2010 Pre-Charge Er
2010 Pre-Charge Er
MOCPIDMB- 070610-__
MEMORANDUM:
1. References:
2. This pertains to the continuous unauthorized absences (AWOL) of more than thirty (30)
days allegedly committed by PO1 Noel Mar Fernandez Santiago, PNP member, assigned with Lubang
Municipal Police Station, Lubang, Occidental Mindoro effective March 17, 2009.
3. As borne out by the records, PO1 Noel Mar Fernandez Santiago, while member of
Lubang Municipal Police Station, under this PPO, was instructed on March 17, 2009, by SPO4 Juan
Candelario Aguacito, PNCOIC of Lubang MPS, to report to Camp Efigenio C. Navarro, Calapan City,
Oriental Mindoro on March 18, 2009, in consonance with the directive from OCC MDO PPO, to
participate in Character and Aptitude Development Training (CADET) Program to be held thereat.
However, subject PNCO failed to report and participate the CADET Program. After the termination of
the CADET Program on April 16, 2009, and even after the ACADEMIC BREAK given for the
participants, from April 17 - 24, 2009, subject PNCO still failed to report for duty and also failed to
inform his immediate superior regarding his whereabouts.
4. Thus, on April 25, 2009, SPO4 Juan Candelario Aguacito, PNCOIC of Lubang MPS,
sent thru registered mail a NOTICE notifying subject PNCO to report for duty. Likewise, a memorandum
dated November 3, 2009, from the APD, OCC MDO PPO, was sent to subject PNCO. Both said
notifications were served or sent at his last known address as appearing in his latest personal file with the
Administrative Office (Notice dated April 25, 2009 and Memo dated November 3, 2009, are hereto
attached).
5. Despite of the two (2) consecutive notifications sent to subject PNCO, the latter still
failed and continuously fails to report for duty up to this report. (Affidavit of SPO4 Juan C Aguacito
and PO1 Hannah F Novio, both dated June 4, 2009, are hereto attached).
6. Since March 17, 2009, when subject PNCO left Lubang Municipal Police Station, the
latter failed to report for duty and also failed to inform his unit of his whereabouts. Thus, he was marked
AWOL effective March 17, 2009 (Investigation Report from the PNCOIC of Lubang MPS dated
June 02, 2009, is hereto attached). On March 1, 2010, subject PNCO reported for duty before Lubang
MPS (Official Signal Dispatch dated March 3, 2010).
7. As a rule, officers and employees who were absent for at least thirty (30) days without
approved leave are considered AWOL and shall be DROPPED from the service after due notice (Sec 35,
Rule XVI, Omnibus Civil Service Rules and Regulations. Implementing Book V of Executive
Order No. 292).
“As regards a member who has been on AWOL for thirty (30) calendar days or more, he shall be
dropped from the rolls without prior notice. However, he shall be informed of his separation not later than
five (5) days from its effectivity which shall be sent to his address appearing in his latest 201 file”.
9. In view with the above and after careful scrutiny of the records, it can be construed that
probable cause exists to charge PO1 Noel Mar Fernandez Santiago PNP for Serious Neglect of Duty
(AWOL).
10. Nevertheless, in order to give the respondent an opportunity to invoke his constitutional
rights to due process, it is deemed further appropriate that subject PNCO be subjected to a Summary
Hearing Proceedings.
11. WHEREFORE, premises considered, this office recommend that PO1 Noel Mar
Fernandez Santiago PNP be subjected to Summary Hearing Proceedings in order for him to adduce
evidence in his behalf and articulate his defense in an open proceedings pursuant to NAPOLCOM
Memorandum Circular Number 2007-001.
APPROVED/DISAPPROVED
Enclosures:
a. Memo from OIC, OCC MINDORO PPO, dated 02 Dec 2009
b. Memo from ARD, PRO MIMAROPA, dated 13 Nov 2009
c. Accomplished Complaint Sheet Form
d. Non-Forum Shopping
e. Verification of Complaint
f. IR dated 02 June 2009
g. “Sinumpaang Salaysay” of SPO4 Aguacito
h. “Sinumpaang Salaysay” of PO1 Novio
i. Memo dated Nov 3, 2009
j. Notice dated April 25, 2009
k. Other allied documents
MOCPIDMB-041211-__
MEMORANDUM:
1. References:
2. This pertains to the Less Grave Neglect of Duty (AWOL) allegedly committed by
PO1 Niño Perez Magtoto, PNP member, presently assigned at San Jose Municipal Police
Station, San Jose, Occidental Mindoro, effective October 25, 2010.
3. Records show that PO1 Niño Perez Magtoto PNP, while member of San Jose
Municipal Police Station under this PPO, on October 25, 2010, subject PNCO was detailed to
render election duty last “2010 Barangay and Sangguniang Kabataan Elections” at Brgy
Inasakan, San Jose, Occidental Mindoro. For unknown reasons, PO1 Niño P Magtoto failed to
report for duty on his assignment.
5. On November 4, 2010, personal contact had been made by the personnel of San
Jose MPS to Ms. Emily Enano (Common-law wife of the respondent) informing them regarding
the AWOL Case committed and directing subject PNCO to report before Chief of Police of San
Jose MPS. On November 5, 2010, respondent PNCO personally appeared and reported before
his Chief of Police and showed the copy of his Medical Certificate certifying therein that he had
undergone medical operation from October 23, 2010 to November 23, 2010. (Affidavits of
______________ , are hereto attached).
6. After careful read-through of the records, it can be deduced that probable cause
exists to charge PO2 Roseo M Madrigal PNP for Grave Misconduct (Frustrated Homicide and
Breach of Agreement).
Noted By:
Danilo Salibio Estuya
Senior Police Officer 4
PIDMB, PNCO
Approved/Disapproved:
Attachments:
Noted By:
MECHILLE BARRETE DELIGERO
Police Chief Inspector
Chief, PIDMB
APPROVED/DISAPPROVED
Enclosures:
l. Memo from PD, OCC MINDORO PPO
m. IR from the COP of San Jose MPS
n. Counter- Affidavit of PO1 Magtoto NP
o. Other allied documents
MOCPIDMB- 280808-___
MEMORANDUM:
1. References:
2. This pertains to the Grave Misconduct in the alleged shooting to death the victims
Solomon Ebalo and Narciso Baustita that transpired on May 29, 2006 at around 10:45 o’clock in
the evening at De Augusto St., Brgy. Salapan, San Juan, Metro Manila which was allegedly
perpetrated by SPO4 Rogelio Saballo Tamayosa, formerly assigned as Chief of Police of
Lubang Municipal Police Station, Lubang, Occidental Mindoro.
3. Records show that on the above-mentioned date, time and place, the group of
Solomon Ebalo and Narciso Bautista was then having a drinking spree while the group of the
respondent PNCO was likewise having a drinking session, just few meters away from the house
of the victims. Victims were allegedly disturbed by the noise created by the group of SPO4
Rogelio Tamayosa. Victim Solomon Ebalo then instructed Narciso Bautista to go to the
suspect’s group to caution the latter from creating too much noise. At that juncture, a heated
argument ensued between Narciso Bautista prompted the latter to leave the place and returned
together with Solomon Ebalo, both armed with a steel pipe with pointed ends and started
challenging the suspect while striking the steel gate of the suspect. Suspect got irked, pulled-out
his hand gun from his waist and shot Solomon Ebalo twice and then went outside and shot
Narciso Bautista several times, killing them instantly. SPO4 Rogelio Saballo Tamayosa left the
crime scene and voluntarily surrendered to PSUPT RODELIO JOCSON, Chief of Police of San
Juan Police Station without the weapon used and verbally admitted responsibility on the
shooting, claiming it was self defense. (Incident Report dated May 30, 2006, is hereto
attached).
4. On June 26, 2006, Mrs. Emma D. Ebalo, wife of the victim Solomon Ebalo, had
filed an administrative complaint, with certification of Non-Forum Shopping, before the Internal
affairs Service at Camp Crame, Quezon City for Grave Misconduct (Murder) against SPO4
Rogelio S. Tamayosa. (Complaint Sheet Form, with certification of Non-Forum Shopping,
and other allied documents are hereto attached).
5. Since the administrative case was filed before the Internal Affairs Service, this
office suspended and terminated the conduct of Summary Dismissal Proceedings (SDP), after
finding that IAS Camp Crame, Quezon City has acquired jurisdiction over the case, to avoid
duplication of charges. (Memo from this PPO dated August 31, 2006, Letter from Atty.
Ernesto V. Cabrera, Counsel for the respondent, dated August 24, 2006; Pre-Charge
Investigation Notice of Complaint dated July 27, 2006, and Counter-Affidavit of the
respondent are hereto attached).
APPROVED/DISAPPROVED
Enclosures:
MOCPIDMB- 260211-__
MEMORANDUM:
2. References:
a. Memorandum from RD, PRO MIMAROPA, dated August 22, 2008; and
b. Memorandum from TDIDM addressed to RD, PRO MIMAROPA, dated
July 06, 2008, with subject Updating of PNP Personnel with Pending Summary hearing Proceedings
(SHP).
2. This pertains to the Grave Misconduct in the alleged shooting to death the victims
Solomon Ebalo and Narciso Baustita that transpired on May 29, 2006 at around 10:45 o’clock in the
evening at De Augusto St., Brgy. Salapan, San Juan, Metro Manila which was allegedly perpetrated by
SPO4 Rogelio Saballo Tamayosa, formerly assigned as Chief of Police of Lubang Municipal Police
Station, Lubang, Occidental Mindoro.
3. Records show that on the above-mentioned date, time and place, the group of Solomon
Ebalo and Narciso Bautista was then having a drinking spree while the group of the respondent PNCO
was likewise having a drinking session, just few meters away from the house of the victims. Victims
were allegedly disturbed by the noise created by the group of SPO4 Rogelio Tamayosa. Victim Solomon
Ebalo then instructed Narciso Bautista to go to the suspect’s group to caution the latter from creating too
much noise. At that juncture, a heated argument ensued between Narciso Bautista prompted the latter to
leave the place and returned together with Solomon Ebalo, both armed with a steel pipe with pointed
ends and started challenging the suspect while striking the steel gate of the suspect. Suspect got irked,
pulled-out his hand gun from his waist and shot Solomon Ebalo twice and then went outside and shot
Narciso Bautista several times, killing them instantly. SPO4 Rogelio Saballo Tamayosa left the crime
scene and voluntarily surrendered to PSUPT RODELIO JOCSON, Chief of Police of San Juan Police
Station without the weapon used and verbally admitted responsibility on the shooting, claiming it was
self defense. (Incident Report dated May 30, 2006, is hereto attached).
4. On June 26, 2006, Mrs. Emma D. Ebalo, wife of the victim Solomon Ebalo, had filed an
administrative complaint, with certification of Non-Forum Shopping, before the Internal affairs Service
at Camp Crame, Quezon City for Grave Misconduct (Murder) against SPO4 Rogelio S. Tamayosa.
(Complaint Sheet Form, with certification of Non-Forum Shopping, and other allied documents
are hereto attached).
5. Since the administrative case was filed before the Internal Affairs Service, this office
suspended and terminated the conduct of Summary Dismissal Proceedings (SDP), after finding that IAS
Camp Crame, Quezon City has acquired jurisdiction over the case, to avoid duplication of charges.
(Memo from this PPO dated August 31, 2006, Letter from Atty. Ernesto V. Cabrera, Counsel for
the respondent, dated August 24, 2006; Pre-Charge Investigation Notice of Complaint dated July
27, 2006, and Counter-Affidavit of the respondent are hereto attached).
APPROVED/DISAPPROVED
Enclosures:
h. Memo from RD, PRO MIMAROPA, dated August 22, 2008
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Provincial Investigation and Detective Management Branch (PIDMB)
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
MOCPIDMB- 101210-__
MEMORANDUM:
1. References:
2. This pertains to the Less Grave Neglect of Duty (AWOL) allegedly committed by
PO1 Niño Perez Magtoto, PNP member, presently assigned at San Jose Municipal Police
Station, San Jose, Occidental Mindoro, effective October 25, 2010.
3. Records show that PO1 Niño Perez Magtoto PNP, while member of San Jose
Municipal Police Station under this PPO, on October 25, 2010, subject PNCO was detailed to
render election duty last “2010 Barangay and Sangguniang Kabataan Elections” at Brgy
Inasakan, San Jose, Occidental Mindoro. For unknown reasons, PO1 Niño P Magtoto failed to
report for duty on his assignment.
