N RE: ADMINISTRATIVE PROCEEDINGS

Admin Case No RIASNCR- MP- ADM- 17- 058

Against FOR: Alleged 2 counts of Grave Misconduct

in violation of NMC- 2016- 002 Rule 21,
Section 2c, par 3 (r), in relation to violation of
the Revised Penal Code Article 146 (Parricide)

PO2 Roal Sabiniano

Respondent

RESOLUTION

This is regarding the administrative case filed against PO2 Roal Sabiniano for an
administrative offense of 2 counts of Grave Misconduct as provided in MEMORANDUM
CIRCULAR 2016- 002 under Rule 21, Section 2C, par 3 (r), in relation to violation of the
Revised Penal Code Article 246 “Parricide”.

The facts of the case are as exhibited in the records are as follows, that respondent’s
wife Mary Jane Sabiniano and son Aljon Dave Sabiniano, youngest daughter Alyanna Rylie
Sabiniano andeldest daughter Decsyrae Sabiniano were watching television inside their
living room, when suddenly PO2 Sabiniano pulled out his handgun, for unknown reason
deliberately shot his wife Mary Jane and son Aljon Dave wherein both of them died on the
spot. Meanwhile, his eldest daughter Decsyrae found an opportunity to escape, immediately
she took her younger sister Alyanna out of their home and sought helo from their neighbors.

After several minutes, respondent went to their Barangay Hall, and voluntarily
surrendered himself to Barangay Captain Manuel Co and his firearm. Likewise, respondent
confessed to Brgy. Capt. Co the crime he just committed. Thereafter he was arrested by
BPSO’s officer Rosendo Gordoncillo and Benrie Pols and subsequently he was turned- over
to CIDU, QCPD for investigation and disposition.

The issue left at hand is whether or not PO2 Roal Sabiniano was insane at the time
he committed the offense for him to invoke exemption in administrative liability.

Under the Revised Penal Code parricide is defined as:

Article 246. Parricide.- Any person who shall kill his father, mother or child,
whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be punished bu the penalty of reclusion perpetua to
death.

It is evident that the killing of PO2 Sabiniano’s wife and son falls under the provision of
Article 246. It is however contended by the respondent that he was insane at the time of the
commission of the crime. As provided for in Article 12 of the Revised Penal Code, an imbicile
or an insane person is exempt from liability provided he has not act during lucid interval. The
rationale behind this is because there is wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent. There is complete absence of
intelligence, freedom of action, intent or absence of negligence on the part of the accused.

In the case presented, it is evident that PO2 Sabiniano was not deprived or there was an
absence of intelligence since he was able to go to the Barangay Captain to whom he
confessed the crime he committed. Further it is decided by the Supreme Court that in order
for insanity to be a valid excuse from liability evidence of insanity must refer to (a) the time
preceding the act under prosecution or (b) at the very moment of its execution. As the
records present, it is true that there was a diagnosis that respondent was suffering from
Psychosis to be classified to consider Major Depressive Disorder with Psychotic features to
rule out Schizophrenia which was indicated in the medical certificate issued by JSINSP Joy
Manzo, MD, BJMP. However, it was not shown that prior to the commission of the crime or
even at the actual execution of the act, PO2 Sabiniano was actually suffering from said
insanity. Therefor the element of lack of intelligence is not established, hence, he cannot be
exempt from administrative liability.

After careful perusal of the records of the case, this Summary Hearing Office is
convinced that herein respondent committed Grave Misconduct (Parricide), for he
deliberately killed his wife and son for no apparent reason. And for the failure to clearly
establish that he was insane at the time of the commission of the crime.

WHEREFORE premises considered, it is recommended that, PO2 Roal Sabiniano be meted

the penalty of dismissal from service as provided for under NMC 2016- 002, Rule 22 sec. 2
for the alleged Grave Misconduct since he is already diagnosed to be suffering from some
mental illness. Police officers are not only required by their duties to be physically fit but
emotionally and mentally fit as well. It would be impossible for the respondent to fulfill his
duties if he is suffering from some psychotic issues, thus it would be for the greater good to
relieve PO2 Sabiniano from service not only for the safety of the society but also for the
wellfare of PO2 Sabiniano. He is being relieved not because he is not wanted in the service
but because his well being is being prioritized by this institution.