Republic of the Philippines

National Police Commission

PHILIPPINE NATIONAL POLICE
Sorsogon Police Provincial Office
PRIETO-DIAZ MUNICIPAL POLICE STATION
Prieto-Diaz, Sorsogon

MEMORANDUM

FOR : The Provincial Director

FROM : COP, Pto Diaz MPS

SUBJECT : Pre-Charge Investigation Report re: Simple Neglect

of Duty committed by SPO2 Anthony P Ebuenga, PO3
Richard J Carranza and PO2 Maria Sharon E Dionela

Date : December 3, 2018

______________________________________________________________

I. Authority :

a. Memorandum dated December 1, 2018 with subject;

Explanation;
b. NAPOLCOM Memorandum Circular 2016-002;

II. Matters to be Investigated:

c. To determine the facts and circumstances surrounding the

alleged administrative offenses committed by the subject PNCO’s at about 10:00
o’clock in the morning of December 1, 2018;

d. To determine if there are sufficient grounds to believe and

hold the subject PNP personnel administratively liable of the offenses charged
and to further determine the extent of their liabilities incurred;

III. Facts of the Case:

e) That on December 1, 2018, PO2 Maria Sharon E

Dionela and SPO2 Anthony P Ebuenga were detailed as station guard from eight
o’clock in the morning to ten o’clock in the morning (8:00 AM -10:00 AM). (a
copy of duty detail attached);

f) That SPO2 Anthony P Ebuenga, failed to render duty as

sentinel allegedly because at about 7:00 o’clock in the morning of December 1,
2018 he felt extreme stomach pain and cramps, diarrhea and he was also
vomiting. Allegedly, he took pain reliever but symptoms persisted and unbearable
and he was rushed to MetroHealth, Sorsogon City to seek immediate medical
attention without informing fist the chief of police of his predicaments. He was
diagnosed of having an acute gastroenteritis and recommended for some
laboratory examinations and subsequently given medication by the attending
physician.. (a copy of medical certificate and duly notarized affidavit of
explanation attached);
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 g) That in her affidavit, PO2 Maria Sharon E Dionela,
averred that she has no issued long firearm but before taking post she allegedly
look for a long firearm but she could not find any. She took post without carrying
long firearm and bandolier along with other personnel of this MPS who are not
detailed as sentinel for the period covered. (an affidavit of PO2 Dionela hereto
attached);

h) That due to the fact that the incoming sentinel (10:00 –

12:00AM) was helping in the cleaning of surroundings with other personnel lead
by the Chief of Police, PO2 Maria Sharon E Dionela, did not leave her post and
waited for the incoming station guard to take post and relieve her of responsibility
as station guard;

i) PO3 Carranza in his affidavit averred that he was not

the duty sentinel during the inspection conducted by the Provincial Director.
Further alleged that after helping in the clearing at the back portion of the station,
he prepared himself for possible dispatch anytime because he was the
designated station driver and his duty as station guard is from 12:00 PM to 2:00
PM of same date. He went down to fix himself and he noticed the arrival of the
Provincial Director and knowing that everybody was busy he approached and
welcomed him. (an affidavit of PO3 Carranza hereto attached)

j) That about 10:30 in the morning, PO2 Maria Sharon E

Dionela was caught by no less than the Provincial Director while performing
duty as Station Guard/sentinel without carrying a long firearm and bandolier and
PO3 Richard J Carranza on the other hand, approached and welcomed the
Provincial Director also without carrying a long firearm and bandolier.

IV. Discussion:

k) Based on the context, on August 22, 2018, the

Sorsogon PPO issued a memorandum with subject: Security Reminders and the
provincial director clearly directed all COP’s, OIC’s, Acting COP’s C/MPS,
particularly in para 3(k) which reads: Detail station guard should bring long
firearms (M16/M14) with bandolier at all times during his/her tour of duty.

l) That the Chief of Police of this MPS constantly

reminded all personnel of this MPS of the security reminders issued by that
headquarters during Police Information and Continuing Education and every time
he feels that it is appropriate to give his support and guidance.

V. Findings:

m) Based on the facts of the case, discussion and after

careful evaluation and assessment of evidence at hand, undersigned pre-charge
investigator arrived into a conclusion that indeed, SPO2 Anthony P Ebuenga has
committed Simple Neglect of Duty as stated in NAPOLCOM Memorandum
Circular 2016-002, rule 21 (a) Simple Neglect of Duty under paragraph (p) which
provides: “fail to report to his superior officer his inability or incapability to
report for duty, attend a conference, general inspection, or participate in an
operation”
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 n) PO2 Maria Sharon E Dionela for her failure to carry long
firearm and bandolier while performing duty as station guard has committed
Simple Neglect of Duty as stated in NAPOLCOM Memorandum Circular 2016-
002, rule 21 (a) Simple Neglect of Duty under paragraph (w) which provides:
“any other omission or refusal, without sufficient excuse to perform an act
or duty that is analogous to the foregoing”

o) PO3 Richard J Carranza, station driver, for being

complacent about the situation and failure to bring his issued long firearms while
on duty committed Simple Neglect of Duty as stated in NAPOLCOM
Memorandum Circular 2016-002, rule 21 (a) Simple Neglect of Duty under
paragraph (w) which provides: “any other omission or refusal, without
sufficient excuse to perform an act or duty that is analogous to the
foregoing”

VI. Recommendation:

p) WHEREFORE, premises considered, it is hereby

recommended that the respondents, SPO2 Anthony P Ebuenga, PO3 Richard J
Carranza and PO2 Maria Sharon E Dionela shall be charged administratively for
Simple Neglect of Duty.

Paulo D Jolo
Senior Police Officer 1
Investigator-On-Case

I concur with the findings and recommendation of the evaluator.

Johanes J Tayam
Senior Police Officer 3
Investigation PNCO

APPROVED/DISAPPROVED

ARWIN DREU DESTACAMENTO

Police Chief Inspector