5. On November 4, 2010, personal contact had been made by the personnel of San
Jose MPS to Ms. Emily Enano (Common-law wife of the respondent) informing them regarding
the AWOL Case committed and directing subject PNCO to report before Chief of Police of San
Jose MPS. On November 5, 2010, respondent PNCO personally appeared and reported before
his Chief of Police and showed the copy of his Medical Certificate certifying therein that he had
undergone medical operation from October 23, 2010 to November 23, 2010. (Affidavits of
______________ , are hereto attached).
6. After careful read-through of the records, it can be deduced that probable cause
exists to charge PO1 Niño Perez Magtoto PNP for Serious Neglect of Duty (AWOL).
APPROVED/DISAPPROVED
Enclosures:
p. Memo from PD, OCC MINDORO PPO
q. IR from the COP of San Jose MPS
r. Counter- Affidavit of PO1 Magtoto NP
s. Other allied documents
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Provincial Investigation and Detective Management Branch (PIDMB)
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
MOCPIDMB- 070610-__
MEMORANDUM:
1. References:
2. This pertains to the continuous unauthorized absences (AWOL) of more than thirty (30)
days allegedly committed by PO1 Noel Mar Fernandez Santiago, PNP member, assigned with Lubang
Municipal Police Station, Lubang, Occidental Mindoro effective March 17, 2009.
3. As borne out by the records, PO1 Noel Mar Fernandez Santiago, while member of
Lubang Municipal Police Station, under this PPO, was instructed on March 17, 2009, by SPO4 Juan
Candelario Aguacito, PNCOIC of Lubang MPS, to report to Camp Efigenio C. Navarro, Calapan City,
Oriental Mindoro on March 18, 2009, in consonance with the directive from OCC MDO PPO, to
participate in Character and Aptitude Development Training (CADET) Program to be held thereat.
However, subject PNCO failed to report and participate the CADET Program. After the termination of
the CADET Program on April 16, 2009, and even after the ACADEMIC BREAK given for the
participants, from April 17 - 24, 2009, subject PNCO still failed to report for duty and also failed to
inform his immediate superior regarding his whereabouts.
4. Thus, on April 25, 2009, SPO4 Juan Candelario Aguacito, PNCOIC of Lubang MPS,
sent thru registered mail a NOTICE notifying subject PNCO to report for duty. Likewise, a memorandum
dated November 3, 2009, from the APD, OCC MDO PPO, was sent to subject PNCO. Both said
notifications were served or sent at his last known address as appearing in his latest personal file with the
Administrative Office (Notice dated April 25, 2009 and Memo dated November 3, 2009, are hereto
attached).
5. Despite of the two (2) consecutive notifications sent to subject PNCO, the latter still
failed and continuously fails to report for duty up to this report. (Affidavit of SPO4 Juan C Aguacito
and PO1 Hannah F Novio, both dated June 4, 2009, are hereto attached).
6. Since March 17, 2009, when subject PNCO left Lubang Municipal Police Station, the
latter failed to report for duty and also failed to inform his unit of his whereabouts. Thus, he was marked
AWOL effective March 17, 2009 (Investigation Report from the PNCOIC of Lubang MPS dated
June 02, 2009, is hereto attached). On March 1, 2010, subject PNCO reported for duty before Lubang
MPS (Official Signal Dispatch dated March 3, 2010).
7. As a rule, officers and employees who were absent for at least thirty (30) days without
approved leave are considered AWOL and shall be DROPPED from the service after due notice (Sec 35,
Rule XVI, Omnibus Civil Service Rules and Regulations. Implementing Book V of Executive
Order No. 292).
“As regards a member who has been on AWOL for thirty (30) calendar days or more, he shall be
dropped from the rolls without prior notice. However, he shall be informed of his separation not later than
five (5) days from its effectivity which shall be sent to his address appearing in his latest 201 file”.
9. In view with the above and after careful scrutiny of the records, it can be construed that
probable cause exists to charge PO1 Noel Mar Fernandez Santiago PNP for Serious Neglect of Duty
(AWOL).
10. Nevertheless, in order to give the respondent an opportunity to invoke his constitutional
rights to due process, it is deemed further appropriate that subject PNCO be subjected to a Summary
Hearing Proceedings.
11. WHEREFORE, premises considered, this office recommend that PO1 Noel Mar
Fernandez Santiago PNP be subjected to Summary Hearing Proceedings in order for him to adduce
evidence in his behalf and articulate his defense in an open proceedings pursuant to NAPOLCOM
Memorandum Circular Number 2007-001.
APPROVED/DISAPPROVED
MICHAEL ISHIBASHI BAYSA
Police Senior Superintendent (DSC)
Enclosures:
t. Memo from OIC, OCC MINDORO PPO, dated 02 Dec 2009
u. Memo from ARD, PRO MIMAROPA, dated 13 Nov 2009
v. Accomplished Complaint Sheet Form
w. Non-Forum Shopping
x. Verification of Complaint
y. IR dated 02 June 2009
z. “Sinumpaang Salaysay” of SPO4 Aguacito
aa. “Sinumpaang Salaysay” of PO1 Novio
bb. Memo dated Nov 3, 2009
cc. Notice dated April 25, 2009
dd. Other allied documents
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Provincial Investigation and Detective Management Branch (PIDMB)
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
MOCPIDMB- 200510-__
MEMORANDUM:
1. References:
3. As borne out by the records, respondent PNCO who was presently assigned with
San Jose Municipal Police Station, San Jose, Occidental Mindoro was charged for alleged
violation of NAPOLCOM MEMO CIRCULAR NUMBER 2007-001, Sec. 2-C, Para 3, Sub
Para R- Commit any act or omission that constitute a crime punishable under the Revised Penal
Code or Special Laws by PINSP GERALD FLORENDO BENDILLO, Deputy COP of San Jose
MPS. The administrative case for Grave Misconduct (Indiscriminate Firing) states among
others:
“That on April 10, 2010 at around 4:20 in the afternoon, the San Jose MPS
received an information from a concerned citizen that there was a PNP member, armed
with undetermined caliber of firearm, creating trouble at Aroma Beach, Brgy San Roque
1, San Jose this province. Upon receipt of the said information, PNP elements of San
Jose MPS led by PINSP GERALD FLORENDO BENDILLO immediately responded to
the place of incident. Responding team witnessed in point of fact PO3 Dennis Bagtas
Monilla, while creating trouble thereat and then, for unknown reasons, indiscriminately
fired his firearm into the air. As a course of action, after introducing themselves as law
enforcers, responding team was able to pacify and convince subject PNCO to peacefully
surrender before them. Recovered and confiscated from the possession and control of
PO3 Dennis Monilla is one (1) caliber 9mm pistol Pietro Berretta bearing serial number
55142Z with one (1) magazine loaded with seven (7) live ammunitions and one (1)
empty shell. On account of the foregoing, suspect, after apprised of his constitutional
rights, was placed under arrest and brought to San Jose MPS together with the
confiscated firearm, for investigation and proper disposition of the case” (Memo from
OIC, OCC MDO PPO dated 11 April 2010, Investigation Report dated April 14,
2010 are hereto attached).
6. After the alleged indiscriminate firing, subject PNCO was brought by the
responding PNP elements of San Jose MPS to Saint Magdalene Hospital at Bonifacio St., Brgy
3, San Jose this province wherein he was diagnosed to have been positive to Alcoholic Breath as
administered by Dr. Lope C. Asilo, M.D (Medical Certificate dated April 10, 2010).
7. The paraffin cast taken from the right hand of subject PNCO, after the conduct of
qualitative examination upon him, gave POSITIVE result to the test for the presence gunpowder
nitrates while the cast taken from his left hand is negative. Likewise, through qualitative
examination conducted on the 9mm caliber pistol of PO3 Monilla gave positive result to the test
for the presence of gunpowder nitrates (See attached Chemistry Report No. C-007-10 and
Chemistry Report No. C-008- 10)
8. Further, when the recovered fired cartridge was subjected for microscopic
examination and comparison, revealed the same individual characteristic with the test cartridge
cases fired from the 9mm pistol of PO3 Monilla (See attached Direarm Identification Report
No. FAID-053-2010).
9. On the other hand, PO3 Dennis Bagtas Monilla, on his Counter-Affidavit dated
June 9, 2010, averred that the incident occurred due to the effect of financial crisis upon his
family wherein he has experienced financial incapacity as he receiving only Three Thousand
Pesos (Php 3,000.00) per month, thus he suffered several setbacks and reverses in life. He
further averred that due to the said circumstances, it resulted in an often arguments between him
and his wife, thus, to ease his problem, he was tempted to take intoxicating liquor as his way to
reduce his emotion, and categorically admitted that he is a normal person with weaknesses and
shortcomings. Said incident occurred without intentional purpose as the same was brought about
by weaknesses and appealing for another chance to strengthen and correct such actuation, trying
to renew his life for the benefit of his wife and children.
10. PO3 Dennis Bagtas Monilla finally averred that for 24 years continuous service,
he devoted his time and efforts to perform his assigned task to the best of his ability with respect
and religiously following the lawful orders of his superior and the mandates of the law, and the
said intoxication is not his habitual or an intentional to bolster his courage to perform or to
commit said improper act. Thus, in view thereof, he prayed that the penalty to be imposed upon
him for alleged Grave Misconduct (Indiscriminate Firing) imputed against him be mitigated.
14. NAPOLCOM MEMO CIRCULAR NUMBER 2007- 00, Rule 21, Section 1,
defines Misconduct or Malfeasance as follows:
15.
4. Since September 19, 2009, respondent PNCO continuously fails to report for
duty up to this report without informing his unit of his whereabouts. (Investigation Report
from the COP of Looc MPS dated November 17, 2009, is hereto attached).
5. Despite of the two (2) consecutive radio messages sent to the Office of PSSUPT
CAESAR DANIEL TIMOG MIRANDA, the former Provincial Director of OCC MDO PPO,
subject PNCO still failed and continuously fails to report for duty up to this report. (Affidavit of
SPO2 Freddie Abesamis Calayag, PNCOIC-Looc MPS, dated November 17, 2009, is
hereto attached).
6. There is an information received by this office that subject PNCO was allegedly
working abroad. Thus, he continuously fails to report for duty.
7. As a rule, ABSENT oneself from office without having filed the necessary
application for leave or secured approval of the authorized official for a period of more than
fifteen (15) days prior to the enjoyment of the leave is categorized under Serious Neglect of
Duty (NAPOLCOM MEMO CIR NO. 2007- 001, Rule 21, Section 2, para 1, sub para j).
8. Further, as a rule, officers and employees who were absent for at least thirty (30)
days without approved leave are considered AWOL and shall be DROPPED from the service
after due notice (Sec 35, Rule XVI, Omnibus Civil Service Rules and Regulations.
Implementing Book V of Executive Order No. 292).
“As regards a member who has been on AWOL for thirty (30) calendar days or more, he shall be
dropped from the rolls without prior notice. However, he shall be informed of his separation not later than
five (5) days from its effectivity which shall be sent to his address appearing in his latest 201 file”.
20. In view with the above and after careful read-through of the records, it can be
deduced that probable cause exists to charge PO2 Dennis Bagtas Monilla PNP for Serious
Neglect of Duty (AWOL).
12. WHEREFORE, premises considered, this office recommend that PO1 Dennis
Santos Enano PNP be subjected to Summary Hearing Proceedings in order for him to adduce
evidence in his behalf and articulate his defense in an open proceedings pursuant to
NAPOLCOM Memorandum Circular Number 2007-001.
