Republic of the Philippines

NATIONAL POLICE COMMISSION

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

MEMORANDUM

FOR : RD, PRO BARMM

Camp BGen Salipada K Pendatun
Parang, Maguindanao
(Attn: C, DLOS)

FROM : Summary Hearing Officer

SUBJECT : Summary Hearing Proceedings against PSINSP PENEL P

RAMAS

DATE : March 21, 2019

1. Reference: Memorandum from DRDA/Regional Summary Hearing Chairman

dated January 9, 2019 with Admin Case of PSINSP PENEL P RAMAS as subject..

2. Per above-cited reference, forwarded to that Office is the entire case folder of
the case of PSINSP PENEL P RAMAS (Original Copy) under Admin Case No. 068-
1211-2018 and 069-1211-2018 for Simple Neglect of Duty cases with Resolution
and Draft Decision for approval and signature of RD, PRO BARMM.

3. Request acknowledge.

MICHAEL B ANGELES
Police Chief Inspector
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
LANAO DEL SUR POLICE PROVINCIAL OFFICE
Camp Bagong Amai Pakpak, Marawi City

In Re: Summary Hearing Admin Case No: 068-1211-2018 and 069-1211-2918

Proceedings Against: For: Simple Neglect of Duty (Rule 21, Sec 2 (a) sub
PSI PENEL P RAMAS para 1(w) and Simple Neglect of Duty Rule 21, Sec 2
(A) Para 1 (t) of NAPOLCOM Memorandum Circular
2016-002) respectively

RESOLUTION
I. PRELIMINARY STATEMENT:

This Summary Hearing Proceedings against PSI PENEL P RAMAS of Lanao Del
Sur PPO will delve on the Alleged Simple Neglect of Duty cases lodge against him by
PSINSP GIESON M BANIAGA, Chief, PCIS, RIDMD, PRO ARMM.

II. STATEMENT OF THE CASE:

Records disclosed that this instant Administrative Cases were lodge against the
herein respondent when he was then the Chief of Police of Lumbaca Unayan Municipal
Police Station, Lanao Del Sur Police Provincial Police Office as according to the
complaint the former have committed infractions herein mentioned (above captioned
cases).

This instant cases stemmed from the respondents failure to designate/issue

station order to a Survivor PNCO and the undue delay of the submission of
Investigation Report relative to the death of PO3 Abdulkhayr Babanggol Hadji Noor
which cause delay on the death claims of the late PO3 Hadji Noor’s beneficiaries.

In the two (2) pages Sworn Affidavit forwarded by the respondent he cited
several arguments on the issues set forth against him and presented pieces of evidence
such as Spot Report re- Death of PO3 Abdulkhayr Hadjinoor dated July 31, 2017;
Memorandum dated August 1, 2017 with Death of PO3 Abdukkhayr Babanggol
Hadjinoor duly received by by S! LDSPPO on August 01, 2017 and IR re-Death of PO3
Abdulkhayr Hadjinoor dated August 25, 2017.

Herein respondent in his affidavit dated August 13, 2018 averred that he
instructed PO1 Sihawi Macaayan to act as the Survivor PNCO of the late PO3 Hadji
Noor and to secure necessary documents for the deceased death benefits.
 Further, PSI RAMAS stated that he closely supervised PO1 Macaayan in
securing the documents needed as reference of the Investigation being conducted by
Lumbaca-Unayan MPS by frequently getting in touch with the PO1 Macaayan.

Respondent on his Sworn Affidavit admitted that he failed to issue appropriate

station orders designating PO1 Sihawi Macaayan as Survivor PNCO of the late PO3
Abdulkhayr Babanggol Hadji Noor.

