Republic of the Philippines

NATIONAL POLICE COMISSION

PHILIPPINE NATIONAL POLICE
LANAO DEL SUR POLICE PROVINCIAL OFFICE ARMM
TAGOLOAN MUNICIPAL POLICE STATION
Brgy.Kianibong, Tagoloan, Lanaodel Sur

Philippine National Police

Complainant.
Administrative Case
No. 016-06-2019

-versus- For: Simple Neglect of Duty

PEMS Ibrahim S Cauring

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

REPORT OF INVESTIGATION/RESOLUTION

I. PRELIMINARY STATEMENT

1. Brief statement of the case:

On June 24, 2019, a case of Simple Neglect of Duty was filed by the office of
Provincial Investigation & Detective Management Branch (PIDMB), Lanao Del Sur
Police Provincial Office (LDSPPO) against the respondent PEMS Ibrahim S Cauring
member of Malabang Municipal Police Station.

This Admin Case was first handled by PCPT Captain Dante O Gatasi as he was
designated as Summary Hearing Officer, but due to unexpected severe health problem
that he suffered, the undersigned immediately took-over as Summary Hearing Officer
on October 21, 2019 as provided by the Memorandum from the Provincial Summary
Hearing Chairman dated October 18, 2019 along with the entire case record of PEMS
Ibrahim S Cauring for Violation of Rule 21, Sec. 2(A) sub para 1(t) NAPOLCOM
Memorandum Circular No. 2016-002 (Simple Neglect of Duty).and before the conduct of
Summary Dismissal Proceedings, both parties were duly informed by the rules on the
proceedings.

2. Brief statement of the procedural matters undertaken such as:

a. Summon was issued to the respondent;

b. Notices were sent to both parties for pre-hearing;

c. Both parties were informed that they may dispense with the conduct of
summary hearing and instead submit their respective memoranda or position papers
within ten (10) days from the pre-hearing conference and if both parties agree, they will
require to sign an agreement to dispense with the hearing proper and the case will be
resolve base on the position paper they will be submitted within twelve (12) days from
date of the receipt of position paper and both parties agreed to do so.

d. Appearance of parties and pre-hearing conference was conducted atTagoloan

Municipal Police Station, TagoloanLanao Del Sur onOctober 30, 2019 at 8:00 AM.

e. Both parties agreedto dispense Summary Hearing Proceedings Hearing

instead, submitted their own position paper.

II. STATEMENT OF THE CASE

A. Complainant’s account

At the Pre-Charge Evaluation Report, on May 13, 2019, a shooting incident was
transpired at Ganassi, Lanao Del Sur wherein, during that date, PEMS Ibrahim S
Cauring was designated as Deputy Chief of Police of Ganassi. On June 2, 2019, during
the meeting at Marawi City Hall Conference room, the Provincial Director, PCOL
Madzgani M Mukaram verbally instructed the respondent to give an updates regarding
the status of the four (4) minor victims on the said shooting incident. Then on June 5,
another instruction for the respondent was made from PIDMB at the verbal instruction of
PLTCOL Richard Adonis J Habawel with the same context as to the verbal instruction of
PD LDSPPO but it was in the form of Memorandum addressed to Deputy COP of
Ganassi MPS, but then, there was no response from the respondent.

Through the PIDMB assessment and evaluation on respondent action, there was
indeed negligence on his part andthere was a prima facie evidence to indict respondent
for “Simple Neglect of Duty”

In support of the charge, the prosecution submitted and marked the following
documentary exhibits:

1. EXHIBIT “A” – Progress Report re: Shooting Incident

2. EXHIBIT “B” – Memo from DPDO, LDSPPO addressed to

respondent

3. EXHIBIT “C” – Pre-Charge Evaluation Report

4. EXHIBIT “D” – Charge Sheet

5. EXHIBIT “E” –Certificate of Non-Forum Shopping

B. Respondent’s version

Respondent on the other hand argued that he could not be held liable as charged
claiming that he did not commit such offense but rather a question whether or not the
designation of herein respondent as Deputy Chief of Police that issued by the Acting
Chief of Police of Ganassi is valid without the conformity of the Provincial Director of
Lanao Del Sur PPO and further he states on his Sworn Statement that;

The Respondent was deployed atBararao, TalioganElementay School,

TalioganGanassi, Lanao Del Sur due to conflict of interest during the shooting incident
whereinCPT William O Dagondon Jr. was designated as Acting COP of Ganassi MPS in
which, said designation was terminated effective May 14, 2019. Neglect of duty and this
kind of unavoidable oversight do happened in the PNP especially when there is a
supervening event such as National and Local Election involved and as a matter of
consequence subject PNP personnel fail to conform to the standard operating
procedure so as to avoid being tagged as stubborn, inept and malinger.

Respondentclarify that during the time that he was not able to prepare and
submit properly written report within a prescribed period regarding the shooting incident
that transpired on May 13, 2019, on his AOR, he was reporting for duty as deployed
personnel at polling center located at Paraba Elementary School, GanassiLanao Del
Sur.

