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The document details a complaint against a police officer for failing to record an accident in the official police blotter and assist with filing a case on time. An investigation was conducted, and it was determined there was probable cause to hold the officer administratively liable for neglect of duty.

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Mark Alexander Fenid
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115 views

Galisin

The document details a complaint against a police officer for failing to record an accident in the official police blotter and assist with filing a case on time. An investigation was conducted, and it was determined there was probable cause to hold the officer administratively liable for neglect of duty.

Uploaded by

Mark Alexander Fenid
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

NATIONAL POLICE COMMISSION


PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE CALABARZON
LAGUNA POLICE PROVINCIAL OFFICE
Camp BGenPaciano Rizal, Sta Cruz Laguna

MEMORANDUM

FOR : Provincial Director


(Attn: Chief, PPHRDB)

FROM : Chief, PIDMB

SUBJECT : Pre-Charge Investigation Report against PSSG Janelo D Basan

DATE : November 18, 2019

I. REFERENCES:

a. Complaint of Mrs. Sylvia C Caballes dated November 11, 2019


regarding failure of PSSG Janelo D Basan to blotter the incident of
RIR to Physical Injury and to assist the complainant in filing the
case on time.

b. Reckless Imprudence Resulting in Physical Injury that transpired on


October 29, 2019 at about 6:00 PM at Brgy. Maulawin, Soriano St.
Pagsanjan, Laguna.

c. Supplemental complaint dated November 12, 2019 for alleged light


threat from PSSG Basan; and

d. NAPOLCOM M.C. 2016-002.

II. MATTERS INVESTIGATED:

1. To determine the facts and circumstances surrounding the alleged


Neglect of Duty against PSSg Janelo D Basan arising from failure to record into the
Official Police Blotter Book the incident of Reckless Imprudence Resulting to
Physical Injury and failure to assist the complainant in filing the RIR in Physical Injury
on time.
2. To determine the administrative liability of subject PNCO, if any.

III. FACTS OF THE CASE:

3. This has reference with the complaint of Mrs Sylvia C Caballes dated
November 11, 2019 against PSSG Janelo D Basan for alleged Neglect of duty. That
prior to the said complaint the following circumstances occurred; (See attached
Talaan ng Reklamo “Tab A”)

a. That at about 6:00 PM, October 29, 2019 vehicular accident


happened at Brgy. Maulawin, Soriano St. Pagsanjan, Laguna
wherein the victim was identified as one Raj Laurenz Caballes, 7
years old, and a resident of Brgy. Pinagsanjan, Pagsanjan, Laguna.

b. Based on the affidavit of Mrs Sylvia C Caballes, her son one Raj
Laurence Caballes while riding a bicycle when bumped by tricycle
driven by Hanzel Arguelles last October 29, 2019 at about 6:00 PM
at Soriano St. Brgy. Maulawin, Pagsanjan, Laguna. The incident
resulted to the victim’s injuries and treated at the Laguna Provincial
Hospital.That, at around 8:00 PM of October 29, 2019 PSSG Basan
together with Hanzel Arguelles arrived at Provincial Hospital and
conducted initial investigation and dialog with both parties.
However, both parties have no clear understanding on the case due
to busy situation of the complainant in attending the needs of her
son’s medication.

4. That, at around 1:00 AM of October 30, 2019 Mrs Sylvia C Caballes,


went to Pagsanjan Police Station to discussed the said case against Hanzel Olivar,
however no settlement has been agreed. Further, at around 9:00 AM of October 30,
2019 Mr. and Mrs Caballes went back at Police Station for another discussion and
both parties agreed for a settlement.

5. That, on November 4, 2019 a written agreement was signed between


Sylvia C Caballes and Hanzel A Olivar with the following conditions to wit; (See
attached Written Agreement “Tab B”)

a. That, Hanzel Olivar will pay all the medical expenses of Raj
Laurence Caballes in the Hospital until his recuperation.

b. That, the amount of Five (5) Thousand Pesos will be paid as


damages of the victim, and

c. the bike will be restored in its physical running condition.

6. That, on November 11, 2019 Mrs Sylvia C Caballes went to PIDMB


office and filed an administrative case against PSSG Janelo D Basan for failure to
record into the Official Police Blotter the incident of Reckless Imprudence Resulting
to Physical Injury and to assist the complainant in filing the case on time.

