Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
NORTHERN POLICE DISTRICT
Tanigue Street, Corner Dagat-Dagatan Avenue, Caloocan City

DIDMD
MEMORANDUM

FOR : District Director, NPD

SUBJECT : Pre-Charge Investigation Report against PSSg Aires

Manansala and Eighteen (18) Others for Grave Neglect of
Duty - Failure to attend Court Duty for the January 2019

DATE : December 11, 2019

I. AUTHORITY:

1. References:
a. Certification prepared and verified by PCpl Edmer G Santos, Admin
PNCO and PCMS Raul A Agripa, E- Subpoena Court Processor;
b. E-Supoena Database Report for the January 2019;
c. NAPOLCOM Memorandum Circular No. 2016-002 and
d. Other pertinent documents.

II. MATTERS TO BE INVESTIGATED:

2. Whether or not probable cause exist to warrant the filing of Administrative

Case against the following PNCOs for Grave Neglect of Duty – Failure to appear and
testify in Court for January 2019, as defined and penalized under NAPOLCOM
Memorandum Circular N0. 2016-002.

Present
RANK/NAME
Assignment
PSSg AIRES MANANSALA
PSSg AIRES V MANANSALA
PSSg AIRES V MANANSALA
PSSg AIRES V MANANSALA
PSSg AIRES V MANANSALA
PSSg JERRY BASUNGIT
PSSg JERRY BASUNGIT
PSSg JERRY G BASUNGIT
PSSg JERRY G BASUNGIT
Date of
Criminal Case No.
Hearing
DPRMD Friday January 4, 2019 08:30 AM 18-899-MAL, 18-900-
MAL, 18-901-MAL
DPRMD Tuesday January 15, 2019 08:30 CR 18-691-MAL
AM RTC Branch 291 Malabon, NCR
DPRMD Tuesday January 29, 2019 08:30 CR 18-749-MAL
AM RTC Branch 291 Malabon, NCR
DPRMD Tuesday January 29, 2019 08:30 CR 18-758-MAL, CR
AM RTC Branch 291 Malabon, NCR 18-759-MAL, CR 18-
760-MAL
DPRMD Thursday January 31, 2019 08:30 CR 18-173-MAL
AM RTC Branch 291 Malabon, NCR
MCPS Friday January 4, 2019 08:30 AM 18-896-MAL, 18-897-
RTC Branch 290 Malabon, NCR MAL
MCPS Wednesday January 16, 2019 08:30 18-896-MAL, 18-897-
AM RTC Branch 290 Malabon, NCR MAL
MCPS Thursday January 17, 2019 08:30 CR 18-686-MAL
AM RTC Branch 291 Malabon, NCR
MCPS Thursday January 31, 2019 08:30 CR 18-785-MAL, CR
AM RTC Branch 291 Malabon, NCR 18-786-MAL
PSSg JERRY G BASUNGIT
PSSg WILLIE DC CASTRO
PSSg WILLIE DC CASTRO
PSSg JOHNNY ROY CAMFOLI
MCPS Thursday January 31, 2019 08:30 CR 18-785-MAL, CR
AM RTC Branch 291 Malabon, NCR 18-786-MAL
DTEU Tuesday January 8, 2019 08:30 AM CR 18-601-MAL
RTC Branch 291 Malabon, NCR
DTEU Thursday January 10, 2019 08:30 CR 18-659-MAL
AM RTC Branch 291 Malabon, NCR
MCPS Friday January 4, 2019 08:30 AM 18-899-MAL, 18-900-
RTC Branch 290 Malabon, NCR MAL, 18-901-MAL

