Republic of the Philippines

National Police Commission

Philippine National Police
INTERNAL AFFAIRS SERVICE
REGIONAL INTERNAL AFFAIRS SERVICE 4-B
PALAWAN PROVINCIAL INTERNAL AFFAIRS SERVICE
Camp Higinio Mendoza, Tiniguiban, Puerto Princesa City

IN RE: ADMINISTRATIVE COMPLAINT ADMIN DOCKET/CASE NR.

AGAINST: PO3 ALEXANDER M. BERMEJO RIAS4BF-NMP-ADM-16-0008

FOR: GRAVE MISCONDUCT

(Violation of RA 7610)
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ANSWER

I, PO3 Alexander M Bermejo, of legal age, Filipino, member of Philippine National

Police currently assigned with PNP-Regional Public Safety Battalion (RPSB) Taytay,
Palawan, after having been sworn to in accordance with law hereby depose and state:

That I am the respondent in the above-titled administrative case

That I am adapting my Comment/Counter Affidavit dated August 1, 2016

notarized by Atty. Arnel B. Venturillo duly submitted to the Office of the Puerto
Princesa City Internal Affairs Service to form part of this ANSWER, a copy of which is
hereto attached marked as Annex 1;

That on April 22, 2016, I was ordered by my Commanding Officer, PCI

Napoleon Germinal Jr to proceed to Puerto Princesa City to assists and accompany
him as he was then going to Iloilo, and further instructed to wait for my said
commanding officer here in Puerto Princesa City until his return on April 27, 2016.
This fact is covered under Entry No. 0754 and Entry No. 1090 of our Company Record
Book respectively, A copy of such entries from our Company Record Book is hereby
attached hereto as Annex 2 and Annex 2-A and made an integral part of this Answer.

That on April 23, 2016, Engr. Rolly U. So, my best friend, a batch mate and a
classmate since our high school days, called me up thru my cellphone, inviting me to
come to his birthday party which was held at DJ Balcony Resto Bar. A copy of his
affidavit is hereto attached marked as Annex 3 and made an integral part of this
affidavit;

That because it was a coincidence that herein respondent was also in Puerto
Princesa City at that time, I assented to his invitation and attended such birthday
celebration at DJ Balcony Resto Bar to which I believed that attending a social
gathering like this has no legal impediment against me as a police officer considering
that this event is only an isolated one;

That an untoward incident happened that time to which all the facts and
circumstances was thoroughly stated in the attached Annex 1 of this Answer;

That after that incident and everything was placed in order, and considering
that I do not have any contact numbers of police authorities here in Puerto Princesa, I
requested Engr. Rolly So to call a police assistance which he did and few minutes
from that call, a police patrol car from the Mendoza Police Station arrived at the scene,
This facts is evidenced by the statement of Engr. Rolly U So in Annex 3;

That I believed in the performance of my duty as a police officer at that time, I

have done all acts which is appropriate and just under the circumstances and no part
therein shall constitute a neglect of duty on my part, subject to my limitations as the
case maybe;

That I am submitting the copy of a Resolution from the City Prosecution Office
of Puerto Princesa City dated August 15, 2016, signed by Venus I. Gapuz-Taliman,
Assistant City Prosecutor, marked as Annex 4, dismissing the criminal case filed
against me filed by the herein complainant for Physical Abuse In relation to RA 7610
involving the same facts and issues, the dispositive portion which reads as follows:

“ WHEREFORE, premises considered, it is respectfully recommended

that the complaint against herein respondents be dismissed for lack of
probable cause.”

That I am submitting a copy of the CCTV Footage marked as Annex 5 as

evidence that I did not held the complainant only to be punched by a certain Lolito
Linga, but only pushed him away to stop him from punching John Michael So. The
appreciation of the City Prosecutor on the CCTV footage is hereby quoted as follows:

“….. It was depicted in the CCTV Footage that it was the group of RZD
(Ralph Zykie Diaz, the complainant,)which started the trouble when JMS (John
Michel So) went near Formento who was standing near the table and thereafter
punched JMS several times. Commotion ensued and a man with a cap
suddenly appeared and held RZD while being cornered near the wall while
JMS was being taken away to prevent further fight. The CCTV shows that PO3
 Bermejo was then holding RZD but somebody from his back was trying to
punch RZD that almost hit him (PO3 Bermejo)….”

That the allegations in the complaint against me are done in bad faith for
being false, fabricated, and perjured solely to harass and persecute me because I
am gainfully employed and this case will be unnecessary burden my job;

That the complaint filed against me have caused me so much stress,

besmirched reputation, sleepless night, severe anxiety and for fear of losing my job,
hence, damages is appropriate and in accord with law.

That out of this malicious complaint filed against me, It had caused me incurred
unnecessary expenses particularly attorney’s fees in the amount of Twenty Thousand
Pesos (Php 20,000.00), plus the expenses incurred in attending this case.

WHEREFORE, premises considered, respondent respectfully prays before this

Honorable Hearing Officer to DISMISS the complaint against me for lack of merit and
for lack of substantial evidence, and for other relief that maybe just and equitable
under the premises.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 19th day of

September 2016 in Puerto Princesa City.

PO3 ALEXANDER M. BERMEJO

Affiant

SUBSCRIBED AND SWORN to before me this _______ day of September

2016 in Puerto Princesa City and hereby certify that I personally examined the affiant
and I am convinced that he freely voluntarily executed and understood the contents of
the foregoing Answer based on his personal knowledge.
Republic of the Philippines )
City of Puerto Princesa ) S.S.

AFFIDAVIT

I, ROLLY U. SO, of legal age, married, presently residing at Zone 1, Purok

Abanico, Brangay San Pedro, Puerto Princesa City, after having been sworn to in
accordance with law hereby depose and state:

1. That on April 23, 2016, I am celebrating an advance birthday party for my

50th birthday which was held at DJ Balcony Resto Bar located at North
National Highway, City of Puerto Princesa;

2. That on that date at more or less 10:00 AM, I personally invited a good
friend of mine PO3 Alexander M. Bermejo, thru a call from my cellphone to
which he assented and confirmed that he is coming;

3. That during the celebration, a commotion ensued which caused by persons

not belonging to the group whom I invited and are then present. It was later
known that the unlawful aggressors was the group Ralph Zykie Diaz, son of
PO3 Karen Diaz, assigned in the City PNP Headquarters, Puerto Princesa
City;

4. That after the commotion and trouble has totally ceased, PO3 Alexander
advised me to contact police authority to proceed to the place of the incident
which I did, and few minutes later a police patrol car from the Mendoza PNP
Station arrived and do some questioning;

5. That my brother-in-law Lolito Linga who suffered injuries caused by the

punching of Mr. Ralph Zykie Diaz was actually assisted by the police
authorities who arrived at the scene, by bringing him to the Irawan Police
Station to blotter the incident and for the injuries sustained.

6. That the fact of the dispatched of mobile patrol and the incident surrounding
this case was never recorded in the record of Mendoza Police Station.

7. That I executed this affidavit to attest to the truthfulness of the foregoing

statement and that it is my voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 19th day of

September 2016 in Puerto Princesa City.

ROLLY U. SO
Affiant

SUBSCRIBED AND SWORN to before me this _______ day of September

2016 in Puerto Princesa City and hereby certify that I personally examined the affiant
and I am convinced that he freely voluntarily executed and understood the contents of
the foregoing Answer based on his personal knowledge.