Professional Documents
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Position Paper Pat Vicente SHP
Position Paper Pat Vicente SHP
-versus-
I.
BRIEF STATEMENT OF FACTS
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erroneous information. In support of the said allegation, attached in said
complaint is the alleged printed conversation via private message between
me and the private complainant which is purely personal in nature;
II.
ISSUE
III.
ARGUMENTS AND DISCUSSIONS
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9. Jurisprudence would dictate that allegation of an offense should
be clearly laid and particularly stated before the same should be
considered. As held by the Supreme Court in the case of Caete vs.
Genuino Ice Company, Inc., G.R. No. 154080 Jan 22, 2008 where the
Court ruled that, “The basic rules of proper pleading and procedure
require that every pleading shall contain in a methodical and logical
form, a plain, concise and direct statement of the ultimate facts on
which the party pleading relies for his claim or defense, as the case
may be, omitting the statement of mere evidentiary facts. And in all
averments of fraud or mistake, the circumstances constituting fraud
or mistake must be stated with particularity.”
14. Clearly, the prosecution has miserably fail to establish the allged
offense that is being levelled against the undersigned respondent. Nothing
in the private complainant’s statement or even in the alleged pieces of
evidence presented would even establish an act that would constitute the
act of spreading erroneous information. As a matter of fact, the private
complainant herself has categorically stated that the conversation was
between her and the undersigned respondent only and that there was
even no erroneous information was given by the undersigned respondent
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to the private complainant. It was actually the private complainant herself
who even stated personal information about the alleged affairs of her
husband and not the undersigned respondent. As such, it can be gleaned
that the information the private complainant herself is spreading is not
even erroneous as she himself was confirming it and that the same was
even admitted by PSSg Garcia herself. Thus, anybody need not be an
educated person to understand this fact and doing otherwise is
undoubtedly illogical;
17. This is precisely the instance what the Law on Data Privacy is
being prevented. Obviously, the pieces of evidence submitted by the
complainant is inadmissible in any proceeding like the instant case as
provided by Republic Act 10173 – Data Privacy Act of 2012, which the
undersigned respondent will again reiterate as follows:
CHAPTER III
PROCESSING OF PERSONAL INFORMATION
SEC. 11. General Data Privacy Principles. – The processing of
personal information shall be allowed, subject to compliance
with the requirements of this Act and other laws allowing
disclosure of information to the public and adherence to the
principles of transparency, legitimate purpose and
proportionality.
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collection, and later processed in a way compatible with such
declared, specified and legitimate purposes only;
(b) Processed fairly and lawfully;
(c) Accurate, relevant and, where necessary for purposes for
which it is to be used the processing of personal information,
kept up to date; inaccurate or incomplete data must be rectified,
supplemented, destroyed or their further processing restricted;
(d) Adequate and not excessive in relation to the purposes for
which they are collected and processed;
(e) Retained only for as long as necessary for the fulfillment of
the purposes for which the data was obtained or for the
establishment, exercise or defense of legal claims, or for
legitimate business purposes, or as provided by law; and
(f) Kept in a form which permits identification of data subjects
for no longer than is necessary for the purposes for which the
data were collected and processed: Provided, that personal
information collected for other purposes may lie processed for
historical, statistical or scientific purposes, and in cases laid
down in law may be stored for longer periods: Provided, further,
that adequate safeguards are guaranteed by said laws
authorizing their processing.
The personal information controller must ensure
implementation of personal information processing principles
set out herein.
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SEC. 15. Extension of Privileged Communication. – Personal
information controllers may invoke the principle of privileged
communication over privileged information that they lawfully
control or process. Subject to existing laws and regulations,
any evidence gathered on privileged information is
inadmissible.
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20. Also, based on the aforementioned provision of the law, before a
particular information can be presented as evidence, a warrant issued by a
competent court is required and shall only be Issued or granted upon
written application and the examination under oath or affirmation of the
applicant and the witnesses he or she may produce and the showing:
1. That there are reasonable grounds to believe that any of the crimes
enumerated hereinabove has been committed, or is being committed,
or is about to be committed:
2. That there are reasonable grounds to believe that the evidence that
will be obtained is essential to the conviction of any person for, or to
the solution of, or to the prevention of, any such crime; and
3. That there are no other means readily available for obtaining such
evidence.
25. Also, the established facts also proves that PLTCOL ANDREI
ANTHONY I MANGLO, committed a Crime of Violation of Article 334 of
the Revised Penal Code Book 2, “Concubinage” as stated:
26. In this case, the complaint failed to submit even and iota of
evidence to prove that she suffered from physical, emotional and
psychological abuse. Worse, complainant showed that there were no
signs and symptoms of physical, emotional and psychological effect. Such
allegations, under the rules cannot be just alleged but must be proven b
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competent evidence. In the instant case, no such piece of evidence was
ever presented;
27. Again, to reiterate, the first duty of the Summary Hearing Officer is
not to prove the crime but to prove the identity of the criminals, for, even if
the commission of the crime can be established, there can be no
conviction without proof of the identity of the criminal beyond reasonable
doubt. (People v. Pineda, G.R. Nos. 102981-82, April 21, 1995, 243 SCRA
578). A summary Hearing Officer must be an agent of truth and justice,
unbias and objective always applying the law in every stage of the
proceedings;
28. In every prosecution, the identity of the offender, like the crime
itself, must be established by proof beyond reasonable doubt. Indeed, the
first duty of the investigator is not to prove the crime but to prove the
identity of the criminal, for even if the commission of the crime can be
established, there can be no conviction without proof of identity of the
criminal beyond reasonable doubt;
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reasonable mind might accept as adequate to support a
conclusion. Further, the complainant has the burden of
proving by substantial evidence the allegations in his
complaint. The basic rule is that mere allegation is not
evidence and is not equivalent to proof. Charges based on
mere suspicion and speculation likewise cannot be given
credence. Hence, when the complainant relies on mere
conjectures and suppositions, and fails to substantiate his
allegations, the administrative complaint must be
dismissed for lack of merit.” (emphasis supplied)
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awards of five (5) Medalya ng Kagalingan, four (4) Medalya ng
Kasanayan, one (1) Medalya ng Paglilingkod Laban sa Kriminalidad, one
(1) Medalya ng Pagtulong sa Nasalanta, nine (9) Medalya ng Papuri, one
(1) Medalya ng Natatanging Yunit and three (3) Medalya ng Ugnayang
Pampulisya; (Previously attached annexes in the submitted Answer are
the Commendations and Awards of the undersigned respondent);
IV.
PRAYER
The respondent further prays for such other reliefs just and equitable under
the premises.
SUBSCRIBED AND SWORN to before me this ____ day of June, 2020, here
at City of Malolos, Bulacan.
________________________________
Administering Officer
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