He further averred 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
GanassiMPS before he was terminated on May 14, 2019 by Provincial Director
Madzgani M Mukaram and replaced by PLT Darwin L Jamanulla as Officer In-Charge
effective May 14, 2019 in which case, respondent was no longer designated as Deputy
Chief of Police of GanassiMPS.

Through his counter affidavit, he also pointed out that office order that comes
from the Acting COP PCPTDagondon with office order no. 2019-002 dated March 26,
2019 as respondent additional duties and responsibilities which under the law is
considered redundancy due to duplication of the designation of Chief of Police such as
“Acting Chief of Police designated his Deputy Chief of Police”.

That he did not commit violation of Rule 21, Sec 2(A) sub para 1(t) of
NAPOLCOM MC No. 2016-002 (Simple Neglect of Duty).

To form part of his evidence, respondent’s submitted his documentary exhibits

marked as:

1. EXHIBIT “1” – Counter Affidavit

2. EXHIBIT “2” – Memorandum from PCPT William O Dagondon,

COP Ganassi MPS

3. EXHIBIT “3” – Termination Order signed by PD LDSPPO

4. EXHIBIT “4” – Termination Order signed by PCPT William O

Dagondon, COP Ganassi MPS

5. EXHIBIT “5” – Reassignment Order signed by PD LDSPPO

 6. EXHIBIT “6” – Memorandum from PCPT William O Dagondon,
COP, Ganassi MPS
7. EXHIBIT “7” – Detail of Personnel of Ganassi MPS for May 13,
2019 election (page 1)

8. EXHIBIT “8” - (Page 2 of exhibit 7)

9. EXHIBIT “9” – Photo of PEMS Cauring and other personnel at

polling center

III. ISSUE/S TO BE RESOLVED:

The issue to be resolved is whether or not PEMS Ibrahim S Cauring is guilty of

Simple Neglect of Duty.

IV. EVALUATION OF THE CASE:

After careful perusal of the pieces of evidence submitted by the parties, the
undersigned Summary Hearing Officer is morally convinced that the arguments of
Complainant is meritorious as against the arguments of the Respondent.

As stated in the Charge Sheet and Pre-Charge and Evaluation Report,

Respondent was charge with Simple Neglect of Duty under Rule 21, Sec 2(A) sub para
1(t) of NAPOLCOM Memorandum Circular No. 2016-002 due to negligence or for failure
toprepare and submit properly written report/updates within the prescribed period
regarding the shooting incident that transpired at BrgyMacabao, GanassiLanao Del Sur
last May 13, 2019.

Records shows that there was indeed negligence on the part of the Respondent
when he was not able to follow instruction from the Provincial Director which considered
to be “lawful order” as it was connected with the shooting incident that transpired within
Respondent’s Area of Responsibility that requires police intervention and immediate
action.

The task being given to the Respondent by the Provincial director may described
as not suitable for the Deputy COP of Ganassi to do so as he was not the Investigator
On-Case for the said shooting incident or not even a Chief of Police but somehow, the
Respondent’s has to used his own initiative by conveying the said instruction of PD to
the investigator of that particular incident or to his Chief of Police.

Inquiry was made by the Summary Hearing Officer as to whether or not the
Respondent conveyed the instruction of Provincial Director to the Investigator On-Case
or even to his Chief of Police but the former two (2) COP of Ganassi MPS, CAPT
Dagondon and PLT Jamunalla and their Investigator confirmed to the undersigned that
Respondent did not say anything about the instruction of Provincial Director.

The defense of the Respondent may be considered valid as he stated through

his Affidavit together with the duty detail during May 13, 2019 MNLE and a picture that
he was there at the polling center but he has so much time to do it by conveying the
instruction of PD to the Investigator On-Case or his COP and the issue of redundancy
or duplication of his designation was not a valid reason for him not to follow lawful order.

V. FINDINGS/CONCLUSION:

The verbal instruction of the Provincial Director and the Memorandum of Deputy
Provincial Director for Operation of LDSPPO to the Respondentwhich did not comply by
the latter is a substantial evidence to warrant the imposition of Administrative Penalty,
there is basis to hold respondent liable of the offense charged. Pursuant toRule 21, Sec.
2(A) sub para 1(t) NAPOLCOM Memorandum Circular No. 2016-002 (Simple Neglect of
Duty).

Base on the appreciation of the Summary Hearing Officer, the Respondent failed
to prove that he is not liable on the case filed against him. From this, it would simply
mean that due process were observed but the amount of evidence being presented by
the Respondent are not enough to convince the Summary Hearing Officer that he is not
liable of the offense as charged.

VI. RECOMMENDATION:

WHEREFORE, foregoing premises considered, the undersigned

Summary Hearing Officer recommends that Respondent, PEMS Ibrahim S Cauringbe
guilty of offense charged. Pursuant toRule 21, Sec. 2(A) sub para 1(t) NAPOLCOM
Memorandum Circular No. 2016-002 (Simple Neglect of Duty).

Done this ____ of February 2020,Tagoloan Municipal Police Station,

Tagoloan,LanaoDelSur.

CRISANTO TABOR BAGADIONG

Police Major
Summary Hearing Officer