APPROVED/DISAPPROVED
Enclosures:
ee. Memo from OIC, OCC MINDORO PPO
ff. Accomplished Complaint Sheet Form
gg. Non-Forum Shopping
hh. Verification of Complaint
ii. IR dated 17 Nov 2009
jj. “Sinumpaang Salaysay” of SPO2 Calayag FA
kk. Radio Message dated 4 Nov 2009
ll. Radio message dated 19 Oct 2009
mm. Other allied documents
a. Attempted Murder for subject PNCO allegedly tried to kill him using a
firearm.
b. That the above incident has threatened his life. (SS dated May 2, 2006 is
hereto attached and marked as Annex “C”)
10. In his Sinumpaang Salaysay dated May 2, 2006, PFC Edgar Zingapan y Arogay ,
member of 80 IB, Philippine Army, based at Brgy San Roque, San Jose this province, narrated
that on May 2, 2006 at around 3:30 o’clock in the afternoon while he was on duty , he heard
gun fires at Aroma Beach in Brgy San Roque , near their Headquarters wherein the
complainant arrived and seeking for
assistance. Immediately thereafter, together with Major Trully Pasamonte responded to the area
and upon reaching thereat the complainant personally pointed PO1 Mercado as the one who shot
him. He further narrated that PO1 Mercado voluntarily surrendered his firearm to the responding
military personnel. (SS dated May 2, 2006 is hereto attached and marked as Annex “E”)
12. On the other hand, respondent POI Frederick Santiago Mercado after being
informed of the complaint, submitted his “Sinumpaang Salaysay” dated 13 June 2006, alleges
that he strongly denies the accusations of Grave Misconduct (Attempted Murder) allegedly
committed against Nicolas Nepumoceno claiming that it was untrue, baseless and malicious. He
further averred that there is no concrete evidence to provide of his guilt contending that there is
no empty shell of ammunitions of any short firearm recovered from the area nor he subjected for
paraffin test to determine if he really discharged his firearm. He finally averred that the criminal
case filed against him was dismissed by the court as the complainant voluntarily executed an
Affidavit of Desistance stating therein that he is no longer interested to pursue the case against
PO1 Mercado as their allegation is untrue but a mere misunderstanding between the complainant
and the respondent. (SS dated June 13, 2006 is hereto attached and marked as Annex
“G”).
15. Under the law, in order to prove the guilt of the accused there must be an
evidence to provide of his guilt and that is the physical evidence - an evidence of the highest
order. It speaks more eloquently than a hundred witnesses (People vs. Sacabin, 57 SCRA 707;
People vs. Ison, 173 SCRA 118).
17. Furthermore, as to the criminal complaint (Attempted Murder) filed against PO1
Mercado, the administrative investigation shall be separate from and independent of the criminal
proceedings in court for the same offense but in the case at bar, subject PNCO was not convicted
by final judgment in court of the crime imputed against him for it was dismissed by the
prosecutor assigned for lack of probable cause, thus, he shall not be charged for violation of law.
V. CONCLUSION:
18. In the light of the foregoing, and as culled by available evidences at hand, the
herein investigator could not arrive into conclusion that subject PNCO has committed the
alleged Grave Misconduct in the absence of the following: Firstly, a credible witness that will
come forward to voluntarily give information on the account of the crime and to substantiate the
findings of the court; and Secondly, a convincing evidence to establish a probable cause in
support of the complaint against subject PNCO and the circumstances does not constitute an
unbroken chain which leads to one fair and reasonable conclusion pointing to the subject as the
guilty person, hence, recommend that a Summary Dismissal Proceeding be instituted against the
herein respondent for him to adduce evidences and witnesses on his behalf in accordance with
NAPOLCOM MEMO Circular # 96-010.
VI. RECOMMENDATION:
Enclosures:
MOCPIDMB-110410- __
MEMORANDUM
2. This pertains to an incident of Indiscriminate Firing that transpired on April 10, 2010 at
around 4:20 in the afternoon at Aroma Beach, Brgy San Roque 1, San Jose, Occidental Mindoro
commited by PO3 Dennis Bagtas Monilla-045290 PNP member assigned at San Jose MPS under this
PPO.
MOCPIDMB- 190510-__
MEMORANDUM:
1. References:
3. Records show that PO1 Dennis Santos Enano, while member of Looc Municipal
Police Station, under this PPO, left from the said Municipal Police Station on September 15,
2009, purposely, to file his application for leave at OCC MDO PPO but subject PNCO failed to
report for duty and failed to inform his immediate superior regarding his whereabouts. Thus, on
October 19, 2009, a radio message from Looc Municipal Police Station was dispatched,
addressed to the Office of the former Provincial Director, OCC MDO PPO, requesting to contact
and advise subject PNCO to report for duty. On November 4, 2009, another radio message from
the COP of Looc Municipal Police Station was dispatched, addressed to the Office of Provincial
Director, OCC MDO PPO, informing that PO1 Dennis Santos Enano was marked AWOL
effective November 4, 2009.
4. Since September 19, 2009, respondent PNCO continuously fails to report for
duty up to this report without informing his unit of his whereabouts. (Investigation Report
from the COP of Looc MPS dated November 17, 2009, is hereto attached).
5. Despite of the two (2) consecutive radio messages sent to the Office of PSSUPT
CAESAR DANIEL TIMOG MIRANDA, the former Provincial Director of OCC MDO PPO,
subject PNCO still failed and continuously fails to report for duty up to this report. (Affidavit of
SPO2 Freddie Abesamis Calayag, PNCOIC-Looc MPS, dated November 17, 2009, is
hereto attached).
6. There is an information received by this office that subject PNCO was allegedly
working abroad. Thus, he continuously fails to report for duty.
7. As a rule, ABSENT oneself from office without having filed the necessary
application for leave or secured approval of the authorized official for a period of more than
fifteen (15) days prior to the enjoyment of the leave is categorized under Serious Neglect of
Duty (NAPOLCOM MEMO CIR NO. 2007- 001, Rule 21, Section 2, para 1, sub para j).
8. Further, as a rule, officers and employees who were absent for at least thirty (30)
days without approved leave are considered AWOL and shall be DROPPED from the service
after due notice (Sec 35, Rule XVI, Omnibus Civil Service Rules and Regulations.
Implementing Book V of Executive Order No. 292).
“As regards a member who has been on AWOL for thirty (30) calendar days or more, he shall be
dropped from the rolls without prior notice. However, he shall be informed of his separation not later than
five (5) days from its effectivity which shall be sent to his address appearing in his latest 201 file”.
10. In view with the above and after careful read-through of the records, it can be
deduced that probable cause exists to charge PO1 Dennis Santos Enano PNP for Serious Neglect
of Duty (AWOL).
12. WHEREFORE, premises considered, this office recommend that PO1 Dennis
Santos Enano PNP be subjected to Summary Hearing Proceedings in order for him to adduce
evidence in his behalf and articulate his defense in an open proceedings pursuant to
NAPOLCOM Memorandum Circular Number 2007-001.
APPROVED/DISAPPROVED
Enclosures:
nn. Memo from OIC, OCC MINDORO PPO
oo. Accomplished Complaint Sheet Form
pp. Non-Forum Shopping
qq. Verification of Complaint
rr. IR dated 17 Nov 2009
ss. “Sinumpaang Salaysay” of SPO2 Calayag FA
tt. Radio Message dated 4 Nov 2009
uu. Radio message dated 19 Oct 2009
vv. Other allied documents
CHARGE SHEET
The undersigned Investigator accuses PO1 Edgar Manuel Pacho PNP of the administrative offense of
Serious Neglect of Duty (AWOL) (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2-C. GRAVE OFFENSES,
Para No. 1, Sub Para j- Absent oneself from office without having filed the necessary application for leave or
secured approval of the authorized official for a period of more than fifteen (15) days prior to the enjoyment
of the leave), committed as follows:
That on March 29, 2008 up to this report at Occidental Mindoro PPO, the aforesaid respondent while
member of the Philippine National Police and within the disciplinary jurisdiction of this authority did, then and
there, started absenting himself from office without having filed the necessary application for leave or secured
approval of the authorized official and without informing his unit of his whereabouts.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of April, 2008 at Occidental Mindoro Police
Provincial Office, Camp Winston Sibley Ebersole, San Roque 1, San Jose, Occidental Mindoro.
19 January 2010
Sir;
This Admin Case (AWOL) was previously held in abeyance thru VI of PSSUPT ARROYO,
former PD, OCC MDO PPO. Thus, no Pre-Charge Evaluation was conducted.
However, conflict emerged when the above-mentioned Admin Case was forwarded to the
designated SHO, and the Resolution/Decision was submitted before Admin Branch of this PPO.
Relative thereto, in order that the Resolution/Decision to be materialized, I drafted an antedated
Pre-Charge Evaluation Report as requisite for SDP Result.
BORDZ
1. References:
a. Memorandum from OIC, OCC MDO PPO, dated April 10, 2008;
and
b. Other allied documents.
3. As borne out by the records, on March 29, 2008, PO1 Edgar Manuel Pacho PNP
while member of Looc Municipal Police Station, under this PPO, and temporarily billeted at the
quarters of Looc MPS, left his office/station without approved leave or permission from his
PNCOIC.
4. From March 29, 2008, respondent PNCO started absenting himself without
having filed the necessary application for leave nor informing his office of his whereabouts, up
to this report, thus he was reflected AWOL by the Admin Section of Looc MPS effective April
14, 2008 (Investigation Report from the PNCOIC of Looc MPS dated April 17, 2008, is
hereto attached).
5. Relatively, a radio message from Looc MPS, addressed to the PD, OCC MDO
PPO, was dispatched requesting to contact and advice subject PNCO to report for duty to Looc
MPS but turned futile. (Radio Message with cite number LCMPSHRDD- 0330-02 is hereto
attached).
6. After cautious review of the records, it can be inferred that probable cause exists
to charge PO1 Edgar Manuel Pacho PNP for Serious Neglect of Duty (AWOL).
Enclosures:
ww. Memo from OIC, OCC MINDORO PPO
xx. Radio Message CN OMPPOHRDD-0416-08-34
yy. IR from the PNCOIC of Looc MPS
zz. Radio Message CN LCMPSHRDD- 0330-02
aaa. Affidavit of PO3 Papa EC
bbb. Affidavit of SPO2 Calayag FA
ccc. Other allied documents
CHARGE SHEET
The undersigned Investigator accuses PO1 Noel Mar Fernandez Santiago PNP of the administrative
offense of Serious Neglect of Duty (AWOL) (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2-C. GRAVE
OFFENSES, Para No. 1, Sub Para j- Absent oneself from office without having filed the necessary
application for leave or secured approval of the authorized official for a period of more than fifteen (15) days
prior to the enjoyment of the leave), committed as follows:
That on March 17, 2009 to February 28, 2010, at Occidental Mindoro PPO, the aforesaid respondent while
member of the Philippine National Police and within the disciplinary jurisdiction of this authority did, then and
there, started absenting himself from office without having filed the necessary application for leave or secured
approval of the authorized official and without informing his unit of his whereabouts.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of December, 2009 at Occidental Mindoro
Police Provincial Office, Camp Winston Sibley Ebersole, San Roque 1, San Jose, Occidental Mindoro.
CHARGE SHEET
The undersigned Investigator accuses PO1 Dennis Santos Enano PNP of the administrative offense of
Serious Neglect of Duty (AWOL) (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2-C. GRAVE OFFENSES,
Para No. 1, Sub Para j- Absent oneself from office without having filed the necessary application for leave or
secured approval of the authorized official for a period of more than fifteen (15) days prior to the enjoyment
of the leave), committed as follows:
That on September 19, 2009 up to the present, at Occidental Mindoro PPO, the aforesaid respondent while
member of the Philippine National Police and within the disciplinary jurisdiction of this authority did, then and
there, started absenting himself from office without having filed the necessary application for leave or secured
approval of the authorized official and without informing his unit of his whereabouts.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
ALBERTO DEL MUNDO
VILLAPANDO
Police Chief Inspector
Chief, PIDMB/PIB
SUBSCRIBED AND SWORN TO before me this __ th day of December, 2009 at Occidental Mindoro
Police Provincial Office, Camp Winston Sibley Ebersole, San Roque 1, San Jose, Occidental Mindoro.
The undersigned Investigator accuses PO1 Niño Perez Magtoto PNP of the administrative offense of
Serious Neglect of Duty (AWOL), committed as follows:
That from February 04, 2008 up to July 22, 2008 at Occidental Mindoro PPO the aforesaid
respondent while member of the Philippine National Police and within the disciplinary jurisdiction of this
authority did, then and there, absented himself from Office without filing the appropriate application for
leave or immediately thereafter.
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Provincial Investigation and Detective Management Branch (PIDMB)
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
MOCPIDMB- 101209-__
MEMORANDUM:
1. References:
3. As borne out by the records, PO1 Noel Mar Fernandez Santiago, while member
of Lubang Municipal Police Station, under this PPO, was instructed on March 17, 2009, by
SPO4 Juan Candelario Aguacito, PNCOIC of Lubang MPS, to report to Camp Efigenio C.
