Republic of the Philippines

National Police Commission

Philippine National Police
POLICE SECURITY AND PROTECTION GROUP
Camp BGen Rafael T Crame, Quezon City

IN RE: ADMINISTRATIVE COMPLAINT

AGAINST:

For: Simple Irregularity in the

PCMS MARIO Y CAMILE Performance of Duty
Respondent,
x------------------------------------------x

COMMENT/COUNTER-AFFIDAVIT

COMES NOW, HEREIN RESPONDENT, unto this Honorable Office, most

respectfully states that:

1. That I am the respondent in the above-entitled case;

2. This case pertains to the charge of Simple Irregularity in the

Performance of Duty filed against me after having seen to be driving
my issued Versys 650cc Kawasaki Motorcycle while not wearing my
PNP Uniform in the morning of November 19, 2019 while hurriedly
entering Camp Sgt. Quintin M Merecido, Buhangin, Davao City to
submit the said motorcycle at the Police Security and Protection
Group, Presidential Protection Division, Davao Satellite Office therein
for the installation of MV File Number and Picture Taking

3. Rule 21, Section 2, (A), 2 (a) of NAPOLCOM Memorandum Circular

2016-002 provides that, “Simple Irregularity in the performance of
Duty is a personnel drive a marked police vehicle while not in
prescribed uniform, except those who are not required to do so by
reason of the exigency of service”;

4. In the above cited provision of NAPOLCOM Memorandum Circular

2016-002 it can be noted that the commission of the offense of

1|Page
 driving marked vehicle while not in prescribed uniform is not the hard
and fast rule as it admit an exemption, that is when it is done by
reason of exigency of service;

5. The word exigency, however, carries a very broad definition and may
admit numerous circumstances. It does not only pertains to
situations which involves emergency nor that is between life and
death but likewise includes cases where there is nothing for the
person to do but comply to a demand or order in the earliest possible
time without sufficient time to reflect with other matters. In fact,
Exigency is defined as a case or situation which requires prompt
action or remedy;

6. In the instant case, I never denied that on the said time and date as
stated in the complaint I indeed driven my issued motorcycle not in
police uniform while going to our office located inside Camp Sgt.
Quintin M Merecido, Buhangin, Davao City but it must be noted that I
never has the intention to commit any violation of the rules and
regulation of the Philippine National Police but in fact has did it to
comply with the directive and order of the higher office despite the
fact the I was actually off duty that day;

7. As has already stated in my affidavit, on the morning of November

19 2019, I, while off duty, decided to bring my issued Versys 650cc
Kawasaki Motorcycle to the motorcycle shop of a certain RESTY L
PANILAG a.k.a. DALOYDOY, a known mechanic of Bigbikes in Davao
City, so that the malfunctioning siren be fixed therein;

8. While therein, however, I received a viber message from the office

directing all the motorcycle drivers to immediately bring the vehicle
to the office for the one time installation of the MV File Number and
Picture Taking and thus right after the siren of my motorcycle is
fixed, I immediately and hurriedly complied with the directive to
bring the issued motorcycle in the office without anymore thinking

2|Page
 that I need first to go home to change to my uniform as the same
will took time and I may be late for the said activity (Attached is the
Affidavit of PCMS MARIO Y CAMILE);

9. Such accounts were corroborated by the motorcycle mechanic RESTY

L DALOYDOY stating that while he was in the middle of my issued
motorcycle, he was suddenly asked to fix it faster as I need to
immediately bring the motorcycle to the office as there will be an
activity (Attached is the Affidavit of RESTY L PANILAG);

10. Based on that facts and circumstances, it can be viewed that the fact
that I, the respondent, has driven my issued motorcycle while not in
PNP uniform in the morning of November 19, 2019 was openly
admitted and not disputed but it must also be viewed that the
commission of the same is not intentional and malicious on my part
as it is likewise clear from the foregoing that the only reason why I
committed the act is because I am so eager to comply with a
directive requiring us to bring our issued motorcycle to the office for
MV File Number Installation and Picture Taking, a circumstance that
is undeniably considered as an exigency in the performance of duty
which necessitates his exoneration from the offense charged as
provided by no less than the Section 2 (A), Paragraph 2 (a) of
NAPOLCOM Memorandum Circular 2016-002;

11. Assuming for the sake of argument that indeed he committed an

infraction, the same must be mitigated by the Length of his Service
having served the PNP for more than Nineteen (19) years already
and during those years, this will be the first time that he was charged
administratively, likewise, a mitigating circumstance of Good Faith,
which is so evident in the instant case, must be appreciated in his
favor;

3|Page
 WHEREFORE, all the foregoing premises considered, I, PCMS MARIO
Y CAMILE, respectfully prays that the case for Simple Irregularity in the
Performance of Duty be DISMISSED OUTRIGHT for lack of probable cause.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this

______ day of _________________, in Davao City, Philippines.

PCMS MARIO Y CAMILE

Respondent

SUBSCRIBED AND SWORN to before me this _____day of

_____________________ at Davao City, Philippines.

4|Page