PCpl ROLANDO ANINIPOT JR. DISMISSED SO# Thursday January 31, 2019 08:30 15-1424-MN
3836 NCRPO AM RTC Branch 170 Malabon, NCR
01/19/2018
PCpl MANUEL ATIBAGOS JR. MCPS Wednesday January 23, 2019 08:30 18-156-MAL, 18-157-
AM RTC Branch 290 Malabon, NCR MAL
PCpl ERNIEL JAY CANTOS MCPS Wednesday January 9, 2019 08:30 16-1601-MAL, 16-
AM RTC Branch 290 Malabon, NCR 1602-MAL
PCpl JESUS A CORTEZ DTEU Thursday January 31, 2019 08:30 CR 18-782-MAL
AM RTC Branch 291 Malabon, NCR
PCpl RONNIE K DUMANGENG MCPS Tuesday January 29, 2019 08:30 CR 18-043-MAL, CR
AM RTC Branch 291 Malabon, NCR 18-044-MAL
PCpl ELMER GARCIA DPIOU Friday January 4, 2019 08:30 AM 18-727-MAL
RTC Branch 290 Malabon, NCR
PCpl JOHN MICHAEL LUMANOG MCPS Thursday January 10, 2019 08:30 CR 18-635-MAL
AM RTC Branch 291 Malabon, NCR
PCpl RONNIE PEROCHO MCPS Wednesday January 23, 2019 08:30 18-806-MAL
AM RTC Branch 290 Malabon, NCR
PCpl JOSEPH RYAN A ROMANO MCPS Tuesday January 29, 2019 08:30 CR 18-043-MAL, CR
AM RTC Branch 291 Malabon, NCR 18-044-MAL
PCpl ODRA NOEL AFALLA MCPS Thursday January 31, 2019 08:30 15-1424-MN
AM RTC Branch 170 Malabon, NCR
PCpl RYAN ULAT MCPS Wednesday January 23, 2019 08:30 18-806-MAL
AM RTC Branch 290 Malabon, NCR
PCpl JEMBHONG C SANCHEZ DTEU Thursday January 31, 2019 08:30 CR 18-782-MAL
AM RTC Branch 291 Malabon, NCR
Pat BENEDICT SENORES MCPS Friday January 4, 2019 08:30 AM 18-899-MAL, 18-900-
RTC Branch 290 Malabon, NCR MAL, 18-901-MAL
Pat BENEDICT SENORES MCPS Wednesday January 9, 2019 08:30 18-851-MAL, 18-852-
AM RTC Branch 290 Malabon, NCR MAL
Pat BENEDICT SENORES MCPS Tuesday January 22, 2019 08:30 18-899-MAL, 18-900-
AM RTC Branch 290 Malabon, NCR MAL, 18-901-MAL
Pat BENEDICT SENORES MCPS Tuesday January 22, 2019 08:30 18-851-MAL, 18-852-
AM RTC Branch 290 Malabon, NCR MAL
Pat JAYSON SADDUL REASSIGNED TO Thursday January 10, 2019 08:30 CR 18-608-MAL
RPHAU SO# AM RTC Branch 291 Malabon, NCR
2019-4476 dtd
08/19/2019
Pat JAYSON SADDUL AHS Thursday January 31, 2019 08:30 CR 18-608-MAL
AM RTC Branch 291 Malabon, NCR

III. FACTS OF THE CASE:

3. This office received a Certification prepared and verified by PCpl Edmer G

Santos, Admin PNCO and PCMS Raul A Agripa, E- Subpoena Court Processor that the
above-named PNCOs were marked Not Attended on the scheduled court hearing/s for
the month of January 2019.
IV. DISCUSSION:

4. This Office immediately sent summonses against the above-named

PNCOs and ordered them to submit their explanations. Consequently, the following
were their respective explanation/counter affidavit, to wit:

a. PSSg Aires V Manansala whom have numerous instances wherein he

failed to attend Court hearing expressly categorized his Answer on each and every
phase as follows;

 On January 29, 2019, 8:30 AM scheduled hearing for Criminal Case

No. 18-758-MAL , 18-759-MAL and 18-760-MAL before Malabon City
Regional Trial Court Branch 291, he claimed that he was not notified
nor had received E-subpoena intended on the said date of hearing,
thus, lately it was acknowledged by PCINSP LOURDELIZA M GURAL-
CEJES RCH (RCLO 7) . He manifested that his participation was
merely stipulation of facts as he was the investigator of the case and he
depose that according to the order issued by the court his presence is
no longer required and it shall not be a ground for dismissal or acquittal
of the case. Further, he assured that said case has been tried and
heard in Court and that he will conform with the Court if his presence is
warranted to testify. He submitted photocopy of remarks/feedback
extracted from the E-Subpoena Data Base System, Certified true Copy
of Certificate of Appearance and Certified true Copy of Order of the
Court.