Navarro, Calapan City, Oriental Mindoro on March 18, 2009, in consonance with the directive
from OCC MDO PPO, to participate in Character and Aptitude Development Training
(CADET) Program to be held thereat. However, subject PNCO failed to report and participate
the CADET Program. After the termination of the CADET Program on April 16, 2009, and even
after the ACADEMIC BREAK given for the participants, from April 17 - 24, 2009, subject
PNCO still failed to report for duty and also failed to inform his immediate superior regarding
his whereabouts.
4. Thus, on April 25, 2009, SPO4 Juan Candelario Aguacito, PNCOIC of Lubang
MPS, sent thru registered mail a NOTICE notifying subject PNCO to report for duty. Likewise,
a memorandum dated November 3, 2009, from the APD, OCC MDO PPO, was sent to subject
PNCO. Both said notifications were served or sent at his last known address as appearing in his
latest personal file with the Administrative Office (Notice dated April 25, 2009 and Memo
dated November 3, 2009, are hereto attached).
5. Despite of the two (2) consecutive notifications sent to subject PNCO, the latter
still failed and continuously fails to report for duty up to this report. (Affidavit of SPO4 Juan C
Aguacito and PO1 Hannah F Novio, both dated June 4, 2009, are hereto attached).
6. Since March 17, 2009, when subject PNCO left Lubang Municipal Police
Station, the latter failed to report for duty and also failed to inform his unit of his whereabouts.
Thus, he was marked AWOL effective March 17, 2009 (Investigation Report from the
PNCOIC of Lubang MPS dated June 02, 2009, is hereto attached).
7. As a rule, officers and employees who were absent for at least thirty (30) days
without approved leave are considered AWOL and shall be DROPPED from the service after
due notice (Sec 35, Rule XVI, Omnibus Civil Service Rules and Regulations. Implementing
Book V of Executive Order No. 292).
“As regards a member who has been on AWOL for thirty (30) calendar days or
more, he shall be dropped from the rolls without prior notice. However, he shall be
informed of his separation not later than five (5) days from its effectivity which shall be
sent to his address appearing in his latest 2001 file”.
10. In view with the above and after careful scrutiny of the records, it can be
construed that probable cause exists to charge PO1 Noel Mar Fernandez Santiago PNP for
Serious Neglect of Duty (AWOL).
11. WHEREFORE, premises considered, this office recommend that PO1 Noel Mar
Fernandez Santiago PNP be DROPPED from rolls WITHOUT PRIOR NOTICE pursuant to
PNP CIRCULAR NR 2008- 005.
12. Further, since the head of this PPO is acting merely on the capacity or
designation as an OFFICER-IN-CHARGE, let the above recommendation be forwarded before
Acting Regional Director, PRO MIMAROPA, who has jurisdiction for approval of the same, in
accordance with the NAPOLCOM MEMO CIRCULAR NUMBER 2007- 001(Sub Para 3,
Para k, Setion 1, Rule 2, NMC NO. 2007- 001).
Enclosures:
ddd. Memo from OIC, OCC MINDORO PPO, dated 02 Dec 2009
eee. Memo from ARD, PRO MIMAROPA, dated 13 Nov 2009
fff. Accomplished Complaint Sheet Form
ggg. Non-Forum Shopping
hhh. Verification of Complaint
iii. IR dated 02 June 2009
jjj. “Sinumpaang Salaysay” of SPO4 Aguacito
kkk. “Sinumpaang Salaysay” of PO1 Novio
lll. Memo dated Nov 3, 2009
mmm. Notice dated April 25, 2009
nnn. Other allied documents
MOCPIDMB- 200410-__
MEMORANDUM:
1. References:
3. Records show that PO1 Dennis Santos Enano, while member of Looc Municipal
Police Station, under this PPO, left from the said Municipal Police Station on September 15,
2009, purposely, to file his application for leave at OCC MDO PPO but subject PNCO failed to
report for duty and failed to inform his immediate superior regarding his whereabouts. Thus, on
October 19, 2009, a radio message from Looc Municipal Police Station was dispatched,
addressed to the Office of the former Provincial Director, OCC MDO PPO, requesting to contact
and advise subject PNCO to report for duty. On November 4, 2009, another radio message from
the COP of Looc Municipal Police Station was dispatched, addressed to the Office of Provincial
Director, OCC MDO PPO, informing that PO1 Dennis Santos Enano was marked AWOL
effective November 4, 2009.
4. Since September 19, 2009, respondent PNCO continuously fails to report for
duty up to this report without informing his unit of his whereabouts. (Investigation Report
from the COP of Looc MPS dated November 17, 2009, is hereto attached).
5. Despite of the two (2) consecutive radio messages sent to the Office of PSSUPT
CAESAR DANIEL TIMOG MIRANDA, the former Provincial Director of OCC MDO PPO,
subject PNCO still failed and continuously fails to report for duty up to this report. (Affidavit of
SPO2 Freddie Abesamis Calayag, PNCOIC-Looc MPS, dated November 17, 2009, is
hereto attached).
6. As a rule, ABSENT oneself from office without having filed the necessary
application for leave or secured approval of the authorized official for a period of more than
fifteen (15) days prior to the enjoyment of the leave is categorized under Serious Neglect of
Duty (NAPOLCOM MEMO CIR NO. 2007- 001, Rule 21, Section 2, para 1, sub para j).
7. Further, as a rule, officers and employees who were absent for at least thirty (30)
days without approved leave are considered AWOL and shall be DROPPED from the service
after due notice (Sec 35, Rule XVI, Omnibus Civil Service Rules and Regulations.
Implementing Book V of Executive Order No. 292).
“As regards a member who has been on AWOL for thirty (30) calendar days or more, he shall be
dropped from the rolls without prior notice. However, he shall be informed of his separation not later than
five (5) days from its effectivity which shall be sent to his address appearing in his latest 201 file”.
9. In view with the above and after careful read-through of the records, it can be
deduced that probable cause exists to charge PO1 Dennis Santos Enano PNP for Serious Neglect
of Duty (AWOL).
10. However, there are specific provisions which are prescribed and promulgated
under the uniform rules of procedure before the administrative disciplinary authorities which
reads:
“In case the head of the various levels of command is an OFFICER-IN-CHARGE, he may
conduct investigation and submit his recommendation to the next higher disciplinary authority” (Sub Para 3, Para
k, Setion 1, Rule 2, NMC NO. 2007- 001).
11. WHEREFORE, premises considered, this office recommend that PO1 Dennis
Santos Enano PNP be DROPPED from the rolls WITHOUT PRIOR NOTICE pursuant to the
PNP CIRCULAR NR 2008- 005.
12. Further recommend that, upon approval thereof, let subject PNCO be informed of
his separation not later than five (5) days from its effectivity which shall be sent to his address
appearing in his latest 201 file to avoid violation of the PNP Memorandum Circular No. 2008-
005 which in effect tantamount to denial of due process.
APPROVED/DISAPPROVED
Enclosures:
ooo. Memo from OIC, OCC MINDORO PPO
ppp. Accomplished Complaint Sheet Form
qqq. Non-Forum Shopping
rrr. Verification of Complaint
sss. IR dated 17 Nov 2009
ttt. “Sinumpaang Salaysay” of SPO2 Calayag FA
uuu. Radio Message dated 4 Nov 2009
vvv. Radio message dated 19 Oct 2009
www. Other allied documents
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Provincial Investigation and Detective Management Branch (PIDMB)
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
MOCPIDMB- 261009-___
MEMORANDUM:
3. References:
2. This pertains to the Grave Misconduct in the alleged shooting to death the victims
Solomon Ebalo and Narciso Baustita that transpired on May 29, 2006 at around 10:45 o’clock in
the evening at De Augusto St., Brgy. Salapan, San Juan, Metro Manila which was allegedly
perpetrated by SPO4 Rogelio Saballo Tamayosa, formerly assigned as Chief of Police of
Lubang Municipal Police Station, Lubang, Occidental Mindoro.
3. Records show that on the above-mentioned date, time and place, the group of
Solomon Ebalo and Narciso Bautista was then having a drinking spree while the group of the
respondent PNCO was likewise having a drinking session, just few meters away from the house
of the victims. Victims were allegedly disturbed by the noise created by the group of SPO4
Rogelio Tamayosa. Victim Solomon Ebalo then instructed Narciso Bautista to go to the
suspect’s group to caution the latter from creating too much noise. At that juncture, a heated
argument ensued between Narciso Bautista prompted the latter to leave the place and returned
together with Solomon Ebalo, both armed with a steel pipe with pointed ends and started
challenging the suspect while striking the steel gate of the suspect. Suspect got irked, pulled-out
his hand gun from his waist and shot Solomon Ebalo twice and then went outside and shot
Narciso Bautista several times, killing them instantly. SPO4 Rogelio Saballo Tamayosa left the
crime scene and voluntarily surrendered to PSUPT RODELIO JOCSON, Chief of Police of San
Juan Police Station without the weapon used and verbally admitted responsibility on the
shooting, claiming it was self defense. (Incident Report dated May 30, 2006, is hereto
attached).
4. On June 26, 2006, Mrs. Emma D. Ebalo, wife of the victim Solomon Ebalo, had
filed an administrative complaint, with certification of Non-Forum Shopping, before the Internal
affairs Service at Camp Crame, Quezon City for Grave Misconduct (Murder) against SPO4
Rogelio S. Tamayosa. (Complaint Sheet Form, with certification of Non-Forum Shopping,
and other allied documents are hereto attached).
5. Since the administrative case was filed before the Internal Affairs Service, this
office suspended and terminated the conduct of Summary Dismissal Proceedings (SDP), after
finding that IAS Camp Crame, Quezon City has acquired jurisdiction over the case, to avoid
duplication of charges. (Memo from this PPO dated August 31, 2006, Letter from Atty.
Ernesto V. Cabrera, Counsel for the respondent, dated August 24, 2006; Pre-Charge
Investigation Notice of Complaint dated July 27, 2006, and Counter-Affidavit of the
respondent are hereto attached).
APPROVED/DISAPPROVED
Enclosures:
CHARGE SHEET
The undersigned Investigator accuses SPO1 Nestor Baclig Cabotaje PNP of the administrative offense of
Less Grave Misconduct (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2-B. LESS GRAVE OFFENSES, Para
No. 3) Less Grave Misconduct, Sub Para c- be drunk and disorderly while on off duty, or drunk while on duty
and in uniform or in recognizable uniform of the force), committed as follows:
That at around 5:30 in the afternoon and at around on August 16, 2009 at around 10:15 in the evening
inside Mamburao Municipal Police Station, Mamburao, Occidental Mindoro the aforesaid respondent while
member of the Philippine National Police and within the disciplinary jurisdiction of this authority did, then and
there, threatened to kill, while pointing his issued firearm to PO3 Maria Eliza Palabay and Rodalina Dolores-
Corpuz (Art. 282, RPC-Grave threats); and uttered or delivered public and malicious imputation of acts tending to
cause the dishonor, discredit, or contempt of a natural or juridical person of the two (2) complaining witnesses (Art.
353, RPC- Libel).
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of September, 2009 at Occidental Mindoro
Police Provincial Office, Camp Winston Sibley Ebersole, San Roque 1, San Jose, Occidental Mindoro.
CHARGE SHEET
The undersigned Investigator accuses PO2 Joey Jeanne Magsico Martinez PNP of the administrative
offense of Grave Misconduct (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2-C. GRAVE OFFENSES, Para
No. 3, Sub Para r- commit any act or omission that constitutes a crime punishable under the Revised Penal
Code or Special Laws), committed as follows:
That on July 30, 2009 at around 10:15 in the evening inside Mamburao Municipal Police Station,
Mamburao, Occidental Mindoro the aforesaid respondent while member of the Philippine National Police and
within the disciplinary jurisdiction of this authority did, then and there, threatened to kill, while pointing his issued
firearm to PO3 Maria Eliza Palabay and Rodalina Dolores-Corpuz (Art. 282, RPC-Grave threats); and uttered or
delivered public and malicious imputation of acts tending to cause the dishonor, discredit, or contempt of a natural
or juridical person of the two (2) complaining witnesses (Art. 353, RPC- Libel).
