Position Paper Labares Finale

Republic of the Philippines
NATIONAL POLICE COMMISSION

NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
INTERNAL AFFAIRS SERVICE
Camp B/Gen. Rafael T. Crame, Quezon City
PHILIPPINE NATIONAL
POLICE (PNP),
Complainant,
ADMIN. CASE NO.: NIAS –

NMP 20 – 015
For: Grave Irregularity in the

-versus-
Performance of Duty
Less Grave Neglect of Duty
Conduct Unbecoming of a
Police Officer
PLT LUTGARDO Y.
LABARES
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
POSITION PAPER
Undersigned Respondent, assisted by counsel, unto the

Honorable Office of the Internal Affairs Service, most respectfully
submit the instant Position Paper, and in support thereof, state, that:
PROCEDURAL MATTERS
I. Improper Venue
1. It appears from the record of the instant administrative case

that the complaint therein was filed and acted upon by PNP
– Internal Affairs Service (IAS) in Quezon City;
2. It is submitted that the imputed offense was allegedly

committed in Antipolo City, Rizal, which is within Region IV;
3. According to Section 1, Rule 12 of the NAPOLCOM

Memorandum Circular (M.C.) No. 2016-002, complaints
against erring PNP personnel shall be filed in and acted
upon by the IAS having territorial jurisdiction where the
offense was committed;
4. While transfer of venue is sanctioned by the aforesaid Rule,

the same Rule provides for certain grounds before such
Position Paper Page 2
Admin. Case No.: NIAS – NMP 20 – 015
___________________________
transfer may be effected, and such transfer may be done

only upon motion of the parties involved;1
5. Upon perusal of the record, no such motion was made by

either parties, making the transfer of venue violative of the
aforesaid Rule;
6. In addition to the grounds mentioned below, given that the

offense was allegedly committed within Region IV and that
the complaint was filed with IAS-NCR, the complaint shall be
dismissed for improper venue.
II. Forum Shopping
1. Aside from this case, an administrative case (NCRPO-SPD-

DISTRICT HQS-No. 2019-0386) against the undersigned
Respondent for the same offenses has been pending before
the Southern Police District – District Investigation &
Detective Management Division (SPD-DIDM);
2. The Rule2 provides for prohibition against forum shopping,

subject to certain provisions which provide for the primary
jurisdiction of different Disciplinary Authorities over certain
offenses;
3. While the Rule3 provides that IAS may have concurrent

jurisdiction with other Disciplinary Authorities, the same is
limited in instances provided by Section 2, Rule 6;
4. It is submitted that forum shopping exists, in view of the

foregoing submissions;
5. Under Section 4, Rule 2, forum shopping shall be a ground

for dismissal of the case motu proprio or upon motion by the
respondent;
6. In the case of RETIRED SP04 BIENVENIDO LAUD, vs
PEOPLE OF THE PHILIPPINES G.R. No. 199032
November 19, 2014, the Supreme Court held that there is
forum shopping when a litigant repetitively avails of several
judicial remedies in different courts, simultaneously or
successively, all substantially founded on the same
transactions and the same essential facts and
circumstances, and all raising substantially the same issues
either pending in or already resolved adversely by some
other court to increase his chances of obtaining a favorable
decision if not in one court, then in another.63
1 Section 2, Rule 12, NAPOLCOM M.C. No. 2016-002.

2 Section 3, Rule 2.
3 Par. (d), Section 2, Rule 2.
___________________________
7. Hence, the undersigned Respondent hereby moves for the

dismissal of the case in view of the aforementioned ground,
among other available grounds.
SUBSTANTIAL MATTERS
I. Grave Irregularity in the Performance of Duty
1. The charge of grave irregularity in the performance of duty

has no legal and factual basis. The undersigned Respondent
was not on official duty on October 4, 2019 when he was
caught inside the cockpit arena.
2. This charge presupposes that an act was done in a gravely

irregular manner while on official duty or while acting an
official capacity as a police officer;
3. Hence, the undersigned Respondent cannot in anyway