II. EVIDENCE:

For the complainant:

a. Memorandum from DRDA/Regional Summary Hearing Chairman addressed

to PCINSP MICHAEL B ANGELES dated January 9,, 2019 with Admin Case
of PSI PENEL P RAMAS as subject.
b. Charge Sheets against PSI PENEL P RAMAS for Simple Neglect of Duty
Rule 21, Sec 2(A) para 1(w) of NAPOLCOM Memorandum Circular Number
2016-002 docketed under Admin Case No. 068-1211-2018 and Simple
Neglect of Duty Case (Rule 21, Sec 2 (A) Para 1 (t) of NAPOLCOM MC No.
2016-002 docketed under Admin Case No. 069-1211-2018.
c. Memorandum from OIC, RIDMD for Regional Director PRO ARMM dated
November 1, 2018 with Pre-Charge Investigation Report against PSINSP
PENEL P RAMAS for Two (2) counts of Simple Neglect of Duty and PSUPT
RICHRD ADONIS J HABAWEL for Simple Neglect of Duty as subject.
d. Memorandum from AC, RIDMD addressed to RD, PRO ARMM dated June 1,
2018 with IR re- Delayed Reporting of Deceased Status of PO3 Abdulkhayr
Babanggol Hadji Noor as subject..
e. Memorandum from TADPRM addressed to RD, PRO ARMM dated May 15,
2018 with Explanation Re: Death Report of PO3 Abdulkhayr Babanggol Hadji
Noor as subject.
f. Memorandum from OIC, RPHRDD for APD, Lanad del Sur PPO dated may
18, 2018 with Explanation for Failure to Report on Time the death of PO3
Abdulkhayr Babanggol HadjiNoor 108900 as subject.
g. Memorandum from APD, LDSPPO for RD, PROARMM (Attn: C, RIDMD)
dated May 22, 2018 with Explanation re Alleged Failure to Report on time the
death of PO3 Abdulkhayr Babangol Hadjinoor 108900 as subject.
h. Memorandu from APD, LDSPPO for RD, PRO ARMM (Attn: OIC, RPHRDD)
dated August 2, 2017 with Death of PO3 Abdulkhayr Babangol Hadji Noo as
subject.
i. Memorandum from OIC, RPHRDD for APD, LDSPPO dated May 18, 2018
with Explanation for Failure to Report on Time the Death of PO3 Abdulkhayr
Babanggol Hadji Noor as subject.
j. Memorandum from RD, PROARMM for TADPRM (Attn: RMD) dated May 25,
2018 with Explanation Re: Late Reporting in the Death of PO3 Abdulkhayr
Babanggol Hadji Noor as subject.
 k. Memorandum from OIC, PRO, ARMM for TADPRM (Attn: C, RMD) dated
May 25, 2018 with Explanation Re: Late Reporting in the Death of PO3
Abdulkhayr Babanggol Hadji Noor as subject.
l. Affidavit of Salam Manogangcar Macapanton datedMay 31, 2018.
m. Affidavit of Compliaint executed by PSUPT JUN MARK J LAGARE against
PSI PENEL P RAMAS and PSUPT RICHARD ADONIS J HABAWEL dated
June 18, 2018.
n. Certificate of Non-Forum Shopping executed by PSUPT JUN MARK J
LAGARE dated June 18, 2018.
o. Summons

For the respondent:

a. Affidavit executed by PSINSP PENEL P RAMAS dated August 13, 2018..

b. Memorandum from Chief of Police Lumbaca Unayan MPS for APD,
LDSPPO (Attn: PPHRDB) dated August 1, 2017 with death of PO3
Abdulkhayr Babangol Hadjinoor as subject duly received by S1 on August
1, 2017.
c. Spot Report Re: Death of PO3 Abdulkhayr Babanggol Hadji Noor dated July
31, 2017.
d. Investigation Report re- Death of PO3 Abdulkhayr Babanggol Hadji Noor
dated August 25, 2017 signed by PSI PENEL P RAMAS.
e. Medical Certificate Issued by Cagayan De Oro Medical Center on June 30-
31, 2017.
f. Position paper executed by PSI PENEL P RAMAS dated March 13, 2019..

IV. DISCUSSION:

The undersigned Summary Hearing Officer (SHO) had sent a Summon to

herein respondent requiring/directing him to submit his answer/reply relative to the
charges herein mentioned and to submit other documentary evidence in support of his
defense five (5) days from the date of receipt. Said summon was personally received by
PSI PENEL P RAMAS on March 8, 2019.