 On January 29, 2019, 8:30 AM scheduled hearing for Criminal Case

No. 18-749-MAL before Malabon City Regional Trial Court Branch 291,
he claimed that he was not notified nor had received E-subpoena
intended on the said date of hearing, thus, lately it was acknowledged
by PCINSP JOCELYN BELEN JULIAN (CLG) . He manifested that his
participation was merely stipulation of facts as he was the investigator
of the case and he depose that according to the order issued by the
court his presence is no longer required and it shall not be a ground for
dismissal or acquittal of the case. Further, he assured that said case
has been tried and heard in Court and that he will conform with the
Court if his presence is warranted to testify. He submitted photocopy of
remarks/feedback extracted from the E-Subpoena Data Base System,
Certified true Copy of Certificate of Appearance and Certified true Copy
of Order of the Court.

 On January 15, 2019, 8:30 AM scheduled hearing for Criminal Case

No. 18-691-MAL before Malabon City Regional Trial Court Branch 291,
he claimed that he was not notified nor had received E-subpoena
intended on the said date of hearing, thus, lately it was acknowledged
by PCINSP ALEJANDRO C DE GUZMAN (CLG). He manifested that
his participation was merely stipulation of facts as he was the
investigator of the case and he depose that according to the order
issued by the court his presence is no longer required and it shall not be
a ground for dismissal or acquittal of the case. Further, he assured that
said case has been tried and heard in Court and that he will conform
with the Court if his presence is warranted to testify. He submitted
photocopy of remarks/feedback extracted from the E-Subpoena Data
Base System, Certified true Copy of Certificate of Appearance and
Certified true Copy of Joint Order of the Court.
  On January 4, 2019, 8:30 AM scheduled hearing for Criminal Case No.
18-899-MAL, 18-900_MAL and 18-901-MAL before Malabon City
Regional Trial Court Branch 290, he claimed that ON December 14,
2019 his testimony has already been stipulated by the agreement of
both parties as he was the investigator-on-case. He manifested that he
is not a material witness in the cases and that the court stated by the
certificate of appearance that he is no longer required to appear during
the next scheduled hearings. He proffered Certificate of Appearance.

 On January 31, 2019, 8:30 AM scheduled hearing for Criminal Case

No. 18-173-MAL (18-783-MAL) before Malabon City Regional Trial
Court Branch 291, he claimed that in spite of his diligent effort to verify
his scheduled hearing It turned out the it was acknowledge late on May
7, 2019, 8:44 AM, wherein the trial was already done. He manifested
that his participation was merely stipulation of facts as he was the
investigator of the case and he depose that according to the order
issued by the court his presence is no longer required and it shall not be
a ground for dismissal or acquittal of the case. Further, he assured that
said case has been tried and heard in Court and that he will conform
with the Court if his presence is warranted to testify. He submitted
photocopy of remarks/feedback extracted from the E-Subpoena Data
Base System, Certified true Copy of Certificate of Appearance and
Certified true Copy of Joint Order of the Court.
.
b. PSSg Jerry G Basungit in his explanation for his various alleged
deficiencies are as follows:

 First, that the January 4, 2019 8:30 hearing with criminal case number
18-896-MAL has been reset considering that the Public prosecutor was
unavailable and he need not to appear, whereas, the January 16
hearing with the same criminal case mentioned, he was not able to
attend for he has not received any subpoena or information thereof.
Hence, he was able to monitor that the case is still on trial and the next
hearing is scheduled on February 20, 2019 wherein he has been
stipulated in court.

 Second, that he was not informed or did not receive subpoena on the
January 17, 2019 with a criminal case number 18-686-MAL hearing
which cause he absence. Hence, he was able to attend the
subsequent hearings wherein on March 21, 2019 he has already been
stipulated in the court and need not to appear anymore.

 Finally, Hearing on January 31, 2019 with criminal case number 18-
785-MAL, he was also not informed or did not receive subpoena which
cause he absence. Thus, he also attended the succeeding hearing
wherein Accused on case entered a guilty plea whereof he was no
longer needed to appear for the proceeding hearings.

 In view of the foregoing, He proffered pertinent documents for his

relief.

c. PSSg Willie DC Castro vehemently deposes that:

 He admits that he did not attend the January 18, 2019 hearing with a
criminal case number 18-601-MAL for he has attended another trial in
the same date of which he is also the witness., hence, he was able to
 attend in the succeeding hearings of the aforementioned hearing
wherein he was stipulated on March 5, 2019 and deemed no longer
required to appear in court.