commit an offense of irregularity in the performance of duty
simply because he was not carrying out an order or
performing official function at the time of alleged
cockfighting. He was acting in his personal capacity;
II. Neglect of Duty and Conduct Unbecoming a Police Officer
1. The charge of neglect of duty and conduct unbecoming a police

officer was also erroneous considering that the undersigned
Respondent did not disregard or abandon his duty as police
officer.
While the act was done in a private capacity, the same cannot
be said to indicate vitiated or corrupt state of moral character”4
since this imputed offense was only committed once. The
undersigned Respondent exhibited no manifestation as to
indicate the said corrupt state of moral character;
2. On the other hand, the undersigned Respondent most

respectfully admit that he had committed a breach of internal
discipline when he entered the cockpit arena. The undersigned
Respondent acknowledges his shortcomings and guarantees
that the same incident will never happen again.
In view of the foregoing, the undersigned Respondent

respectfully moves that the instant case be dismissed based on the
aforementioned grounds.
IN WITNESS WHEREOF, I hereunto affixed my signature this

__ day of February 2020, at Bacoor City, Philippines.
4 Section 1, par. (5), Rule 21.

___________________________
PLT LUTGARDO Y LABARES

Respondent/Affiant
Assisted by:
Atty. Antonio T. Nicolas

Counsel for the Respondent
Poblacion Bacoor City, Cavite
ROLL No. 27875
P.T.R. No. 1632949/1-3-19 Bacoor
IBP No. 059037/1-11-19-Imus
MCLE- VI-0011370 8-17-18
VERIFICATION
I, Lutgardo Labares, of legal age, Filipino, do hereby depose and

state that:
1. I am the respondent in this case;
2. I caused the preparation of this position paper;
3. I have read and understood the contents of this position paper

and attest to their truthfulness according to my personal
knowledge and/or based on authentic documents.
PLT LUTGARDO LABARES

Respondent/Affiant
Subscribed and sworn to, before me this ___ day of January

2020, at Bacoor City, Philippines, the affiant presented to me this I.D.
______________ with Number ___________. This is further to certify
that I have examined the respondents and that they voluntarily
executed and understood their given affidavit.

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Republic of the Philippines

NATIONAL POLICE COMMISSION

ADMIN. CASE NO.: NIAS –

For: Grave Irregularity in the

Undersigned Respondent, assisted by counsel, unto the

1. It appears from the record of the instant administrative case

2. It is submitted that the imputed offense was allegedly

3. According to Section 1, Rule 12 of the NAPOLCOM

4. While transfer of venue is sanctioned by the aforesaid Rule,

transfer may be effected, and such transfer may be done

5. Upon perusal of the record, no such motion was made by

6. In addition to the grounds mentioned below, given that the

II. Forum Shopping

1. Aside from this case, an administrative case (NCRPO-SPD-

2. The Rule2 provides for prohibition against forum shopping,

3. While the Rule3 provides that IAS may have concurrent

4. It is submitted that forum shopping exists, in view of the

5. Under Section 4, Rule 2, forum shopping shall be a ground

1 Section 2, Rule 12, NAPOLCOM M.C. No. 2016-002.

7. Hence, the undersigned Respondent hereby moves for the

I. Grave Irregularity in the Performance of Duty

1. The charge of grave irregularity in the performance of duty

2. This charge presupposes that an act was done in a gravely

3. Hence, the undersigned Respondent cannot in anyway

II. Neglect of Duty and Conduct Unbecoming a Police Officer

1. The charge of neglect of duty and conduct unbecoming a police

2. On the other hand, the undersigned Respondent most

In view of the foregoing, the undersigned Respondent

IN WITNESS WHEREOF, I hereunto affixed my signature this

4 Section 1, par. (5), Rule 21.

PLT LUTGARDO Y LABARES

Atty. Antonio T. Nicolas

I, Lutgardo Labares, of legal age, Filipino, do hereby depose and

1. I am the respondent in this case;

2. I caused the preparation of this position paper;

3. I have read and understood the contents of this position paper

PLT LUTGARDO LABARES

Subscribed and sworn to, before me this ___ day of January

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