But instead of filing his reply to the charges imputed against him, herein accused
opted to file a Motion to Dispense Hearing attached therewith is his Position Paper on
the case which the Prosecutor on case did not interposed/manifest any objection.

The Respondent posits that he did not commit Simple Neglect of Duty in both
occasions defining the above captioned case by a previous NAPOLCOM MC more
particularly Memorandum Circular Nr. 2007-001.

NAPOLCOM MC 2016-002 provides that Neglect of Duty is also committed by

omission. To issue appropriate station orders to a designation is an inherent function of
the Chief of Police and the same is an existing Standard Operating Procedures in the
PNP organization purposely to define tasks, functions and responsibilities of personnel.
Without such dysfunction will surely be in existence. Thus, non-issuance of orders to a
designation can be construed as an omission of his inherent function as Chief of Police.

Further, PNP Memorandum Circular No. 2016-061 provides that “the head of
office where the incident transpired shall submit the Investigation Report (IR) to the
concerned PPO/CPO/PRO/NSU/NHQ within seventy-two (72) hours for the activation of
the LOD Board”. This PNP MC aims to expedite submission of investigation report, LOD
Status Report and other pertinent documents; and define the responsibilities of all
offices/units/persons tasked to provide adequate support for its immediate
implementation and procedures. Thus, when PSINSP RAMAS did not submit within the
prescribed period the supposed Investigation Report is a clear violation of this PNP
Memorandum Circular.

Simple Neglect of Duty is classified as a Light Offense and Sec 2 Rule 22 of the
NAPOLCOM Memorandum Circular 2016-002 states that for light offenses the following
penalty may be imposed:

a) Reprimand for the first offense;

b) Withholding of privileges, restriction to specified limits, restrictive
custody, suspension of salary or combination thereof from one (1)
day to ten (10) days (minimum);
c) Withholding of privileges, restriction to specified limits, restrictive
custody, suspension of salary or combination thereof from eleven
(11) days to twenty (20) days (medium); and
d) Withholding of privileges, restriction to specified limits, restrictive
custody, suspension of salary or combination thereof from twenty-
one (21) days to thirty (30) days (Maximum).”

V. CONCLUSION:

It is evident based on the facts stated herein that the accused committed Simple
Neglect of Duty when he failed to issue appropriate station orders designating a
Survivor PNCO to the late PO3 Abdulkhayr Babanggol Hadji Noor.

Records shows that Admin Case No. 068-1211-2018 is the first offense of the
herein accused on the aforesaid administrative case title. Therefore, a penalty of
REPRIMAND may be imposed against him.

Further, circumstances present made it clear that PSINSP RAMAS did not
adhere to the provision of PNP MC 2016-061 when he fail to submit within seventy-two
(72) hours an Investigation Report relative to the death of PO3 Hadji Noor. This instant
Admin Case with number 069-1211-2018 is a repetition of PSI RAMAS earlier offense
of Simple Neglect of Duty. Therefore, a penalty in the minimum period for light offenses
may be imposed on him.
 This attending circumstances tendered weight on pieces of evidence against the
respondent.

VI. RECOMMENDATION:

Premises considered, recommend that the herein respondent be

REPRIMANDED for the first Simple Neglect of Duty case herein committed docketed
under Admin Case Nr. 068-1211-2018 while on the second Simple Neglect of Duty
Case docketed under Admin Case Nr 069-1211-2018 a subsequent case under the
same title this SHO recommends that a penalty of SUSPENSION OF SALARY for five
(5) days be impose against him.

SO RESOLVED
March 20, 2019

MICHAEL BANGIT ANGELES

Police Chief Inspector
Summary Hearing Officer

APPROVED/DISAPPROVED:

GRACIANO JAYLO MIJARES

Police Chief Superintendent
Regional Director, PRO BARMM
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
LANAO DEL SUR POLICE PROVINCIAL OFFICE
Camp Bagong Amai Pakpak, Marawi City

In Re: Summary Hearing Admin Case No: 068-1211-2018 and 069-1211-2918

Proceedings Against: For: Simple Neglect of Duty (Rule 21, Sec 2 (a) sub
PSI PENEL P RAMAS para 1(w) and Simple Neglect of Duty Rule 21, Sec 2
(A) Para 1 (t) of NAPOLCOM Memorandum Circular
2016-002) respectively

DECISION
I. PRELIMINARY STATEMENT:

This Summary Hearing Proceedings against PSI PENEL P RAMAS of Lanao Del
Sur PPO will delve on the Alleged Simple Neglect of Duty cases lodge against him by
PSINSP GIESON M BANIAGA, Chief, PCIS, RIDMD, PRO ARMM.