 He also admits that he did not appear in court for the Criminal Case
number 18-659-MAL dated January 10, 2019 for he was not informed
nor given any subpoena for the case. Thus, he also attended the
subsequent hearings and was stipulated on March 14, 2019 wherein
he is no longer required to appear before the court.

 In view of the foregoing, he submits his pieces of evidence for his

merit.

d. PCpl Odra Noel Afalla submits his explanation and concedes that he was
not able to attend the hearing held on January 31, 2019 with a Criminal case number
15-1424-MN for he has suffered from hypertension. Hence the case was still on trial and
that he was able to attend all the succeeding scheduled hearings. He presented
documents to attest his contention.

e. PCpl Manuel B Atibagos expressed in his explanation that he admits that

he did not attend the January 23, 2019 hearing with a criminal case number 18-156-
MAL and 18-457-MAL for he has attended another trial in the same date of which he is
also the witness., hence, he was able to attend in the succeeding hearings of the
aforementioned hearing. He submits his pieces of evidence for his merit.

f. PSSg Johnny Roy Camfoli confidently deposes that he is not required to

appear on the hearing of the criminal case number 18-899-MAL, 18-157-MAL, 18-901-
MAL dated January 4, 2019 due to the Public Prosecutor is on official leave, further, the
accused on the case has already plead guilty and his presence is not required anymore.
He presented documents to attest his contention.

g. PCpl Erniel Cantos states in his explanation that he did not appear on
the January 9, 2019 trial with a criminal case number 16-1601-MAL and 16-1602-MAL
for the Public City Prosecutor is unavailable, also, he stated that the case was already
dismissed because of the death of the accused. Hence there will no longer be a
continuity of the trial.

h. PCpl Jesus Cortez and Pcpl Jembhong Sanchez expressed in their

Joint Affidavit that they indeed were not able to attend the hearing on January 31, 2019
with criminal case number 18-782-MAL, however, prior to the hearing they submitted a
letter of request for the rescheduling of the hearing for they will be undergoing a
promotional board interview on the same date. Thus, the letter was received by the
court and form part of their evidence.

i. PCpl Elmer V Garcia in his explanation stated that he need not to appear
to the said hearing on January 4, 2019 with a Criminal case no. 18-727-MAL for the
Public Prosecutor is unavailable at the said date. Thus, On March 13, 2019 and May 24,
2019 he has already imparted his testimony to the open court, moreover, the case is still
pending. He proffered a Certificate of Appearance as part of his evidence.

j. PCpl Ronnie Dumangeng deposes that there has been no records

shown from the E-Subpoena of the hearing that held on January 29, 2019 with a
criminal case number 18-403-MAL, 18-044-MAL which caused his non-appearance to
the court. However, he was able to attend all the succeeding hearings thereof. He
presented documents to attest his contention.
 k. PCpl John Michael Lumanog admitted that he was not able to attend the
hearing on January 10, 2019 with a criminal case number 18-635-MAL for he was
detailed at the Black Nazarene event. Hence, he notified the court for this matter. He
presented an order form the court as part of his proof for his claims.

l. PCpl Ronnie Perocho expressed in his explanation that he admits that

he did not attend the January 23, 2019 hearing with a criminal case number 18-806-
MAL for he has attended another trial in the same date of which he is also the witness.,
hence, he was able to attend in the succeeding hearings of the aforementioned hearing,
further, accused on the case has already plead guilty thus his presence is no longer
considered in the trial.

m. PCpl Joseph Ryan Romano asserts that he has not received any
subpoena regarding the January 29, 2018 hearing with a criminal case number 18-044-
MAL. Nonetheless, he asked the court on the next schedule of the hearing, wherein, he
attended all the succeeding hearings. He attached all his proofs for his relief.

n. Pat Benedict Senores deposes that his failure to attend the court hearing
on January, 4,9 and 22, 2019 with criminal case number 18-899-MAL,18-900 MAL, 18-
901-MAL was due to his suspension from service of which he impliedly state that he has
not received any subpoena for the trial, thus his absence on all the foregoing cases. He
attached all his pertinent documents for his contention.

