Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
LANAO DEL SUR POLICE PROVINCIAL OFFICE
Camp Bagong Amai Pakpak, Marawi City

Philippine National Police

Complainant.
Administrative Case No. 016-06-2019

-versus- For: Simple Neglect of Duty

PEMS Ibrahim S Cauring

Respondent
x-----------------x

DECISION

This resolved the administrative case filed by the office of Provincial Investigation
and Detective Management Branch (PIDMB) LDSPPO against PEMS Ibrahim S
Cauring, currently assigned at Malabang Municipal Police Station as Deputy Chief of
Police.

The facts culled from the records are as follows:

The Pre-Charge Evaluation Report dated June 10, 2019 shows that there was a
“prima facie” evidence that the respondent committed an offense as defined under Rule
21, Sec. 2(A) sub para 1(t) NAPOLCOM Memorandum Circular No. 2016-002 (Simple
Neglect of Duty)

On October 21, 2019, the undersigned received the entire case record of PEMS
Ibrahim S Cauring which pertains to the Pre-Charge Evaluation Report against him from
Provincial Investigation and Detective Management Unit (PIDMU) LDSPPO for Simple
Neglect of Duty with Admin Case No. 016-06-2019 and a recommendation that subject
PNCO be subjected to Summary Dismissal Proceedings.

On June 30, 2019, Summon was issued by the former Summary Hearing Officer
of this case, PCPT Dante O Gatasi to the Respondent but due to severe health problem
that he suffered, on October 21, 2019, the undersigned immediately took-over as
Summary Hearing Officer. For the continuity of this particular case, on October 25,
2019, Notice of Pre-Hearing was issued to both parties thru personal delivery and Pre-
Hearing was conducted on October 30, 2019 at about 8:00 AM at Tagoloan MPS,
Tagoloan, Lanao Del Sur.

During Pre-Hearing, both parties agreed to dispense Summary Hearing

Proceedings and instead, they will submit a Memorandum or Position Paper within ten
(10) days upon signing of the Agreement.
 Gleaned from the Pre-Charge Evaluation Report, that on May 13, 2019, a
shooting incident transpired at Brgy Macabao, Ganasi, Lanao Del Sur wherein four (4)
minors on board a Toyota Fortuner sustained injuries.

On June 2, 2019, during the post assessment of MNLE 2019 held at Capitol
Conference Hall Marawi City, the Provincial Director of LDSPPO, PCOL Madzgani M
Mukaram, verbally instructed the Respondent to gather information/updates regarding
the status of four (4) minor victims but accordingly, disregarded the direct order.

On June 5, 2019, a memorandum was issued by the office of PIDMB, LDSPPO

through the verbal instruction of PLTCOL Richard Adonis J Habawel, DPDO, LDSPPO,
addressed to the Respondent instructing him to submit to the office of PIDMB the
updates on the shooting incident at Brgy Macabao, Ganasi, LDS, but again this was
ignored by the Respondent.

On the other hand, the Respondent, on his affidavit argued that it was not his
intention to neglect his duty to the Philippine National Police but he could not take the
fact that there is an acting Chief of Police of Ganasi MPS before he was terminated on
May 14, 2019 by the Provincial Director and replaced by PLT Darwin L Jamanulla as
OIC of Ganassi MPS effective May 14, 2019 in which case, Respondent was no longer
designated as Deputy Chief of Police.

He further explained that PCPT William O Dagondon Jr. was the Acting Chief of
Police of Ganassi MPS and designated by the Provincial Director. Since then, PCPT
Dagondon designated the Respondent as Deputy Chief of Police as provided by office
order no. 2019-002 dated March 6, 2019 as Respondent’s additional duties and
responsibilities which under the law, according to the Respondent, considered as
redundancy due to duplication of the designation of Chief of Police such as Acting Chief
of Police designated his Deputy Chief of Police and he was relieved by the Provincial
Director of Lanao Del Sur PPO, PCOL Madzgani M Mukaram from Ganassi MPS
without addressing his designation and reassigned to 2 nd Platoon, 2nd PMFC, effective
June 11, 2019.