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of September, 2009 at Occidental Mindoro
Police Provincial Office, Camp Winston Sibley Ebersole, San Roque 1, San Jose, Occidental Mindoro.
VIRGILIO LEYNES TIBAYAN
Police Superintendent
Dep. Prov’l Director for Admin
(Administering Officer)
MOCPIDMB-240809-__
MEMORANDUM:
4. References:
4. Records further reveal that after PO2 Joey Jeanne Magsico Martinez has uttered
the above stated defamatory words against PO3 Palabay, PO2 Martinez also pointed his issued
firearm upon Rodalina Dolores- Corpuz, a Special Barangay Tanod, and, likewise, uttered the
following defamatory words, to wit: ISA KA PA…. NAGPAPAIYOT KA RIN DITO SA
ESTASYON!
6. Both the Statement of PO3 Maria Eliza Palabay and Rodalina Dolores-Corpuz
were corroborated by other civilians present during the incident, namely; Amado C. Tenorio Jr ;
Genaro R. Cortuna and Darwin I. Tagumpay, all members of Special Barangay Tanod of Brgy 9,
Mamburao this province and rendering duties inside Mamburao MPS during the time of
incident, in their respective “Sinumpaang Salaysay” submitted and formed an integral part of the
Investigation Report submitted by the PNCOIC of Mamburao MPS. (SS of Amado C. Tenorio
Jr, SS of Genaro R. Cortuna and SS of Darwin I. Tagumpay, are hereto attached)
7. To have a clearer view on the issue, this office sent a radio message under cite
number MOCPIDMB-120809-07 dated August 12, 2009, addressed to the PNCOIC of
Mamburao MPS, directing her to contact and advise PO2 Martinez to report before this Office to
shed light on the alleged incident.
8. On his “Sinumpaang Salaysay” dated August 17, 2009, PO2 Martinez avers that
on July 30, 2009 at around 10:15 o’clock in the evening, while he was passing by and got inside
Mamburao MPS, he witnessed PO3 Maria Eliza Palabay and SBT Genaro R Cortuna while
eating together inside said station. As he has observed and due to the alleged malicious actuation
of the duo, subject PNCO opted to caution and confronted them. Subject PNCO avers that when
he caution PO3 Palabay regarding the alleged illicit affair of the duo, SBT Cortuna immediately
stood up and since he had observed and as a precedence that the issued firearm of PO3 Palabay
is being used by SBT Cortuna, as a Police Officer, he prompted to draw his issued 9mm pistol as
his final defense, if said confrontation will become worse and beyond his control. P02 Martinez
further averred that he has knowledge about the illicit affair of the duo and the same was
personally discovered by him while on the act of having carnal knowledge inside investigation
room of Mamburao MPS. Sometime on the month of June 2009, PO3 Palabay personally
admitted and confessed before him, having an illicit affair with SBT Cortuna and even offered
money only to destroy the memory of his cell phone which withheld information about the
sexual intercourse of the duo, when they talked about the matter. PO2 Martinez finally averred
denying all the allegations (Grave Threats and Libelous acts) imputed against him by PO3
Palabay and SBT Rodalina Corpuz.
10. Following careful scrutiny of the records, it can be opined that PROBABLE
CAUSE exists to charge PO2 Joey Jeanne Magsico Martinez
for violation of Administrative Rules and Regulations governing the Uniform PNP Personnel
(MEMORANDUM CIRCULAR NO. 2007- 001, RULE 21, SECTION 2- C. GRAVE
OFFENSES, Para 3) Grave Misconduct, Sub Para f. (commit any act or omission that
constitutes a crime punishable under the Revised Penal Code or Special Laws) when he
threatened to kill, while pointing his issued firearm to PO3 Maria Eliza Palabay and Rodalina
Dolores-Corpuz (Art. 282, RPC-Grave threats). And, when he uttered or delivered public and
malicious imputation of acts tending to cause dishonor, discredit, or contempt of a natural or
juridical person of the two (2) complainants (Art. 353, RPC- Libel).
12. WHEREFORE, premises considered, this Office recommend that PO2 Joey
Jeanne Magsico Martinez be subjected to Summary Hearing Proceedings in order for him to
adduce evidence in his behalf and articulate his defense in an open proceedings pursuant to
NAPOLCOM Memorandum Circular Number 2007-001.
13. Further recommend that Pre-Charge Evaluation be conducted against PO3 Maria
Eliza Palabay and SPO3 Rhodora Tiuzen Flores in order to determine if there are certain PNP
Rules and Regulations violated by them in relation to the circumstances mentioned above as
averred by PO2 Joey Jeanne Magsico Martinez.
APPROVED/DISAPPROVED
Enclosures:
a. Memo from APD, OCC MDO PPO, dated August 12, 2009
b. Memo dated August 5, 2009
c. After Incident Report dated July 31, 2009
d. Memo dated July 31, 2009
e. SS of PO3 Maria Eliza Palabay dated August 3, 2009
f. SS of Rodalina Dolores- Corpuz dated August 3, 2009
g. SS of Amado C. Tenorio Jr dated August 4, 2009
h. SS of Genaro R. Cortuna dated August 4, 2009
i. SS of Darwin E. Tagumpay dated August 4, 2009
j. SS of PO2 Martinez dated August 17, 2009
ALBERTO DEL MUNDO
VILLAPANDO
Police Chief Inspector
APPROVED/DISAPPROVED
The undersigned Investigator accuses PO2 Emilio Pasta Florido PNP of the administrative offense of
Serious Neglect of Duty (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2 Grave Offences, No 3, para c- Fail to
apprehend and/or arrest a person under circumstances where it is his duty to do so), committed as follows:
That on March 30, 2009 at around 6:00 o’clock in the evening in Brgy Lumang Bayan, Paluan, Occidental
Mindoro, the aforesaid respondent while member of the Philippine National Police and within the disciplinary
jurisdiction of this authority did, then and there, after ordering the operators to stop the illegal gambling activities
(Peryahan) being operated at the said specified place, caught by him in flagrante delicto, the latter failed to
apprehend and/or arrest those persons/operators under circumstances where it is his duty to do so. He failed to bring
those persons to the proper police station for investigation without unnecessary delay, and within the time
prescribed in Article 125 of the Revised Penal Code, as amended, in order those persons to be subjected to inquest
proceedings under Section 7, Rule 112 of the 2000 Rules of Criminal Procedure.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of August, 2009 at Occidental Mindoro
Police Provincial Office, Camp Winston S Ebersole, San Roque 1, San Jose, Occidental Mindoro.
On the other hand, Sec. 5, par (b), Rule 113, necessitate two (2)
stringent requirements before a warrantless arrests can be effected: (1) an
offense has just been committed: and (2) the person making the arrest has
personal knowledge of facts indicating that the person to be arrested had
committed it. Hence, there must be a large measure of immediacy between
the time the offense was committed and the time of the arrest, and if there
was an appreciable lapse of time between the arrest and the commission
of the crime, a warrant of arrest must be secured. Aside from the sense of
immediacy, it is also mandatory that the person making the arrest must
have personal knowledge of certain facts indicating that the person to be
taken into custody has committed the crime.(People vs. Del Rosario, 305
SCRA 740)
a. It shall be duty of the officer executing the warrant to arrest the accused
without unnecessary delay and deliver him to the nearest police station or
jail for the recording of the fact of the arrest of the accused.
b. At the time of the arrest, with or without warrant, it shall be the duty of the
arresting officer to inform the person arrested of the reason for the arrest,
in the dialect or language known to him, except when he flees or forcibly
resists before the officer has the opportunity to so inform him or when the
giving of such information will imperil the arrest. The officer need not have
the warrant in his possession at the time of the arrest but after the arrest,
if the person arrested so requires, the warrant shall be shown to him as
soon as practicable.
f. If the person arrested without a warrant waives his right under the
provisions of Art 125 of the Revised Penal Code the arresting officer shall
ensure he shall sign a waiver of detention in the presence of his counsel
of choice. (Form “C” - Refer to page 90)
g. If the person arrested waives his right against self incrimination and opts
to give his statement, the arresting officer shall ensure that the waiver
shall be made in writing and signed by the person arrested in the
presence of a counsel of his own choice or a competent and independent
counsel provided by the government.
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Provincial Investigation and Detective Management Branch (PIDMB)
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
MOCPIDMB-260609-__
MEMORANDUM:
a. Memorandum from APD, OCC MDO PPO, dated June 10, 2009,
subject: Conduct of Pre-Charge Evaluation;
“I SHALL RETURN!”
3. As exemplified by the records, it appears that the case was started when the
elements of MAIDSOFT from San Jose MPS were dispatched to conduct BUY BUST
OPERATION in Brgy. Pag-asa, San Jose, Occidental Mindoro, against the suspected drug
pusher Celestino “Jong” Miranda y Madriaga, 29 years old, married, fisherman and a resident of
the above-mentioned place. While at the said target area, as planned, PO1 Eric Janairo Candido
acted as poseur buyer during the operation. Said operation yielded in an affirmative and
successfully apprehended the suspect while in his possession and control one (1) heat sealed
sachet of suspected SHABU weighing more or less 0.1 gram while being offered to PO1 Eric
Candido, who in exchanged, gave Two (2) pieces of One Hundred Peso Bills to the suspect.
4. As a result thereof, suspect was placed under arrest and detained at San Jose
Municipal Jail facing a criminal charge for Violation of Section 5, Article 2 of R.A. No. 9165
(The Comprehensive Dangerous Drug Act) which was docketed under I.S. No. 2005-462 and
subsequently docketed under C.C. No. R- 6011 before RTC Br 46 in San Jose, Occidental
Mindoro (Investigation Report from the COP of San Jose MPS dated Dec 03, 2008, is
hereto attached).
5. The above cited criminal case was started to be heard on July 24, 2006 but the
scheduled hearing was reset on September 6, 2006, due to the absence of the accused counsel
Atty. Rey C. Ladaga. On September 6, 2006, the accused filed a motion thru his counsel, as he
(Accused) was in Mamburao this province, thus, it was moved on September 13, 2006 at 8:00
o’clock in the morning.
6. The scheduled hearing on November 17, 2006, was also reset on January 10,
2007 at 8:30 o’clock in the morning, due to the absence of Provincial Prosecutor Atty. Levitico
Salcedo. On January 10, 2007, the said hearing was again reset on February 28, 2007, because
the accused was absent.
7. On February 28, 2007, PO1 Eric Candido, as prosecution’s witness, had testified
before the court wherein the next hearing was scheduled on March 23, 2007 at 8:30 o’clock in
the morning for cross examination to PO1 Candido by the accused counsel. However, subject
PNCO failed to appear for said trial. Thus, the defense counsel Atty. Ladaga, upon his oral
motion, moved that the testimony of PO1 Eric Candido be stricken out from the record for
failure to appear twice during the trial despite of due notices received, thus Atty. Rey C. Ladaga
cannot pursue his cross examination. The Honorable court granted the same and the next hearing
of the case was reset on June 29, 2007 at 8:30 o’clock in the morning.
8. On the other hand, during the hearing on October 10, 2007, PO2 Versuelo Garcia
II, prosecution’s witness, after properly informed thru subpoena, was ABSENT. Hence, the case
was reset on January 18, 2008 at 8:30 o’clock in the morning. On the following hearing, August
6, 2008, PO2 Garcia was ABSENT again, thus the court still grant that the hearing was moved
on September 29, 2008.
9. On September 29, 2008, during the hearing, PO2 Versuelo Garcia II, PO2 Jay
Alarcon and PO2 Rommel Ramirez, all prosecution’s witnesses, were absented themselves in
spite of due notices thru subpoenas. Thus, as prayed for by the defense counsel Atty. Rey C.
Ladaga, the Honorable Court was inclined to grant the oral manifestation and motion of the
defense counsel for the PERMANENT DISMISSAL of the case. (Subpoena dated August 7,
2008 and Minutes of Proceeding dated Sept 29, 2008, are hereto attached).
10. Following careful scrutiny of the records, it can be opined that for the sole
reasons of non-appearance and testifies before the court the case against Celestino Miranda was
permanently dismissed, a clear manifestation that probable caused exist to indict PO2 Versuelo
Garcia and PO1 Eric Janairo Candido or it is in violation of Administrative Rules and
Regulations governing the Uniform PNP Personnel (NAPOLCOM M.C No. 2007-001, C.
