Republic of the Philippines

National Police Commission

PHILIPPINE NATIONAL POLICE INTELLIGENCE GROUP
Camp Crame, Quezon City

PHILIPPINE NATIONAL POLICE

Complainant,

Admin Case No 38-14071-12

-Versus-

For: Simple Misconduct

Of NMC 2007-001 particularly
Rule 21 Sec 2(A,3), sub-para e
Failure to recognize and
Satisfy any Just Debt

PO3 MARY ANN CIELO TUPAZ

Respondent,
x - - - - - - - - - - - - - - - - - - - - - - - -x
MOTION TO LIFT ORDER OF DEFAULT
COMES NOW, the undersigned respondent, through herself and unto this Honorable Office
most respectfully states that:
1. Last August 13, 2014, the undersigned personally received Summons dated July 31,
2014 and a Notice of Pre-Hearing Conference dated August 12, 2014, both issued by this
Honorable Office, on the above entitled case. The Summons required the undersigned to submit
her Answer to the attached Complaint five (5) days after its receipt;
2. However, when the undersigned received the Summons, there was no Complaint
attached to it. Thus, the undersigned is now in a quandary what specific allegations of facts and
imputations of wrongdoings the undersigned has to answer;
3. For the information of this Honorable Office, the undersigned personally received the
Summons directing her to answer only on August 13, 2014. Granting without conceding that the
five (5) day period shall start to run from August 13, 2014, excluding holidays and non-working
days, then, the undersigned has yet until August 22, 2014 within which to submit her Answer. The
undersigneds reservation to the counting of the period is in line with the earlier stated fact that the
undersigned is not informed of the accusations against her considering that no Complaint was
attached to the Summons. The absence of the Complaint is tantamount to failure to inform
respondent of the cause of the accusations against her, a fatal defect of the proceedings;
4. In view of the fact that the undersigned respondent has not yet filed an Answer relative
to her defense, with all due respect, it is submitted that the Notice of Pre-Hearing Conference is
defective, for it will only issue after respondent has filed her Answer, or was given the opportunity to
do so.

PRAYER
Premises considered, it is most respectfully prayed that this Honorable Office:
1. Furnish the undersigned respondent a copy of the Complaint and other documents
supporting it;
2.

Set aside the Notice of Pre-Hearing Conference;

3. Count the five-day period for the undersigned to file her Answer from the time she
receive a copy of the complaint.
Other reliefs just and equitable under the present circumstances are likewise prayed for.
Quezon City, Philippines. August 15, 2014.
PO3 MARY ANN CIELO TUPAZ
Respondent

Copy furnished:
MARIA ISABEL CID SANTOS
Police Superintendent
Acting Chief, SSD