II. STATEMENT OF THE CASE:

Records disclosed that this instant Administrative Cases were lodge

against the herein respondent when he was then the Chief of Police of Lumbaca
Unayan Municipal Police Station, Lanao Del Sur Police Provincial Police Office as
according to the complaint the former have committed infractions herein mentioned
(above captioned cases).

This instant cases stemmed from the respondents failure to designate/issue

station order to a Survivor PNCO and the undue delay of the submission of
Investigation Report relative to the death of PO3 Abdulkhayr Babanggol Hadji Noor
which cause delay on the death claims of the late PO3 Hadji Noor’s beneficiaries.

In the two (2) pages Sworn Affidavit forwarded by the respondent he cited
several arguments on the issues set forth against him and presented pieces of evidence
such as Spot Report re- Death of PO3 Abdulkhayr Hadjinoor dated July 31, 2017;
Memorandum dated August 1, 2017 with Death of PO3 Abdukkhayr Babanggol
Hadjinoor duly received by by S! LDSPPO on August 01, 2017 and IR re-Death of PO3
Abdulkhayr Hadjinoor dated August 25, 2017.

Herein respondent in his affidavit dated August 13, 2018 averred that he
instructed PO1 Sihawi Macaayan to act as the Survivor PNCO of the late PO3 Hadji
Noor and to secure necessary documents for the deceased death benefits.
 Further, PSI RAMAS stated that he closely supervised PO1 Macaayan in
securing the documents needed as reference of the Investigation being conducted by
Lumbaca-Unayan MPS by frequently getting in touch with the PO1 Macaayan.

Respondent on his Sworn Affidavit admitted that he failed to issue appropriate

station orders designating PO1 Sihawi Macaayan as Survivor PNCO of the late PO3
Abdulkhayr Babanggol Hadji Noor.

III. EVIDENCE:

For the complainant:

a. Memorandum from DRDA/Regional Summary Hearing Chairman addressed

to PCINSP MICHAEL B ANGELES dated January 9,, 2019 with Admin Case
of PSI PENEL P RAMAS as subject.
b. Charge Sheets against PSI PENEL P RAMAS for Simple Neglect of Duty
Rule 21, Sec 2(A) para 1(w) of NAPOLCOM Memorandum Circular Number
2016-002 docketed under Admin Case No. 068-1211-2018 and Simple
Neglect of Duty Case (Rule 21, Sec 2 (A) Para 1 (t) of NAPOLCOM MC No.
2016-002 docketed under Admin Case No. 069-1211-2018.
c. Memorandum from OIC, RIDMD for Regional Director PRO ARMM dated
November 1, 2018 with Pre-Charge Investigation Report against PSINSP
PENEL P RAMAS for Two (2) counts of Simple Neglect of Duty and PSUPT
RICHRD ADONIS J HABAWEL for Simple Neglect of Duty as subject.
d. Memorandum from AC, RIDMD addressed to RD, PRO ARMM dated June 1,
2018 with IR re- Delayed Reporting of Deceased Status of PO3 Abdulkhayr
Babanggol Hadji Noor as subject..
e. Memorandum from TADPRM addressed to RD, PRO ARMM dated May 15,
2018 with Explanation Re: Death Report of PO3 Abdulkhayr Babanggol Hadji
Noor as subject.
f. Memorandum from OIC, RPHRDD for APD, Lanad del Sur PPO dated may
18, 2018 with Explanation for Failure to Report on Time the death of PO3
Abdulkhayr Babanggol HadjiNoor 108900 as subject.
g. Memorandum from APD, LDSPPO for RD, PROARMM (Attn: C, RIDMD)
dated May 22, 2018 with Explanation re Alleged Failure to Report on time the
death of PO3 Abdulkhayr Babangol Hadjinoor 108900 as subject.
h. Memorandu from APD, LDSPPO for RD, PRO ARMM (Attn: OIC, RPHRDD)
dated August 2, 2017 with Death of PO3 Abdulkhayr Babangol Hadji Noo as
subject.
i. Memorandum from OIC, RPHRDD for APD, LDSPPO dated May 18, 2018
with Explanation for Failure to Report on Time the Death of PO3 Abdulkhayr
Babanggol Hadji Noor as subject.
j. Memorandum from RD, PROARMM for TADPRM (Attn: RMD) dated May 25,
2018 with Explanation Re: Late Reporting in the Death of PO3 Abdulkhayr
Babanggol Hadji Noor as subject.
 k. Memorandum from OIC, PRO, ARMM for TADPRM (Attn: C, RMD) dated
May 25, 2018 with Explanation Re: Late Reporting in the Death of PO3
Abdulkhayr Babanggol Hadji Noor as subject.
l. Affidavit of Salam Manogangcar Macapanton datedMay 31, 2018.
m. Affidavit of Compliaint executed by PSUPT JUN MARK J LAGARE against
PSI PENEL P RAMAS and PSUPT RICHARD ADONIS J HABAWEL dated
June 18, 2018.
n. Certificate of Non-Forum Shopping executed by PSUPT JUN MARK J
LAGARE dated June 18, 2018.
o. Summons