GRAVE OFFENSES, 1) Serious Neglect of Duty, para i) when they failed to appear and
testify in court, after they were duly notified or subpoenaed as witnesses. And due to that non-
appearance,it resulted in the dismissal of the case or the acquittal of the accused.
11. Withstanding on the fact that PO2 Jay Alarcon and PO2 Rommel Ramirez were
properly notified thru subpoenas and as part of the raiding team and prosecution’s witnesses,
they may be presented by the prosecution as witnesses in the absence of PO2 Versuelo Garcia II
and PO1 Eric Candido but it is noteworthy for the defense that they were all absent giving a
clear opinion to the defense for the disinterest of as part of Law Enforcement who are supposed
to be the vanguard of the law and justice. Thus, all of them (PO2 Garcia, PO1 Candido, PO3
Alarcon and PO1 Ramirez) are all liable in the dismissal of the above-mentioned case. (Court
Order dated May 23, 2007, is hereto attached).
13. WHEREFORE, premises considered, this office recommend that PO2 Versuelo
Garcia, PO1 Eric Janairo Candido, PO2 Jay Alarcon and PO2 Rommel Ramirez be subjected to
Summary Hearing Proceedings in order for them to adduce evidence in their behalf and
articulate their defense in an open proceedings pursuant to NAPOLCOM Memorandum
Circular Number 2007-001.
Enclosures:
AWOL, DROPPED FROM THE ROLLS AND FAILING TO REPORT FOR DUTY:
2. Illness
3. Force Majeure
Explain: The employee is excused from filing an application for leave of absence
provided that he informs the employer of the unfortunate event underlying his absence.
(City Government of Makati City VS. Civil Service Commission, 376 SCRA 248)
MOCPIDMB-041208-__
MEMORANDUM:
6. References:
3. As exemplified by the records, it appears that the case was started when the
elements of MAIDSOFT from San Jose MPS were dispatched to conduct BUY BUST
OPERATION in Brgy. Pag-asa, San Jose, Occidental Mindoro, against the suspected drug
pusher Celestino “Jong” Miranda y Madriaga, 29 years old, married, fisherman and a resident of
the above-mentioned place. While at the said target area, as planned, PO1 Eric Janairo Candido
acted as poseur buyer during the operation. Said operation yielded in an affirmative and
successfully apprehended the suspect while in his possession and control one (1) heat sealed
sachet of suspected SHABU weighing more or less 0.1 gram while being offered to PO1 Eric
Candido, who in exchanged, gave Two (2) pieces of One Hundred Peso Bills to the suspect.
4. As a result thereof, suspect was placed under arrest and detained at San Jose
Municipal Jail facing a criminal charge for Violation of Section 5, Article 2 of R.A. No. 9165
(The Comprehensive Dangerous Drug Act) which was docketed under I.S. No. 2005-462 and
subsequently docketed under C.C. No. R- 6011 before RTC Br 46 in San Jose, Occidental
Mindoro (Investigation Report from the COP of San Jose MPS dated Dec 03, 2008, is
hereto attached).
5. The above cited criminal case was started to be heard on July 24, 2006 but the
scheduled hearing was reset on September 6, 2006, due to the absence of the accused counsel
Atty. Rey C. Ladaga. On September 6, 2006, the accused filed a motion thru his counsel, as he
(Accused) was in Mamburao this province, thus, it was moved on September 13, 2006 at 8:00
o’clock in the morning.
6. The scheduled hearing on November 17, 2006, was also reset on January 10,
2007 at 8:30 o’clock in the morning, due to the absence of Provincial Prosecutor Atty. Levitico
Salcedo. On January 10, 2007, the said hearing was again reset on February 28, 2007, because
the accused was absent.
7. On February 28, 2007, PO1 Eric Candido, as prosecution’s witness, had testified
before the court wherein the next hearing was scheduled on March 23, 2007 at 8:30 o’clock in
the morning for cross examination to PO1 Candido by the accused counsel. However, subject
PNCO failed to appear for said trial. Thus, the defense counsel Atty. Ladaga, upon his oral
motion, moved that the testimony of PO1 Eric Candido be stricken out from the record for
failure to appear twice during the trial despite of due notices received, thus Atty. Rey C. Ladaga
cannot pursue his cross examination. The Honorable court granted the same and the next hearing
of the case was reset on June 29, 2007 at 8:30 o’clock in the morning.
8. On the other hand, during the hearing on October 10, 2007, PO2 Versuelo Garcia
II, prosecution’s witness, after properly informed thru subpoena, was ABSENT. Hence, the case
was reset on January 18, 2008 at 8:30 o’clock in the morning. On the following hearing, August
6, 2008, PO2 Garcia was ABSENT again, thus the court still grant that the hearing was moved
on September 29, 2008.
9. On September 29, 2008, during the hearing, PO2 Versuelo Garcia II, PO2 Jay
Alarcon and PO2 Rommel Ramirez, all prosecution’s witnesses, were absented themselves in
spite of due notices thru subpoenas. Thus, as prayed for by the defense counsel Atty. Rey C.
Ladaga, the Honorable Court was inclined to grant the oral manifestation and motion of the
defense counsel for the PERMANENT DISMISSAL of the case. (Subpoena dated August 7,
2008 and Minutes of Proceeding dated Sept 29, 2008, are hereto attached).
10. Following careful scrutiny of the records, it can be opined that for the sole
reasons of non-appearance and testifies before the court the case against Celestino Miranda was
permanently dismissed, a clear manifestation that probable caused exist to indict PO2 Versuelo
Garcia and PO1 Eric Janairo Candido or it is in violation of Administrative Rules and
Regulations governing the Uniform PNP Personnel (NAPOLCOM M.C No. 2007-001, C.
GRAVE OFFENSES, 1) Serious Neglect of Duty, para i) when they failed to appear and
testify in court, after they were duly notified or subpoenaed as witnesses. And due to that non-
appearance,it resulted in the dismissal of the case or the acquittal of the accused.
11. Withstanding on the fact that PO2 Jay Alarcon and PO2 Rommel Ramirez were
properly notified thru subpoenas and as part of the raiding team and prosecution’s witnesses,
they may be presented by the prosecution as witnesses in the absence of PO2 Versuelo Garcia II
and PO1 Eric Candido but it is noteworthy for the defense that they were all absent giving a
clear opinion to the defense for the disinterest of as part of Law Enforcement who are supposed
to be the vanguard of the law and justice. Thus, all of them (PO2 Garcia, PO1 Candido, PO3
Alarcon and PO1 Ramirez) are all liable in the dismissal of the above-mentioned case. (Court
Order dated May 23, 2007, is hereto attached).
13. WHEREFORE, premises considered, this office recommend that PO2 Versuelo
Garcia, PO1 Eric Janairo Candido, PO2 Jay Alarcon and PO2 Rommel Ramirez be subjected to
Summary Hearing Proceedings in order for them to adduce evidence in their behalf and
articulate their defense in an open proceedings pursuant to NAPOLCOM Memorandum
Circular Number 2007-001.
Enclosures:
MOCPIDMB- 050508-___
MEMORANDUM:
1. References:
a. Memorandum from OIC, OCC MDO PPO, dated May 5, 2008;
and
b. Other allied documents.
3. Records show that PO2 Carolino Rogos Luis PNP while member of 408 th PPMG,
under this PPO, failed to attend the scheduled Physical Fitness Test last April 15, 2008, being
conducted by the Admin Personnel of 408th PPMG, based in Mamburao this province. Since
then, respondent PNCO started absenting himself without informing his office of his
whereabouts, thus he was marked AWOL effective April 15, 2008. (Investigation Report from
the GD of 408th PPMG dated May 25, 2008, is hereto attached).
4. On May 15, 2008, subject respondent PNCO reported for duty before 408 th
PPMG, after committing continuous 30 days absences. (Radio Message dated May 16, 2008
and Affidavits of SPO3 Marcial Geron and Po3 Eriberto Macaraig are hereto attached).
5. After careful read-through of the records, it can be construed that probable cause
exists to charge PO2 Carolino Rogos Luis PNP for Serious Neglect of Duty (AWOL).
APPROVED/DISAPPROVED
Enclosures:
xxx. Memo from OIC, OCC MINDORO PPO
yyy. IR from the GD of 408th PPMG
zzz. Radio Messages
aaaa. Affidavit of PO3 Marcial Geron
bbbb. Affidavit of PO3 Eriberto Macaraig
cccc. Accomplished Complaint Sheet Form
dddd. Copy of Non-Forum Shopping
eeee. Other allied documents
OK NA ITO! WAIT NA LANG MEMO FROM OIC
MOCPIDMB- ______-___
MEMORANDUM:
1. References:
3. As borne out by the records, on March 29, 2008, PO1 Edgar Manuel Pacho PNP
while member of Looc Municipal Police Station, under this PPO, and temporarily billeted at the
quarters of Looc MPS, left his office/station without approved leave or permission from his
PNCOIC.
4. Since then, respondent PNCO started absenting himself without having filed the
necessary application for leave nor informing his office of his whereabouts, thus he was
reflected AWOL by the Admin Section of Looc MPS effective April 14, 2008 (Investigation
Report from the PNCOIC of Looc MPS dated April 17, 2008, is hereto attached).
5. Relatively, a radio message from Looc MPS, addressed to the PD, OCC MDO
PPO, was dispatched requesting to contact and advice subject PNCO to report for duty to Looc
MPS but turned futile. Subject PNCO reported for duty only on May 14, 2008 (Radio Message
with cite number LCMPSHRDD- 0330-02 and Radio Message with cite number
LCMPSHRDD- 0514-03 are hereto attached).
6. After cautious review of the records, it can be inferred that probable cause exists
to charge PO1 Edgar Manuel Pacho PNP for Serious Neglect of Duty (AWOL).
APPROVED/DISAPPROVED
Enclosures:
ffff. Memo from OIC, OCC MINDORO PPO
gggg. Radio Message CN OMPPOHRDD-0416-08-34
hhhh. IR from the PNCOIC of Looc MPS
iiii. Radio Message CN LCMPSHRDD- 0330-02
jjjj. Radio Message CN LCMPSHRDD- 0514-03
kkkk. Affidavit of PO3 Papa EC
llll. Affidavit of SPO2 Calayag FA
mmmm. Other allied documents
ublic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Provincial Investigation and Detective Management Branch (PIDMB)
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
MOCPIDMB- ______-___
MEMORANDUM:
1. References:
a. Memorandum from PD, OCC MDO PPO, dated June 11, 2008;
and
b. Other allied documents.
2. This pertains to the Serious Neglect of Duty (AWOL) committed by PO1 Niño
Perez Magtoto, PNP member, presently assigned at San Jose Municipal Police Station, San Jose,
Occidental Mindoro, effective April 14, 2008 to July 22, 2008.
3. Records show that PO1 Niño Perez Magtoto PNP, while member of San Jose
Municipal Police Station under this PPO, filed a sick leave from January 21, 2008 to February
03, 2008 which was subsequently recommended by their Chief of Police PSINSP EDWIN FILE
GUTANG and was granted by the Provincial Director. After the termination of his sick leave,
subject PNCO reported for duty but only to inform his COP that he had undergone surgical
operation. Thus, he was advised by his COP to file another one (1) month sick leave and secure
all necessary documents for the same purpose. However, subject PNCO failed to comply as
directed, hence, he was given another fourteen (14) days to secure all the necessary documents
but the latter still failed to do so.
4. Since February 04, 2008, respondent PNCO started absenting himself without
informing his office of his whereabouts, thus he was marked AWOL effective April 14, 2008
(Investigation Report from the COP of San Jose MPS dated May 17, 2008, is hereto
attached).
5. Aside from personal contact made by the personnel of San Jose MPS to the
immediate family member of the respondent, several Text Messages were sent to the latter but
turned futile and subject PNCO still failed and continuously failed to report for duty (Affidavit
of SPO4 Delos Santos MC, San Jose MPS - MESPO , is hereto attached).
6. After careful read-through of the records, it can be deduced that probable cause
exists to charge PO1 Niño Perez Magtoto PNP for Serious Neglect of Duty (AWOL).