Respondent further claimed that he did not commit violation of Rule 21, Sec. 2
(A) sub para 1(t) NAPOLCOM Memorandum Circular No. 2016-002 (Simple Neglect of
Duty) but rather a question of whether or not the designation of the Respondent as
Deputy Chief of Police issued by the Acting Chief of Police of Ganasi MPS is valid
without the conformity of the Provincial Director of LDSPPO

Secondly, after the relief of the Acting Chief of Police on May 14, 2019, he was
automatically replaced by another Acting Chief of Police other than the respondent so
why put the blame on the Respondent for failure to prepare and submit properly written
report regarding the shooting incident that transpired on May 13, 2019 while there was
an active and Acting Chief of Police.

After careful perusal of the evidence submitted by both parties to the Summary
Hearing Officer, the Respondent failed to prove that he did not commit the offense as
defined underRule 21, Sec. 2(A) sub para 1(t) NAPOLCOM Memorandum Circular No.
2016-002 (Simple Neglect of Duty)
 The offense committed by the Respondent is so clear as there was an order,
coming from the Provincial Director, first, in the form of verbal instruction and secondly
from Deputy Provincial Director for Operation in the form of memorandum which is to
submit updates on the shooting incident that transpired in Ganassi LDS on May 13,
2019.

The task being given to the Respondent by the Provincial Director and the
Deputy Provincial Director for Operation may find that it is not suitable for him to do as
he was only the Deputy Chief of Police of Ganassi MPS and we know for a fact that the
Investigator On-Case or the Chief of Police knows more about the incident being that it
happened within his Area of Responsibility.

Nevertheless, this could not be a valid reason for the Respondent to disregard
such order considering that the instruction is said to be lawful as it was connected with
the crime incident that happened within his Area of Responsibility that requires police
intervention and immediate action.

In the search for answer whether the Respondent has made his effort to obey
order from the Provincial Director and Deputy Provincial Director of Lanao Del Sur
Police Provincial Office, it was proven that there was none. The Summary Hearing
Officer asked the two (2) former Chief of Police of Ganassi MPS, PCPT Dagondon and
PLT Jamanulla and Investigator On-Case of Ganassi MPS and they confirmed to the
undersigned that the Respondent did not convey the instruction of PD and DPDO to
them.

The question being raised by the Respondent through his affidavit with regard to
his designation is not an issue but rather than a question if the Respondent obeyed or
disobeyed lawful orders from his superiors. Through the evidence presented by the
complainant, Respondent indeed had no appropriate action to these lawful orders

Taking into consideration that on May 13, 2019, the Respondent was deployed to
the polling center located at Paraba Elementary School, Brgy Paraba, Ganasi, Lanao
Del Sur as provided by pictures and Ganassi MPS duty detail but Respondent has
enough time to comply such order of his superior by conveying those instruction to his
Chief of Police or Investigator On-Case of that particular incident.

In this case, the severity of neglect on the part of Respondent is absolute,

considering that the instruction coming from his superior was made two (2) times and
that is by way of verbal instruction and the other one was by way of memorandum

For the Respondent to prove that he did not commit the offense as charged, the
allegation of the complainant with regard to the instruction must be seen as “unlawful
order” and it is not sanctioned by duties and responsibilities of any member of Philippine
National Police as provided in the guidelines and policies of PNP Organization.

From this, it would simply mean that due process was observed but the amount
of evidence presented by the Respondent is not enough to convince the Summary
Hearing Officer that he did not committed the offense as charged pursuant to Rule 21,
Sec. 2(A) sub para 1(t) NAPOLCOM Memorandum Circular No. 2016-002 (Simple
Neglect of Duty).
 Wherefore, foregoing premises considered, respondent PEMS Ibrahim S Cauring
is hereby found GUILTY of the offense as charged and be meted with a penalty of
twenty (20) days forfeiture of salary.

SO ORDERED.

Done this _____ day of March 2020 at Camp Bagong Amaipak Pak, Marawi City
Lanao Del Sur.