o. PCpl Ryan Ulat submitted his explanation which expressed that he was
not able to attend the January 23, 2019 hearing with a criminal case number 18-806-
MAL for he is attending an inquest proceeding for a different case. Hence attached his
Inquest Resolution

p. Respondents Pat Rolando Aninipot Jr and Pat Jayson Saddul did not
report nor give explanation for the administrative offense imputed against them. Trace
from the records that Pat Rolando Aninipot Jr was already separated from the PNP
service, whereas, Pat Jayson Saddul was reassigned to RPHAU on August 19, 2019
and submitted no explanation or notice.

q. The above-named respondents proffered with prudent defense would

have a clear showing for a position and with encompassing consideration in their favor.
There is a clear showing that the submissive respondents in this instant case have
shown regularity in handling the case brought to prosecution. Respondents PSSg Aires
Manansala, PSSg Jerty Basungit, PSSg Willie Castro, Pcpl Odra Noel Afalla, PCpl
Manuel Atibagos Jr., PSSg Johnny Roy Camfoli, PCpl Erniel Cantos, PCpl Jesus
Cortez, PCpl Ronnie Dumangeng, PCpl Elmer Garcia, PCpl John Lumanog, PCpl
Ronnie Perocho, PCpl Joseph Romano, PCpl Jembhong Sanchez, Pat Benedict
Senores, PCpl Ryan Ulat had shown and proved their sincerity in doing their duty in
court. Not all remiss for a single court hearing could be equated to grave neglect of
duty. The outcome and the entire gamut in handling a case before the court reckoned
the accountability of a Police Officer in representation of cases. Absence in court as
long as it is justified by the respondent in court and eventually granted and it did not
disrupt the proceeding, it could have sans to neglect of duty. In the case of Office of the
Ombudsman vs Samson De Leon February 27, 2013, G.R. No. 154083, it was held that
gross negligence refers to negligence characterized by the want of even slight
care, or by acting or omitting to act in a situation where there is a duty to act, not
inadvertently but wilfully and intentionally, with a conscious indifference to the
consequences, insofar as other persons may be affected. The effort of the
respondents after learning of schedule hearing and immediately cope up the
subsequent hearing substantially cure the infraction.
 r. Respondent Pat Rolando Aninipot Jr cannot longer be charge
administratively for he was already dismissed from the service, thus, when proven guilty
of the charge imputed against him it’s effect will be futile for he is no longer in the
service. Whereas, it is of not uncommon that the gravest penalty in an administrative
case is the separation of the respondent from service and the respondent herein was
already separated. Therefore imposing of penalty is unnecessary and is subject to the
approval of the Higher Commands.

s. Respondent Pat Jayson Saddul non-submission of his explanation

substantially means the waiver of his right to defend himself, thus, he has no possible
justification for the offense charged against him.

V. RECOMMENDATION:

5. The herein signatories resolved to recommend the cases against PSSg

Aires Manansala, PSSg Jerty Basungit, PSSg Willie Castro, Pcpl Odra Noel Afalla,
PCpl Manuel Atibagos Jr., PSSg Johnny Roy Camfoli, PCpl Erniel Cantos, PCpl
Jesus Cortez, PCpl Ronnie Dumangeng, PCpl Elmer Garcia, PCpl John Lumanog,
PCpl Ronnie Perocho, PCpl Joseph Romano, PCpl Jembhong Sanchez, Pat
Benedict Senores, PCpl Ryan Ulat be Dropped and Closed for lack of probable
cause.

6. The herein signatories resolved to recommend that the cases against

Pat Jayson Saddul for Grave Neglect of Duty - Failure to Appear and Testify in Court
for the year January 2019 be elevated for Summary Hearing Proceedings.

7. The herein signatories also resolved to recommend that the case against
Pat Rolando Aninipot Jr be referred to Regional Investigation & Detective
Management Division (RIDMD) for proper disposition.

Recommended by:

Jeryll Byron P Melad

Police Corporal
Pre-Charge Evaluator

Reviewed by:

Edmer G Santos
Police Corporal
Admin PNCO/e-Subpoena

Reymel A Villanueva
Police Master Sergeant
Supervisor, Pre-charge Section
 Noted by:

ROMMEL C LABALAN
Police Major
Chief, DIDMD
Approved/Disapproved:

RONALDO GENARO E YLAGAN

Police Brigadier General
District Director