Republic of the Philippines

NATIONAL POLICE COMMISSION

NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF-PNP
Camp BGen Rafael T. Crame, Quezon City

Philippine National Police, Administrative Case Number

Complainant, RIAS9-MPI1-2019-011

-versus- for

PSSG FREDDIE N. CARIÑO Conduct Unbecoming of a

respondent, Police Officer
x------------------------------------/

MOTION FOR RECONSIDERATION

COMES NOW, the Respondent, PSSG FREDDIE N. CARIÑO,

unto this Honorable Office, most respectfully files this MOTION FOR
RECONSIDERATION on the Decision dated January 27, 2020, and states
and alleges: THAT-

1. The Respondent, PSSG FREDDIE N. CARIÑO, received a copy of

the DECISION of this Honorable Office on March 24, 2020;
2. The Dispositive Portion of the DECISION, stated:

“WHEREFORE, premises considered, PSSG FREDDIE N.

CARIÑO is found GUILTY of Conduct Unbecoming of a Police
Officer and he is hereby meted the penalty of DISMISSAL FROM
THE SERVICE.

SO ORDERED.”

3. Under Memorandum Circular No. 2016-002, or the REVISED

RULES OF PROCEDURE BEFORE THE ADMINISTRATIVE
DISCIPLINARY AUTHORITIES AND THE INTERNAL AFFAIRS
SERVICE OF THE PHILIPPINE NATIONAL POLICE, the
1|Page MOTION FOR RECONSIDERATION
Admin Case No. RIAS9-MPI1-2019-011 for Conduct Unbecoming of a
Police Officer
 aggrieved party may file a Motion for Reconsideration within ten (10)
days from receipt of the said Decision;

4. Under Rule 17, in Section 20, it stated thus,

Section 20. Motion for Reconsideration. – The party

adversely affected may file a motion for reconsideration
from the decision rendered by the disciplinary authority
within ten (10) days from receipt of a copy of the
decision on the following grounds:

a. Newly discovered evidence which, if presented, would

materially
affect the decision rendered; or
b. Errors of law or irregularities have been committed
prejudicial to the substantial rights and interest of the
movant; or
c. The decision is not supported by the evidence on record.

A motion for extension of time to file a motion for

reconsideration shall not be allowed.

The filing of a timely motion for reconsideration

shall stay the implementation of the decision sought to be
reconsidered. Only one (1) motion for reconsideration
shall be allowed and the same shall be considered and
decided by the Disciplinary Authority within fifteen (15)
days from receipt thereof.

5. Hence this timely MOTION FOR RECONSIDERATION.

2|Page MOTION FOR RECONSIDERATION

Admin Case No. RIAS9-MPI1-2019-011 for Conduct Unbecoming of a
Police Officer
 THE DECISION IS NOT SUPPORTED
BY THE EVIDENCE ON RECORD.

6. The DECISION rendered is not supported by the evidence on record.

A portion of the Decision reads as follows:

“His act falls within the realm of Conduct Unbecoming

of a Police Officer which is defined as “any act or
behavior of a police officer, irrespective of rank, done in
his official or private capacity which, in dishonouring or
disgracing himself as a police officer, seriously
compromises his character and standing in the PNP in
such a manner as to indicate vitiated or corrupt state of
moral character which shows his unworthiness to remain
in the police service. (references supplied) The
respondent’s act of firing at Christine’s house which
caused the death of the latter’s grandmother violated the
norms and conduct of police service. In so doing, he
committed conduct unbecoming of a PNP personnel,
which tarnished the very image and integrity of the
organization.”

7. With due respect, the respondent hereby moves for the reconsideration
of the said DECISION because the pronouncement made in the
DECISION is not supported by any of the evidence on record;

8. First, the said act of firing at the complainant’s house is not supported
by any of the testimonial and physical evidence. The complainant and
his witnesses merely alleged that they heard a gunfire. Their
testimonies showed that they did not actually see the respondent firing
a gun towards the house. They merely assumed that it was the

3|Page MOTION FOR RECONSIDERATION

Admin Case No. RIAS9-MPI1-2019-011 for Conduct Unbecoming of a
Police Officer
 respondent who fired a gun at their house. Nothing in the records
would successfully prove that the respondent fired a gun on that night
of the alleged incident.

9. What is more glaring is that the physical evidence did not corroborate
the allegations in the testimonies of the complainant and his
witnesses. Evidence on record would show that the respondent never
fired a gun. He himself stated that he did not fire a gun. His witnesses
provided for an accurate detail of his whereabouts the night of the
incident. Corroborating this statement that he never fired a gun is the
physical and documentary evidences shown when he was subjected to
a paraffin test. The said paraffin test, in Chemistry Report No. C-
0442-2018, yielded negative, thus conclusively proving that he did not
fire a gun. Contrary to the allegations of the complainant, the physical
evidence factually proves the innocence of the respondent.

