blvd.,
Brgy. Addition Hills, Mandaluyong City
By:
ATTY. JAIRUS B. RUBIO
Counsel for the Respondent
Roll No. 64701; April 28, 2015
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IN RE: PO2 JEREMY D. CAPURAS


Admin. Case No. IAS 16-100
For: Grave Misconduct

PTR No. 2182274; January 06, 2016; Quezon City


IBP No. 1022990; January 07, 2016; Quezon City
MCLE Compliance No. V-0022377
Email Ad: jairusbaldemorrubio@gmail.com
Tel No. 9584884/09174348111
NOTIFICATION AND COPY FURNISHED

ATTY. PEARL SHEILA S. MAGBANUA


Prosecutor
National Police Commission
National Headquarters Philippine National Police
Internal Affairs Service
Office of the Prosecution
Camp Crame, Quezon City
A copy of this RESPONDENTS PRE-HEARING BRIEF was
served to the other party by means of registered mail with return
receipt due to distance and lack of personnel to effect personal
service thereof.

ATTY. JAIRUS B. RUBIO


Counsel for Respondent

IN RE: PO2 JEREMY D. CAPURAS


Admin. Case No. IAS 16-100
For: Grave Misconduct