For the respondent:

a. Memorandum from Chief of Police Lumbaca Unayan MPS for APD, LDSPPO
(Attn: PPHRDB) dated August 1, 2017 with death of PO3 Abdulkhayr
Babangol Hadjinoor as subject duly received by S1 on August 1, 2017.
b. Spot Report Re: Death of PO3 Abdulkhayr Babanggol Hadji Noor dated July
31, 2017.
c. Affidavit executed by PSINSP PENEL P RAMAS dated August 13, 2018.
d. Investigation Report re- Death of PO3 Abdulkhayr Babanggol Hadji Noor
dated August 25, 2017 signed by PSI PENEL P RAMAS.
e. Medical Certificate Issued by Cagayan De Oro Medical Center on June 30-
31, 2017.
f. Position paper executed by PSI PENEL P RAMAS dated March 13, 2019.

IV. FINDINGS:

It is evident based on the facts stated herein that the accused committed Simple
neglect of duty when he failed to issue appropriate station orders designating a Survivor
PNCO to the late PO3 Abdulkhayr Babanggol Hadji Noor.

Records shows that Admin Case No. 068-1211-2018 is the first offense of the
herein accused on the aforesaid administrative case title. Therefore, a penalty of
REPRIMAND may be imposed against him.

Further, circumstances present made it clear that PSINSP RAMAS did not
adhere to the provision of PNP MC 2016-061 when he fail to submit within seventy-two
(72) hours an Investigation Report relative to the death of PO3 Hadji Noor. Thereby
delaying the creation and subsequent convening of the LOD Board intended for the
claims of the herein deceased PNCO. This instant Admin Case with number 069-1211-
2018 is a repetition of PSI RAMAS earlier offense of Simple Neglect of Duty. Therefore,
a penalty in the minimum period for light offenses may be imposed on him.

This attending circumstances tendered weight on pieces of evidence against the

respondent.
V. DISPOSITIVE PORTION:

Wherefore premises considered, herein accused is hereby REPRIMANDED for

the first Simple Neglect of Duty Case docketed under Criminal Case No. 068-1211-2018
and a penalty of SUSPENSION OF SALARY for five (5) days be impose against him for
the subsequent Simple Neglect of Duty Case filed against him docketed under Admin
Case No. 069-1211-2018.

SO ORDERED.

Done this ____ day of ______________ 2019 at Camp BGen Salipada K

Pendatun, Parang Maguindanao..

GRACIANO JAYLO MIJARES

Police Chief Superintendent
Regional Director, PRO BARMM