10. Moreover, the Regional Trial Court Branch 11 of Sindangan,

Zamboanga del Norte which handled the Criminal Case against the
Respondent had already dismissed the case against the respondent.
Attached in the Motion for Reconsideration is the ORDER issued by
RTC Judge Reymar Lacaya. This further strengthens the position of
the respondent of his innocence against the crime charged against
him. A copy of the Decision rendered by RTC Branch 11 issued on
February 8, 2019, is herewith attached and made an integral part of
this Motion for Reconsideration as Annex “A”;

11. In the said Decision rendered by RTC Branch 11, it stated thus:

“WHEREFORE, upon motion of the prosecution and without

objection from the accused, the case is DISMISSED on the
grounds of lack of interest on the part of the private offended

4|Page MOTION FOR RECONSIDERATION

Admin Case No. RIAS9-MPI1-2019-011 for Conduct Unbecoming of a
Police Officer
 parties and for lack of evidence to prove the guilt of the
accused beyond reasonable doubt.” (emphasis supplied)

12. All these circumstances would duly prove that the respondent is
innocent of the crime alleged. Also, these circumstances would show
that the Decision rendered herein by this Honorable Office is not
supported by the evidences proffered by the complainant nor of any
evidence on record. The complainant merely alleged that it was the
respondent who fired a gun during the time and date of the alleged
incident. Yet, this allegation was not duly supported nor corroborated
by any of the physical evidence on record.

13.A sound Decision should be rendered based on the evidences on

record. Although respondent agrees to the pronouncement of the
Court that a negative paraffin test result is not a conclusive proof that
a person has not fired a gun, but it would also indicate the truth that
respondent never fired his gun or any gun for that matter on that
fateful night of the incident. A negative paraffin test would also show
and corroborate that he never fired a gun. This physical evidence
would corroborate his testimony and that of the testimonies of his
witnesses. Hence, any Decision to be rendered must be anchored on
the factual evidence at hand and not on conjectures or suppositions.

14. Furthermore, the respondent has been serving the Philippine National
Police for twelve (12) years now. He has been a decorated police
officer during the time he rendered service up until now. He has
received several awards with his dedication and service. Respondent
is herewith attaching his awards and other documents showing his
dedication to the service as Annex “B” with sub-exhibits.

5|Page MOTION FOR RECONSIDERATION

Admin Case No. RIAS9-MPI1-2019-011 for Conduct Unbecoming of a
Police Officer
 PRAYER

WHEREFORE, premises considered, Respondent is seeking for a

reversal of the Decision rendered by this Honorable Office on January 27,
2020, and prays for the immediate dismissal of the case based on lack of
evidence and other causes.

Other just and equitable remedies are also prayed for.

Sindangan, (for Zamboanga City) Zamboanga del Norte. March

30, 2020.

PSSg FREDDIE N. CARIÑO

Affiant/Movant

SUBSCRIBED AND SWORN TO before me this _______ day of

March, 2020 in _______________________________.

CERTIFICATION
A copy of this MOTION FOR RECONSIDERATION has been
furnished to the complainant through substituted service as herein shown:

SEGUNDO CRUDA RUIZ JR

Datu Tangkilan, Sindangan, Zamboanga del Norte
Date:
Registry No.:

6|Page MOTION FOR RECONSIDERATION

Admin Case No. RIAS9-MPI1-2019-011 for Conduct Unbecoming of a
Police Officer
Republic of the Philippines )
___________________________________ ) S.S.
______________________________________)
X-------------------------------/

VERIFICATION AND CERTIFICATION

I, PSSg FREDDIE N. cariño, of legal age, Filipino, married, a

member of the Philippine National Police, and a resident of Datu
Tangkilan, Sindangan, Zamboanga del Norte, after having been
sworn to an oath in accordance with law, do hereby depose and say:

That I am the MOVANT in the above-entitled Motion for

Reconsideration. That I have caused the preparation and filing of this
instant Motion for Reconsideration; That I have supplied all the
allegations contained therein and I have read the same and that the
allegations are true and correct to my personal knowledge and
based on authentic documents and records.

That I hereby certify, under oath, that I have not commenced

any other action or proceeding involving the same issues in the
Supreme Court, Court of Appeals or any other tribunal or agency;
That to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, Court of Appeals or any other tribunal
or agency; and that if I should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme Court,
Court of Appeals or any other tribunal or agency, I undertake to report
that fact within five (5) days therefrom to this Honorable Court.

That I have furnished a copy of this Motion for Reconsideration

to the complainant’s address as stated and shown herein in this
Motion for Reconsideration.

IN WITNESS WHEREOF, I have hereunto set our hands this

___________________ at ________________________.

PSSg FREDDIE N. CARIÑO

Affiant

SUBSCRIBED AND SWORN to before me this

___________________________ at _____________________.

7|Page MOTION FOR RECONSIDERATION

Admin Case No. RIAS9-MPI1-2019-011 for Conduct Unbecoming of a
Police Officer