7. That, on November 13, 2019 a case of Reckless Imprudence Resulting


in Physical Injury and Damage to Property was filed against Hanzel Olivar y
Arguelles, under Docket No. IV-04-INV-19K-01006 at Provincial Prosecutor Office,
Sta Cruz, Laguna, signed by Assistant Provincial Prosecutor II Artemis Q Badando.
(See attached Investigation Data Form/ Complaint Referral “Tab C”)
8. That, supplemental complaint dated November 12, 2019 for alleged
light threat against PSSG Basan was reported by Mrs Sylvia C Caballes. That, on
November 12, 2019 at 12:31 AM PSSG Basan, sent a message thru messenger as
quoted

“kuya tinulungan ko na kayo lahat lahat ganon pa ginawa nyo sa akin may
pamilya din ako naasa sa akin. Wag sana kyo makarma !! “Ginawa ko
lahat kuya para maayos kayo anong klaseng tao kayo” “ Pinaliwanag ko
na sa inyo lahat ganon pa gagawin nyo sa akin?!! Laking abala ginawa
nyo sa nyo sa akin tandaan nyo yan.. dapat kinausap nyo muna ako bago
kayo gumawa ng hakbang, ipanalanagin nyo na masuspended ako para
maging masaya kayo.. wala kayong awa may pamilya din ako. apat ang
anak di na kayo naawa sa akin. Ano ba gusto nyo? “Kung gusto nyong
tulungan ko kayo bawiin nyo yong reklamo don sa kampo nagsinungaling
pa kayo don.. Tinatanong ko kayo ng maayos kung magdedemanda kayo
di kayo makasagot tapos ako ididiin nyo? “Mabait akong tao kuya. Ano ba
gusto mo kaaway o kaibigan?” (See attached screen shot of messages
Tab “D”)

9. Based on the submitted explanation of PSSG Janelo D Basan, at


about 6:10 AM October 29, 2019 they received a call from a concern citizen
regarding the vehicular Accident that transpired at Soriano St. Brgy. Maulawin,
Pagsanjan, Laguna. Immediately PSSG Basan, conducted investigation and learned
that victim one Raj Caballes was brought by Pagsanjan Rescue Team at Laguna
Medical Center for treatment. Thereafter, the suspect/driver was take into the
custody of Pagsanjan MPS for the disposition of the case. That, on October 30,
2019, Mrs Sylvia Caballes and Hanzel Olivar, agreed for an amicable settlement.
(See attached explanation of PSSG Janelo D Basan “Tab E”)

IV. DISCUSSION:

10. The issue that needs to be resolved is whether or not PSSG Janelo D
Basan is administratively liable for failure to record in the Official Police Blotter the
incident of Reckless Imprudence Resulting to Physical Injury and to assist the
complainant in filing the case on time which is violation of NAPOLCOM M.C 2016-02
(Simple Misconduct).

11. That it has been disclosed that said incident (RIR to Physical Injury)
was not recorded in the Official Police Blotter of Pagsanjan MPS.

12. However, the alleged failure to assist in the filing of the case on time
has found no basis on the ground that a settlement was made between both parties
during the reglamentary period. However, the said settlement was not complied by
Hanzel A Olivar, thus a Criminal Case was filed on November 13, 2019.

13. Further, the alleged light threat has no probative value it is merely an
expression of having one’s hurt feelings of PSSG Basan.
V. CONCLUSION:

16. This evaluation concludes that there is probable cause to hold


respondent PSSG Janelo D Basan, administratively liable for violation of
NAPOLCOM Memorandum Circular 2016-002, Rule 21 Section 2A para 1(m) (Fail to
conduct within a reasonable period, proper, thorough and complete investigation
when assigned to do so) arising from his failure to record on the Official Police
Blotter the said accident which is tantamount to “Simple Neglect of Duty”.

VI. RECOMMENDATION:

17. WHEREFORE, this office hereby recommends that respondent


PSSG Janelo D Basan, be subjected for Summary Hearing Proceeding (SHP) for
violation of NAPOLCOM MC 2016-02, Rule 21 Section 2A, PARA 1(m) for him to
adduce evidence on his behalf.

Arthuro P Ramirez Jr Bartolome N Mercado


Police Master Sergeant Police Executive Master Sergeant
Pre-Charge PNCO Chief, Clerk

I concur with the findings and recommendation of the Evaluating Officer.

JESSON V BOMBASI
Police Lieutenant Colonel
Chief, PIDMB

Approved/Disapproved

ELEAZAR P MATTA
Police Colonel

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