APPROVED/DISAPPROVED
Enclosures:
nnnn. Memo from PD, OCC MINDORO PPO
oooo. IR from the COP of San Jose MPS
pppp. Counter- Affidavit of PO1 Magtoto NP
qqqq. Other allied documents
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
OCCIDENTAL MINDORO POLICE PROVINCIAL OFFICE
Camp Winston Sibley Ebersole, San Jose, Occidental Mindoro
PROVINCIAL DIRECTOR,
Complainant,
CHARGE SHEET
The undersigned Investigator accuses PO3 Hector Lescano Aguilar PNP and PO2 Romulo Evangelista
Aquino of the administrative offense of Grave Misconduct (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2,
GRAVE OFFENSES No. 3, para n- Deliberately or through gross negligence, destroy, damage or lose government
property entrusted to him for official use), committed as follows:
That on July 06, 2008 at Magsaysay Municipal Police Station, Magsaysay, Occidental Mindoro the
aforesaid respondents while member of the Philippine National Police and within the disciplinary jurisdiction of
this authority did, then and there, through gross negligence, lost the issued firearm M-16 Rifle bearing serial
number 160979 entrusted to PO3 Hector Lescano Aguilar PNP for official use. PO3 Hector Lescano Aguilar PNP
consented and allowed PO2 Romulo Evangelista Aquino to use the said firearm during his tour of duty, wherein the
said firearm was lost on July 6, 2008 while under the custody of the latter.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of August, 2008 at the Office of the Regional
Investigation and Detective Management Division, PRO MIMAROPA, Camp Vicente Lim, Calamba City.
MOCPIDMB- 231008-___
MEMORANDUM:
7. References:
4. The above cited administrative case was forwarded by the Administrative Branch
of this PPO before Provincial Investigation and Detective Management Branch (PIDMB) for
Pre-Charge Evaluation wherein the said case was recommended for Summary Hearing
Proceedings on August 06, 2008, after evaluation of the existence of probable cause. The same
was approved on September 23, 2008 and the designated Summary Hearing Officer was
PSINSP EDWIN FIEL GUTANG of Rizal MPS. (Memo dated September 23, 2008, is hereto
attached).
6. On September 18, 2008, PO3 Hector Lascano Aguilar, had executed an affidavit
of undertakings, as one of the additional requirements for regular promotion, stating therein that
he has no pending criminal nor administrative case. (Affidavit of Undertaking of PO3 Hector
Aguilar dated September 18, 2008, is hereto attached).
7. On October 3, 2008, PSINSP WILLIAM DEL MUNDO JUSI and PO3 Hector
Lascano Aguilar received a memorandum from the OIC, OCC MDO PPO, both dated October 2,
2008, alleging thereon that PSINSP WILLIAM DEL MUNDO JUSI, despite that he is the one
who initiated the complaint against PO3 Hector Lascano Aguilar, still he issued “Certification
of Duty Status & Non- Pending Case” and likewise, PO3 Hector Lascano Aguilar executed an
affidavit of undertakings contending that no pending administrative and criminal cases filed
against him. (Memo both dated October 2, 2008, are hereto attached).
8. On October 14, 2008, PO3 Hector Lascano Aguilar, received a copy of Notice of
Pre-Hearing Conference dated October 14, 2008, under S.D. Case No. 2008-010 for Grave
Misconduct and Charge Sheet dated August 06, 2008 with attachments, alleging thereon that on
July 06, 2008 at Magsaysay Municipal Police Station, Magsaysay, Occidental Mindoro the
aforesaid respondents while member of the Philippine National Police and within the
disciplinary jurisdiction of this authority did, then and there, through gross negligence, lost the
issued firearm M-16 Rifle bearing serial number 160979 entrusted to PO3 Hector Lascano
Aguilar PNP for official use. PO3 Hector Lascano Aguilar PNP consented and allowed PO2
Romulo Evangelista Aquino to use the said firearm during his tour of duty, wherein the said
firearm was lost on July 6, 2008 while under the custody of the latter (Notice of Pre-Hearing
Conference dated October 14, 2008, under SD Case No. 2008-010 for Grave Misconduct
and Charge Sheet dated August 06, 2008, are hereto attached).
9. In order to clarify the issue, let the NAPOLCOM M.C. No. 2007-001 be
consulted and be the basis for the legality of what is a pending case and formal charge as
embodied under Section I, Rule 2 of this Memorandum Circular, which states:
a. Pending case – Refers to a case when the respondent had been formally
charged before any of the disciplinary authorities or IAS; or an appeal is
pending with any of the appellate bodies.
10. Following careful scrutiny of the records, it can be opined that there is NO
probable cause exists to charge PO3 Hector Lascano Aguilar PNP for violation of
Administrative Rules and Regulations governing the Uniform PNP Personnel when he executed
under oath that he has no pending administrative case on September 18, 2008, considering that
he received the notice only on October 10, 2008, notifying him that he has a pending case.
11. Likewise, PSINSP WILLIAM DEL MUNDO JUSI could not be held
administratively liable for DISHONESTY when he issued a “Certification of Duty Status &
Non-pending Case” dated September 12, 2008, as he was not yet formally informed during that
time that the administrative case filed against PO3 Hector Lascano Aguilar is pending, after
finding the existence of probable cause.
12. WHEREFORE, premises considered, this office recommend that the alleged
administrative violations committed by PSINSP WILLIAM DEL MUNDO JUSI and PO3
Hector Lascano Aguilar PNP be dismissed for lack of probable cause, pursuant to
NAPOLCOM Memorandum Circular Number 2007-001.
APPROVED/DISAPPROVED
Enclosures:
PROVINCIAL DIRECTOR,
Complainant,
Admin Case
No.________________
-versus- For: Grave Misconduct
CHARGE SHEET
The undersigned Investigator accuses PO1 Gerardo Tamboong Baliguat PNP of the
administrative offense of Grave Misconduct (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2,
GRAVE OFFENSES No. 3, para n- Deliberately or through gross negligence, destroy or lose
government property entrusted to him for official use), committed as follows:
That on April 16, 2008 at around 8:00 o’clock in the evening at Sitio Gutad, Brgy. Tanyag,
Calintaan, Occidental Mindoro, the aforesaid respondent while member of the Philippine National Police
and within the disciplinary jurisdiction of this authority did, then and there, deliberately lost his issued
firearm M14 Rifle, bearing serial number 1362413.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having
examined all the witnesses and documents presented in relation to this administrative case pursuant to
NAPOLCOM Memo Cir No. 2007- 001.
PROVINCIAL DIRECTOR,
Complainant,
Admin Case
No.________________
-versus- For: Simple Misconduct
CHARGE SHEET
The undersigned Investigator accuses PO1 Zenith Jimenez Torres PNP of the administrative
offense of Simple Misconduct (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2, LIGHT OFFENSES
No. 3, para e- Fail to recognize and satisfy any just debt), committed as follows:
That from August 25, 2008 up to this date at Occidental Mindoro PPO the aforesaid respondent
while member of the Philippine National Police and within the disciplinary jurisdiction of this authority
did, then and there, failed to pay his indebtedness to Mrs. Germalyn Panes Recoco of cash
amounting to Thirty Seven Thousand Pesos (P 37,000.00).
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having
examined all the witnesses and documents presented in relation to this administrative case pursuant to
NAPOLCOM Memo Cir No. 2007- 001.
PROVINCIAL DIRECTOR,
Complainant,
Admin Case
No.________________
-versus- For: Less Grave Neglect of Duty
CHARGE SHEET
The undersigned Investigator accuses PO2 Ferdinand Jose Pinuela Laredo PNP of the
administrative offense of Less Grave Neglect of Duty (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2,
LESS GRAVE OFFENSES No. 1, para d- Fail to comply with any lawful order or instruction of a Superior Officer
or the Chief of Police), committed as follows:
That from July 28, 2008 up to this date at Occidental Mindoro PPO the aforesaid respondent
while member of the Philippine National Police and within the disciplinary jurisdiction of this authority
did, then and there, failed to comply lawful order of the Provincial Director (Radio Message dated
July 22, 2008 & Memo dated August 01, 2008 and September 22, 2008 from the Provincial Director,
directing subject PNCO to turn-in his issued FA for Stencil and Ballistics).
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having
examined all the witnesses and documents presented in relation to this administrative case pursuant to
NAPOLCOM Memo Cir No. 2007- 001.
MOCPIDMB- 060908-___
MEMORANDUM:
1. References:
2. This pertains to the alleged Serious Neglect of Duty (AWOL) committed by PO1
Bobby Amancio Quinton, PNP member, presently assigned at San Jose Municipal Police
Station, San Jose, Occidental Mindoro; effective April 14, 2008 to July 22, 2008.
3. Records show that PO1 Bobby Amancio Quinton PNP, while member of San
Jose Municipal Police Station under this PPO, filed a sick leave from January 21, 2008 to
February 03, 2008 which was subsequently recommended by their Chief of Police PSINSP
EDWIN FILE GUTANG and was granted by the Provincial Director. After the termination of
his sick leave, subject PNCO reported for duty but only to inform his COP that he had
undergone surgical operation. Thus, he was advised by his COP to file another one (1) month
sick leave and secure all necessary documents for the same purpose. However, subject PNCO
failed to comply as directed, hence, he was given another fourteen (14) days to secure all the
necessary documents but the latter still failed to do so.
4. Since February 04, 2008, respondent PNCO started absenting himself without
informing his office of his whereabouts, thus he was marked AWOL effective April 14, 2008
(Investigation Report from the COP of San Jose MPS dated May 17, 2008, is hereto
attached).
5. Aside from personal contact made by the personnel of San Jose MPS to the
immediate family member of the respondent, several Text Messages were sent to the latter but
turned futile and subject PNCO still failed and continuously failed to report for duty (Affidavit
of SPO4 Delos Santos MC, San Jose MPS - MESPO , is hereto attached).
6. After careful read-through of the records, it can be deduced that probable cause
exists to charge PO1 Niño Perez Magtoto PNP for Serious Neglect of Duty (AWOL).
APPROVED/DISAPPROVED
Enclosures:
rrrr. Memo from PD, OCC MINDORO PPO
ssss. IR from the COP of San Jose MPS
tttt. Counter- Affidavit of PO1 Magtoto NP
uuuu. Other allied documents
Republika ng Pilipinas )
Lalawigan ng Occidental Mindoro :S.S
Bayan ng San Jose )
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
SINUMPAANG SALAYSAY
mga karapatan alinsunod sa batas ay malaya at kusang- loob na nagsasabi tulad ng mga
sumusunod:
1. Na, ako ay nakatalaga sa 407th Police Provincial Mobile Group (PPMG) ng OCC MDO
PPO sa San Jose, Occidental Mindoro bilang _________________________;
2. Na, noong ika-__ ng _________ 2008, ang aming Tanggapan sa 407 th PPMG ay
nakatanggap ng mensahe (Radio Message) na may petsang ika- __ ng ______ 2008, mula sa Admin
Branch ng OCC MDO PPO, na ayon sa nasabing mensahe ay magkakaroon ng pagsasanay tungkol sa
Modified PNP Scout sa 2nd RMC, RMG- MIMAROPA, sa Abra De Ilog, Occidental Mindoro;
3. Na, isa sa mga ipinadala ng Admin Branch ng OCC MDO PPO mula sa 407 th PPMG ay
itong si POI Bobby Amancio Quinton para sa nasabing pagsasanay;
4. Na, ayon sa impormasyon na natanggap ng aming tanggapan sa 407 th PPMG mula sa 2nd
RMC, RMG-MIMAROPA, itong si POI Bobby Amancio Quinton ay hindi nag-report para sa nasabing
pagsasanay simula pa noong ika- 7 ng Hulyo 2008 (PNP Scout- Opening Ceremony) at hanggang sa
kasalukuyan ay hindi pa mabatid ang kanyang kinaroroonan;
5. Na, ibinigay ko ang salaysay kong ito upang ilahad ang buong katotohanan kaugnay sa
patuloy na pagliban o di pagpasok sa trabaho (AWOL) bilang isang pulis ni POI Bobby Amancio
Quinton.
BILANG PATUNAY ng lahat ng aking ipinahayag ay kusang- loob akong lalagda ng buo
kong pangalan sa ibaba nito ngayong ika- __ ng Setyembre 2008 dito sa San Jose, Occidental
Mindoro.
