Complaint. Pretty Lady

Republic of the Philippines NATIONAL POLICE COMMISSION Regional Office VI Big City -o0oPRETTY LADY., Complainant,

-versus-

Admin Case No.: ________________ For: Grave Misconduct under Sec. 2 (C) (3) (r), Grave Dishonesty under Sec. 2 (C) (4) (b), Conduct Unbecoming of a Police Officer under Sec. 2 (C) (5) and Oppression under Sec. 2 (C) (7), all of NAPOLCOM Memorandum Circular No. 2016-002

PSINSP GWAPO, PO2 TARONG and PO1 NAUGHTY, Respondents. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x COMPLAINT

COMES NOW, Complainant PRETTY LADY., through the undersigned counsel, and unto this Honorable Office, most respectfully states that: THE PARTIES 1. Complainant PRETTY LADY, is of legal age, married, Filipino, a resident of Brgy. FM, Big City Philippines and is currently detained at the Custodial Facility of Big City Police Station, Big City, Philippines, where he may be served with notices and other processes of this Honorable Office at his residential address. 2. Respondent PSINSP GWAPO is the Team Leader of Regional Drugs Enforcement Unit 6 (RDEU 6) of Philippine National Police Regional Office VI, having his office address at Camp Crime, Big City, Philippines, where he may be served with summons and other processes of this Honorable Office. 3. Respondent PO2 TARONG is a member of Regional Drugs Enforcement Unit 6 (RDEU 6) of Philippine Page | 1

National Police Regional Office VI, also having his office address at Camp Crime, Big City, Philippines, where he may be served with summons and other processes of this Honorable Court. 4. Respondent PO1 NAUGHTY is also a member of Regional Drugs Enforcement Unit 6 (RDEU 6) of Philippine National Police Regional Office VI, having his office address at Camp Crime, Big City, Philippines, where he may be also served with summons and other processes of this Honorable Court. THE FACTS The following are the facts and circumstances that can be gleaned in the Affidavit of Pretty Lady., the Police Certification dated February 14, 2018 where complainant was the informant, the affidavits of complainant's witnesses, namely: Spouses Hot Love and Cold Love and the Police Certification also dated February 14, 2018 where said Spouses Love were the informants and the complaint together with its respective annexes filed by the respondents before the Office of the City Prosecutor of Big City where respective copies of the same are hereto attached and marked as Annexes "A", "B", "C", "D", "E", "F" and "G", respectively. 5. At around six (6) o’clock in the morning of January 1, 2018, complainant rode a passenger tricycle then driven by Sweet Lover from his house at Barangay FM, Big City going to a small cockfarm owned by his in-laws, namely, Spouses Spouses Hot Love and Cold Love, at Brgy. AM, Big City. 6. While complainant who was on board the tricycle was passing by the Big City Public Cemetery at Brgy. CM, Big City, a gray van coming from the opposite direction crossed their way causing the tricycle to stop. 7. Thereafter, a group of some unidentified persons in civilian clothes alighted from the van and approached herein complainant. 8. While complainant was being approached by said unidentified persons, another white Limousine arrived at the opposite direction and situated itself at the back of the tricycle. Page | 2

9. The group of unidentified persons then introduced themselves as police officers, told the complainant that they have a warrant for her arrest and handcuffed said complainant but without showing a warrant of arrest to said complainant. 10. Thereafter, complainant was brought by said police officers to Brgy. OA, Big City in front of Big City Cemetery which is about three (3) kilometers away from where complainant was illegally arrested and handcuffed. 11. It was only then that complainant was able to identify Respondent Gwapo from the group as he had already seen said respondent on television, not to mention the fact that Respondent Gwapo was once a Chief of Police of Big City. 12. Meanwhile, while they were at Brgy. OA, complainant was asked by Respondent Gwapo if complainant had a firearm with him which complainant vehemently denied. 13. For reasons only known to him, Respondent Gwapo then forcefully shoved complainant in the chest. 14. Thereafter, complainant was brought by the police officers outside the cockfarm in Brgy. AM, Big City, where he remained inside one of the vans guarded by some police officers from the outside. 15. Around ten (10) minutes lapsed thereafter, complainant was brought inside the cockfarm and saw that the suspected dangerous drugs and other items were already placed at the table. 16. It was only this time that the police operatives declared that an alleged buy-bust operation was conducted and that complainant was, in fact, the subject. 17. Thereafter, complainant was brought to Big City Police Station where she has been detained until the present.

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18. On January 11, 2018, a criminal case was filed against the complainant before the Office of the City Prosecutor of Big City for the alleged violation of Sections 5 and 11 of Republic Act No. 9165 of the Comprehensive Dangerous Drugs Act of 2002. 19. It was only then that complainant was able to actually identify Respondents Tarong and Naughty as some of the unidentified police officers who effected the arrest of the complainant.

CAUSE(S) OF ACTION 20. Complainant was not committing any illegal act during the time of her arrest as can be seen in the proofs submitted before this Honorable Office. 21. As a matter of fact, complainant was illegally arrested the moment he was handcuffed in front of Big City Public Cemetery in Brgy. OA, Big City and apparently discontented for this initial act, respondents went on and planted evidence against said complainant, resulting in the deprivation of his liberty despite the fact that he had not committed any crime when he was apprehended. 22. This is a clear case of Planting of Evidence as defined and penalized by under Section 29 of Republic Act No. 9165. 23. As it is a clear and intentional violation of law carrying with it the imposable penalty of more than six (6) months and one (1) day of imprisonment, Respondents should be properly held liable for Grave Misconduct as described under NAPOLCOM Memorandum Circular No. 2016-02. 24. For willfully and intentionally making untruthful statements in their affidavits by making it appear that there was an alleged buy-bust operation that took place causing the arrest of herein complainant when in truth and in fact, no such operation took place, Respondents Tarong and Naughty should be equally held liable for Grave Dishonesty under the above-mentioned Circular.

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25. For their wanton acts shown in effecting the unlawful arrest of herein complainant and by laying unnecessary force upon his person, Respondents displayed excessive use of authority and disgrace to themselves as police officers and as such, they should be held liable for Conduct Unbecoming of a Police Officer and Oppression as likewise separately defined and penalized under said Circular.

PRAYER WHEREFORE, premises considered, it is most respectfully prayed upon this Honorable Office after finding merit to this present complaint that decision be rendered in favor of the complainant Pretty Lady and finding Respondents Gwapo, Tarong and Naughty GUILTY as charged of the following administrative offenses defined and penalized under NAPOLCOM Memorandum Circular No. 2016002, to wit: 1. Grave Misconduct under Sec. 2 (C) (3) (r); 2. Grave Dishonesty under Sec. 2 (C) (4) (b); 3. Conduct Unbecoming of a Police Officer under Sec. 2 (C) (5); and, 4. Oppression under Sec. 2 (C) (7). Other reliefs just and equitable under the premises are likewise prayed for. RESPECTFULLY SUBMITTED. Done in the City of Big, Philippines, this 15 th day of February 2018. ASTIG LAW OFFICES Counsel for Complainant Pretty Lady. Suite 16, Second Floor, Body Building Jump St., Big City Tel. Nos. 8-7000 [email protected] by:

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ATTY. DAW PIHO IBP NO. 1057665, 01/03/18, Big City PTR NO. 4988730, 01/09/18, Big City Roll of Attorneys No. 66666 MCLE Compliance No. V-0000000, 4/15/18

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