OGcis-aDG
RECEIVED
REPUBLIC OF THE PHILIPPINES wy: __ Sail
BANGKO SENTRAL NG PILIPINAS are: 31 May) ou)
time: __ 9.40" P-M.
Office of the General Counsel and Legal Servic a
Administrative Discipline Group
IN RE: ADMINISTRATIVE
CASE AGAINST
Adm. Case No. 2199-2021
For: Simple Neglect of Duty
IVAN BJORN V. BAUTISTA
Respondent.
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PRE-HEARING CONFERENCE BRIEF
The Prosecution, Litigation and Administrative Cases Group,
Office of the General Counsel and Legal Services (OGCLS), Bangko
Sentral ng Pilipinas (BSP), in compliance with the Notice of Pre-Hearing
Conference, respectfully submits this Pre-Hearing Conference Brief, as
follows:
I. STIPULATION OF FACTS
The Prosecution proposes the following facts for
stipulations/ admissions:
1. The identity of Respondent Ivan Bjorn V. Bautista
(‘Respondent Bautista”), Bank Officer II, BSP Pampanga
Branch, as the one charged in this case.
2. That on 26 February 2019, at around 1:30 a.m., a trespassing
incident occurred ‘in BSP Pampanga Branch wherein an
intruder was able to enter the premises undetected.
3. That Respondent Bautista was on-duty on the date and time
of the said trespassing incident and assigned at the Main
Lobby of BSP Pampanga Branch.
4, That during the trespassing incident, the intruder passed by
the Main Lobby of BSP Pampanga Branch.
919 i1005. That Respondent Bautista failed to detect the presence of
and/or apprehend the intruder.
Il. ISSUE
Whether Respondent Bautista is guilty of Simple Neglect of
Duty, as provided under Rule 10, Section 50 D (1) of the 2017 Rules on
Administrative Cases in the Civil Service
Il. EVIDENCE
PROPOSED DESCRIPTION
MARKING
Exhibit A Investigation Report by the Investigation
and Prosecution Group (IPG)
Exhibit B CCTV footage of 26 February 2019 (1:00 to
2:00 a.m.)
Exhibit C Respondent Bautista’s. Memorandum/
Explanation dated 15 April 2019 with
subject “Incident on 25 February 2019”
Exhibit D OGCLS Memorandum dated 23 October
2019 requiring Respondent to file his
Sworn Comment/Explanation
Exhibit E Respondent Bautista’s Sworn Comment/
Explanation dated 19 November 2019
The Prosecution reserves the right to present and mark other
documentary exhibits as may be necessary in the course of the
proceedings.
IV. WITNESSES
1. Attys. Joven D. Huyo-a and Jesse Kenneth B. Pineda from
OGCLS-IPG
2. Mr. Donaldo B. Robles or a representative from OGCLS-
Docketing, Monitoring, and Records Division (DMRD)
The Prosecution reserves the right to present additional
witnesses as may be necessary in the course of the proceedings.V. HEARING DATES
‘Trial dates shall be as will be agreed upon during the pre-hearing
conference, and subject to the mutual availability of the parties and the
calendar of the Honorable Hearing Officer.
The Prosecution further moves that, as far as practicable and
considering the risk brought about by the pandemic, hearings be
conducted via videoconferencing.
‘VI. MATTERS TO EXPEDITE RESOLUTION OF THE CASE
The Prosecution is open to other matters which may aid in the
prompt and just resolution of the case.
RESPECTFULLY SUBMITTED.
City of Manila, 31 May 2021.
OFFICE OF THE GENERAL COUNSEL AND LEGAL SERVICES
BANGKO SENTRAL NG PILIPINAS
Litigation and Administrative Investigation Group
Room 313, 3" Floor, Five-Storey Building
BSP Complex, A. Mabini Street corner P. Ocampo, Sr. Street
Malate, Manila
By:
Aap bey
DAPHNE E. YU
Roll of Attorneys No. 61108
IBP OR No. 136529 - PPLM - 23 Dec. 2020
MCLE Compliance No. VI-0015572; 01/03/19
Email: YuDE@bsp.gov.ph; Tel. No. 8708-7701
Copy furnished:
MR. IVAN BJORN V. BAUTISTA
Respondent RHIC BN 31 2 efai/p
BSP Pampanga BranchEXPLANATION,
Due to distance and lack of personnel to effect personal service,
the foregoing PHC Brief is being served to the respondent by
registered /electronic mail.
“t ag bogey
DAPHNE E. YU