-Wakas ng Salaysay-
_________________________
Nagsalaysay
SUBSCRIBED AND SWORN to before me this __ th day of September 2008 at San Jose,
Occidental Mindoro and I hereby certify that I have personally examined the herein affiant and that I
am convinced and satisfied that he fully understood the contents of his statement and executed the
same freely and voluntary.
SINUMPAANG SALAYSAY
ang aking mga karapatan alinsunod sa batas ay malaya at kusang- loob na nagsasabi
1. Na, ako ay nakatalaga sa OCC MDO PPO sa San Jose, Occidental Mindoro
bilang ________________________________________________________________ ;
6. Na, ibinigay ko ang salaysay kong ito upang ilahad ang buong katotohanan
kaugnay sa patuloy na pagliban o di pagpasok sa trabaho (AWOL) bilang isang pulis ni POI
Bobby Amancio Quinton at upang maging suporta sa isinasagawang imbestigasyon sa kanyang
kaso.
_________________________
Nagsalaysay
OATH AND CERTIFICATION
MOCPIDMB- -010908-___
MEMORANDUM:
8. References:
2. In compliance with the above, submitted herewith are the case folders and
available records of Retired PNP Personnel, formerly assigned in this PPO, namely;
4. For information.
Enclosures:
MOCPIDMB- 310808-___
MEMORANDUM:
9. References:
2. This pertains to the Grave Misconduct in the alleged shooting to death the victims
Solomon Ebalo and Narciso Baustita that transpired on May 29, 2006 at around 10:45 o’clock in
the evening at De Augusto St., Brgy. Salapan, San Juan, Metro Manila which was allegedly
perpetrated by SPO4 Rogelio Saballo Tamayosa, formerly assigned as Chief of Police of
Lubang Municipal Police Station, Lubang, Occidental Mindoro.
3. Records show that on the above-mentioned date, time and place, the group of
Solomon Ebalo and Narciso Bautista was then having a drinking spree while the group of the
respondent PNCO was likewise having a drinking session, just few meters away from the house
of the victims. Victims were allegedly disturbed by the noise created by the group of SPO4
Rogelio Tamayosa. Victim Solomon Ebalo then instructed Narciso Bautista to go to the
suspect’s group to caution the latter from creating too much noise. At that juncture, a heated
argument ensued between Narciso Bautista prompted the latter to leave the place and returned
together with Solomon Ebalo, both armed with a steel pipe with pointed ends and started
challenging the suspect while striking the steel gate of the suspect. Suspect got irked, pulled-out
his hand gun from his waist and shot Solomon Ebalo twice and then went outside and shot
Narciso Bautista several times, killing them instantly. SPO4 Rogelio Saballo Tamayosa left the
crime scene and voluntarily surrendered to PSUPT RODELIO JOCSON, Chief of Police of San
Juan Police Station without the weapon used and verbally admitted responsibility on the
shooting, claiming it was self defense. (Incident Report dated May 30, 2006, is hereto
attached).
4. On June 26, 2006, Mrs. Emma D. Ebalo, wife of the victim Solomon Ebalo, had
filed an administrative complaint, with certification of Non-Forum Shopping, before the Internal
affairs Service at Camp Crame, Quezon City for Grave Misconduct (Murder) against SPO4
Rogelio S. Tamayosa. (Complaint Sheet Form, with certification of Non-Forum Shopping,
and other allied documents are hereto attached).
5. Since the administrative case was filed before the Internal Affairs Service, this
office suspended and terminated the conduct of Summary Dismissal Proceedings (SDP), after
finding that IAS Camp Crame, Quezon City has acquired jurisdiction over the case, to avoid
duplication of charges. (Memo from this PPO dated August 31, 2006, Letter from Atty.
Ernesto V. Cabrera, Counsel for the respondent, dated August 24, 2006; Pre-Charge
Investigation Notice of Complaint dated July 27, 2006, and Counter-Affidavit of the
respondent are hereto attached).
APPROVED/DISAPPROVED
Enclosures:
MOCPIDMB- 290808-___
MEMORANDUM:
10. References:
3. Available records from this office show that on July 4, 2001, the team of
AGI/ORSITE from the National Headquarters, Camp Crame, Quezon City, led by PSUPT
EDUARDO C. DESQUITADO, conducted an Annual General Inspection/Operational
Readiness Spot Inspection Test and Evaluation at Paluan Municipal Police Station, Paluan,
Occidental Mindoro. Respondent SPO4 Almer Forteza Gramata, the designated PNCOIC of
Paluan MPS, was not at his post and it turned out that he was in San Jose this province.
Likewise, three (3) policemen of Paluan MPS were caught unaware of the arrival of the
inspection team. Thus, the subject respondent was charged for an administrative offense of
Serious Neglect of Duty.
5. The respondent further claimed that, while in San Jose, he took the opportunity to
consult a doctor for his illness, wherein during that time, “Typhoon Feria” struck the province of
Occidental Mindoro. He claimed furthermore, that he tried to be at his post at Paluan MPS
before the arrival of the inspection team, by taking the boat to Batangas for Paluan as he
preferred to travel by sea, instead of by land. Because, during that time, he was still traumatic,
due to the recent ambuscade that transpired in Paluan against his team that resulted to two (2)
KIAs from his members. With his determination to be at his post, respondent took a passenger
bus to Mamburao wherein on his way to Paluan, he chanced upon the departing AGI/ORSITE
Team, on board their own vehicles.
6. Since the respondent was not at his post during the conduct of AGI/ORSITE, a
case of Serious Neglect of Duty was filed against him. After the conduct of Pre-Charge
Investigation, he was recommended to be subjected for Summary Hearing Proceedings.
APPROVED/DISAPPROVED
Enclosures:
aa. Memo from RD, PRO MIMAROPA, dated August 22, 2008
bb. Resolution dated Jan 2, 2002
cc. IAS-Provincial Office Clearance.
dd. PNP Clearance dated May 22, 2007
e. Certificate of Non-Pending Case.
MOCPIDMB- 280808-___
MEMORANDUM:
11. References:
2. This pertains to the Grave Misconduct in the alleged shooting to death the victims
Solomon Ebalo and Narciso Baustita that transpired on May 29, 2006 at around 10:45 o’clock in
the evening at De Augusto St., Brgy. Salapan, San Juan, Metro Manila which was allegedly
perpetrated by SPO4 Rogelio Saballo Tamayosa, formerly assigned as Chief of Police of
Lubang Municipal Police Station, Lubang, Occidental Mindoro.
3. Records show that on the above-mentioned date, time and place, the group of
Solomon Ebalo and Narciso Bautista was then having a drinking spree while the group of the
respondent PNCO was likewise having a drinking session, just few meters away from the house
of the victims. Victims were allegedly disturbed by the noise created by the group of SPO4
Rogelio Tamayosa. Victim Solomon Ebalo then instructed Narciso Bautista to go to the
suspect’s group to caution the latter from creating too much noise. At that juncture, a heated
argument ensued between Narciso Bautista prompted the latter to leave the place and returned
together with Solomon Ebalo, both armed with a steel pipe with pointed ends and started
challenging the suspect while striking the steel gate of the suspect. Suspect got irked, pulled-out
his hand gun from his waist and shot Solomon Ebalo twice and then went outside and shot
Narciso Bautista several times, killing them instantly. SPO4 Rogelio Saballo Tamayosa left the
crime scene and voluntarily surrendered to PSUPT RODELIO JOCSON, Chief of Police of San
Juan Police Station without the weapon used and verbally admitted responsibility on the
shooting, claiming it was self defense. (Incident Report dated May 30, 2006, is hereto
attached).
4. On June 26, 2006, Mrs. Emma D. Ebalo, wife of the victim Solomon Ebalo, had
filed an administrative complaint, with certification of Non-Forum Shopping, before the Internal
affairs Service at Camp Crame, Quezon City for Grave Misconduct (Murder) against SPO4
Rogelio S. Tamayosa. (Complaint Sheet Form, with certification of Non-Forum Shopping,
and other allied documents are hereto attached).
5. Since the administrative case was filed before the Internal Affairs Service, this
office suspended and terminated the conduct of Summary Dismissal Proceedings (SDP), after
finding that IAS Camp Crame, Quezon City has acquired jurisdiction over the case, to avoid
duplication of charges. (Memo from this PPO dated August 31, 2006, Letter from Atty.
Ernesto V. Cabrera, Counsel for the respondent, dated August 24, 2006; Pre-Charge
Investigation Notice of Complaint dated July 27, 2006, and Counter-Affidavit of the
respondent are hereto attached).
APPROVED/DISAPPROVED
Enclosures:
ee. Memo from RD, PRO MIMAROPA, dated August 22, 2008
ff. Incident Report dated May 30, 2006
gg. Accomplished Complaint Sheet Form
hh. Certification of Non-Forum Shopping
ii. Memo dated August 31, 2006
jj. Letter from Atty. Ernesto V. Cabrera, Counsel for the
Respondent, dated August 24, 2006
kk. Pre-Charge Investigation Notice of Complaint dated
July 27, 2006
h. Counter-Affidavit of the respondent dated August 11, 2006
PROVINCIAL DIRECTOR,
Complainant,
Admin Case No.________________
-versus- For: Grave Misconduct
CHARGE SHEET
The undersigned Investigator accuses PO3 Hector Lescano Aguilar PNP and PO2 Romulo Evangelista
Aquino of the administrative offense of Grave Misconduct (NAPOLCOM M.C. No. 2007-001, Rule 21, Sec. 2,
GRAVE OFFENSES No. 3, para n- Deliberately or through gross negligence, destroy, damage or lose government
property entrusted to him for official use), committed as follows:
That on July 06, 2008 at Magsaysay Municipal Police Station, Magsaysay, Occidental Mindoro the
aforesaid respondents while member of the Philippine National Police and within the disciplinary jurisdiction of
this authority did, then and there, through gross negligence, lost the issued firearm M-16 Rifle bearing serial
number 160979 entrusted to PO3 Hector Lescano Aguilar PNP for official use. PO3 Hector Lescano Aguilar PNP
consented and allowed PO2 Romulo Evangelista Aquino to use the said firearm during his tour of duty, wherein the
said firearm was lost on July 6, 2008 while under the custody of the latter.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having examined
all the witnesses and documents presented in relation to this administrative case pursuant to NAPOLCOM Memo
Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of August, 2008 at the Office of the Regional
Investigation and Detective Management Division, PRO MIMAROPA, Camp Vicente Lim, Calamba City.
PROVINCIAL DIRECTOR,
Complainant,
Admin Case
No.________________
-versus- For: Serious Neglect of Duty
(AWOL)
CHARGE SHEET
The undersigned Investigator accuses PO1 Niño Perez Magtoto PNP of the administrative
offense of Serious Neglect of Duty (AWOL), committed as follows:
That from February 04, 2008 up to July 22, 2008 at Occidental Mindoro PPO the aforesaid
respondent while member of the Philippine National Police and within the disciplinary jurisdiction of this
authority did, then and there, absented himself from Office without filing the appropriate application for
leave or immediately thereafter.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having
examined all the witnesses and documents presented in relation to this administrative case pursuant to
NAPOLCOM Memo Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of August, 2008 at the Office of the
Regional Investigation and Detective Management Division, PRO MIMAROPA, Camp Vicente Lim,
Calamba City.
PROVINCIAL DIRECTOR,
Complainant,
Admin Case
No.________________
-versus- For: Serious Neglect of Duty
(AWOL)
CHARGE SHEET
The undersigned Investigator accuses PO2 Ferdinand Jose Pinuela Laredo of the administrative
offense of Serious Neglect of Duty (AWOL), committed as follows:
That from June 13, 2008 up to July 13, 2008 at Occidental Mindoro PPO the aforesaid
respondent while member of the Philippine National Police and within the disciplinary jurisdiction of this
authority did, then and there, absented himself from Office without filing the appropriate application for
leave or immediately thereafter.
Acts committed in violation of existing rules and regulations of the Philippine National Police.
San Jose, Occidental Mindoro, Philippines, August 06, 2008.
CERTIFICATION
A Pre-Charge Evaluation has previously been conducted in this case under my direction, having
examined all the witnesses and documents presented in relation to this administrative case pursuant to
NAPOLCOM Memo Cir No. 2007- 001.
SUBSCRIBED AND SWORN TO before me this __ th day of August, 2008 at the Office of the
Regional Investigation and Detective Management Division, PRO MIMAROPA, Camp Vicente Lim,
Calamba City.