Republic of the Philippines

National Police Commission

PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
QUEZON CITY POLICE DISTRICT
DISTRICT LEGAL SERVICE
Camp Gen. Tomas Karingal, Sikatuna Village, Quezon City
MEMORANDUM
FOR

: District Director

THRU

: DDDA ________________
DDDO ________________
CDDS ________________

SUBJECT

: Summary Hearing Proceedings re: Admin Case against

PO1 Gilbert S Fuentes of PS-3 for Simple Neglect of
Duty (4 Days AWOL-March 8, 10, 13 and 22, 2013)

DATE
:
================================================================
1. Reference: Admin Case No. QCPD SHP 09-2013-282 for Simple Neglect
of Duty (4 Days AWOL-March 8, 10, 13 and 22, 2013.
2. Above reference pertains to the Administrative Case QCPD No.09-2013282 filed against PO2 Gilbert S Fuentes for Simple Neglect of Duty for being absent
on March 8,10,13, 22, 2013 without filing an official leave (AWOL), defined and
penalized under NAPOLCOM Memo Circular No. 2007-001. The accusatory portion
of Charge Sheet reads:
That the above respondent while being an active member
of the PNP and within the disciplinary jurisdiction of the District
Director, QCPD, did then and there, willfully and unlawfully and
morally committed absences without official leave (AWOL) on
March 8, 2013 under Admin Case 07-2013-420; March 10, 2013
under Admin Case# 07-2013-418; March 13,2013 under Admin
Case # 07-2013-419; and on March 22,2013 under Admin Case #072013-417 without having filed the necessary application for leave
or secured the approval of his superior officer and further fail to
report to his superior officer his inability and incapability to report
for duty.
3. After the requisite proceedings, the SHO found respondent GUILTY. The
dispositive portion of his Resolution reads:
WHEREFORE, In view of the foregoing and without any
mitigating circumstances attendant to the commission of the offense,
recommend that PO2 Gilbert S Fuentes be penalized for suspension
under Light Offenses in its minimum period of FIVE (5) DAYS for each
count.
4. This Office concurs with the findings of the SHO. Recommend for approval
of, and signature on the attached prepared Decision.
JAY TRAPSE BORROMEO
Police Superintendent
District Legal Officer

Republic of the Philippines

National Police Commission
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
QUEZON CITY POLICE DISTRICT
Camp Gen. Tomas Karingal, Sikatuna Village, Quezon City
Quezon City Police District,
Complainant,

Administrative Case No.

NCRPO-QCPD-AC No. 09-2013-282
For: Simple Neglect of Duty
(AWOL-March 8, 10, 13,22, 2013)

-versusPO2 Gilbert S Fuentes

Respondent.
x----------------------------------------x
DECISION
This pertains to the administrative summary proceedings against PO2 Gilbert
S Fuentes for Simple Neglect of Duty (AWOL- March 8, 10, 13, 22, 2013) pursuant to
NAPOLCOM Memorandum Circular No. 2007-001. The charge sheet reads:
That the above respondent while being an active member
of the PNP and within the disciplinary jurisdiction of the District
Director, QCPD, did then and there, willfully and unlawfully and
morally committed absences without official leave (AWOL) on
March 8, 2013 under Admin Case 07-2013-420; March 10, 2013
under Admin Case# 07-2013-418; March 13,2013 under Admin
Case # 07-2013-419; and on March 22,2013 under Admin Case #072013-417 without having filed the necessary application for leave
or secured the approval of his superior officer and further fail to
report to his superior officer his inability and incapability to report
for duty.
Records show that PO2 Gilbert S Fuentes while assigned at Talipapa Police
Station (PS-3) failed to render duties on March 8, 10, 13, 22, 2013 without filing a
necessary application for official leave nor informing his immediate superior and his
office of his inability and incapability to render duties.
In observance of administrative due process, respondent was notified of the
administrative charge against him on October 7, 2013 another notice of appearance
was sent to on October 10, 2013 but no response yet has been made until October
30, 2013 when the respondent submitted his counter affidavit stipulating therein his
reason, to wit;
The respondent alleged among others that he suffered TONSILITIS
INFECTION RESULTING TO FEVER on March 8, 10, 13 and 22, 2013, however on
March 9, 11 and12 he felt better and reported for duty. To this effect, the respondent
presented a medical certificate from Muzon Health Plus Clinic duly certified by one
Benjamin Bunyi, MD with License No. 79582 and PTR No. 7702363. The respondent
further alleged that he suffered LBM on March 22, 2013. No other evidence was

presented to corroborate such defense neither a mitigating circumstances to appease

the ruling of his case ever submitted.
Whether or not respondent PO2 Gilbert S Fuentes is liable for Simple Neglect
of Duty for failure to render his duties on the dates as charged?
Neglect of duty is the omission to perform a duty and has reference to
the neglect or failure on the part of a public officer to do and perform
some duty or duties laid on him as such by virtue of his office or which is required of
him by law.
Public service requires integrity and discipline. For this reason, public
servants must exhibit at all times the highest sense of honesty and dedication to duty.
By the very nature of their duties and responsibilities, government employees must
faithfully adhere to, hold sacred and render inviolate the constitutional principle that a
public office is a public trust; that all public officers and employees must at all times
be accountable to the people, serve them with utmost responsibility, integrity, loyalty
and efficiency (San Carlos City vs. Oscar Llamas).
The fact that the respondent suffered Tonsillitis Infection Resulting to Fever on
the afore-cited dates connotes the idea of every other day sickness and in-between
he reported for duty. Apparently, respondent tried in his best effort to report for duty
regardless of his sickness is contrary to medical advice.
Tonsillitis is inflammation of the tonsils most commonly caused by viral or bacterial
infection. Symptoms may include sore throat and fever. When caused by a bacterium
belonging to the group A streptococcus, it is typically referred to as strep throat. The
overwhelming majority of people recover completely, with or without medication. In
40%, symptoms will resolve in three days, and within one week in 85% of people,
regardless of whether streptococcal infection is present or not.
Liberally construed the sickness will last for three (3) and even a week.
However, such reasonable lapses may take into consideration had he relayed the
same predicament to his office and be known by his superior. The absence of
notification compromises his offices making them dull as his whereabouts and
situation.
Through the respondent presented his medical certificate dated March 8, 2013
proving therein that he was diagnosed by a physician, its presentation is wanting
much more in need of validation by QCPD Health Service. Without such
confirmation, the given evidence may not establish materiality to support a rightful
conclusion.
The respondent allegation on March 22, 2013 that he suffered LBM may not
be given weight due to the absence of proof that he was indeed suffering from Loss
Bowel Movement
Finding flaws in his submitted evidence, unsubstantiated by fact to build a
good and credible defense, the undersigned has no other recourse but to apply the
appropriate and commensurate penalty as to the merits of the case at hand.

WHEREFORE, In view of the foregoing and without any mitigating

circumstances attendant to the commission of the offense, PO2 Gilbert S Fuentes
shall hereby penalized for suspension under Light Offenses in its minimum period of
FIVE (5) DAYS for each count.
SO ORDERED.
Quezon City, Philippines.
Date: ________________

EDGARDO G TIO
Police Chief Superintendent
Acting District Director, QCPD