Republic of the Philippine

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
Police Regional Office ARMM
LANAO DEL SUR POLICE PROVINCIAL OFFICE
Camp Bagong Amai Pakpak, Marawi City

PHILIPPINE NATIONAL POLICE Admin Case No. PROBAR-016-

Complainant(s) 0113-2020

-Versus-

Pat Felgon Gonzaga Clerigo For: Grave Neglect of Duty

Respondent [Rule 21, Section 2(C) Para 1
(j) x-----------------------------------------------x NAPOLCOM MC No. 2016-002]
(AWOL)

RESOLUTION
BRIEF STATEMENT OF THE CASE

This resolve the Administrative Case of Grave Neglect of Duty filed by

nominal complainant PCPT CESAR R BORRETA JR. against Pat Felgon G Clerigo
of the Saguiaran Municipal Police Station, herein referred to as respondent, pursuant
to Rule 21, Sec. 2(C) Par 1(j) of NAPOLCOM MC. No. 2016-002 docketed under
Administrative Case No. PROBAR-016-0113-2020.

In the Charge Sheet dated July 17, 2019, the Chief of Police of Saguiaran
Municipal Police Station, Lanao del Sur Police Provincial Office charged respondent
Pat Felgon Gonzaga Clerigo, as follows:

“That the above-named respondent while being a member of

the Philippine National Police, presently assigned at Saguiaran
Municipal Police Station, Lanao del Sur Police Provincial Office, PRO
BAR did, then, and there, willfully, deliberately and unjustifiably failed
to comply with the provisions of the NAPOLCOM. Wherein it was
observed by PCPT CESAR R BORRETA JR, Chief of Police during the
roll call at Saguiaran Municipal Police Station on July 9, 2019 that said
PNCO was marked ABSENT.”

COMPLAINANT’S VERSION

Record shows that Pat Felgon Gonzaga Clerigo, was an organic member of
the Philippine National Police (PNP) assigned at Saguiaran Municipal Police Station,
Lanao del Sur Police Provincial Office. However, on July 1, 2019 to July 18, 2019,
subject PNCO failed to report for official duty as evident in the Daily Personnel
Accounting Report (DPAR) submitted by Saguiaran MPS and same failed to secure
neither an approval application for leave nor any authority from his superior officers.
 A Notice to Report and Notice of AWOL dated July 9 and 12, 2019
respectively were sent to Pat Clerigo directing him to report for accounting at
Saguiaran MPS and that failure on his part will constraint said unit to mark him
AWOL.

On August 20, 2019, the Regional Investigation and Detective Management

Division received a Memorandum dated August 19, 2019 with attached supporting
documents from the OIC, RPRMD, requesting the conduct of Pre-Charge
Investigation against the above-named PNCO for AWOL. Subsequently, on
September 19, 2019, the RIDMD notified the respondent for him to submit an
answer/comment on the administrative complaint lodged against him but still the
respondent failed to comply.

Based on the facts and records of the case, Saguiaran MPS diligently
reached out to Pat Clerigo, for him to report to said unit as well as to remind him
that failure on his part to adhere shall mean the institution of an administrative case.
Such effort proved futile since there was neither any word nor compliance on the part
of subject PNCO.

Pat Clerigo was given the opportunity to submit an answer in writing and
under oath, when this office sent a notice addressed to the former. However,
aforementioned PNCO still failed in filing an answer in his defense within the
prescribed period. Thus, an ex-parte investigation shall proceed based on the
available records at hand.

Procedural Matters Undertaken

The summary hearing officer, upon receipt of the case folder on 20 January
2020, forthwith issued Summons on January 22, 2020 to respondent Pat Felgon
Gonzaga Clerigo, requiring him to submit his Answer and controverting evidence
within seven (7) days from receipt of the Summons. The copy of the Summons
together with the complaint, Charge Sheet and annexes were send thru registered
mail to the last known address of the respondent Pat Felgon Gonzaga Clerigo on
January 22, 2020, as evidenced of receipt from Marawi City Post Office attached in
the received copy.

That after seven (7) days, the respondent failed or refused to file his answer
within the period provided and shall be considered to have waived his right to submit
the same. The Notice of Pre-Hearing Conference was also sent to the respondent
thru registered mail to his last known address on January 30, 2020 but still failed to
appeared.

ISSUE FOR RESOLUTION

The issue to be resolved is whether or not, respondent Pat Felgon Gonzaga

Clerigo is Guilty of Grave Neglect of Duty (AWOL) as defined and penalized in
NAPOLCOM MC No. 2016-002.
 DISCUSSIONS AND FINDINGS

In NAPOLCOM MC No. 2016-002, Grave Neglect of Duty, Rule 21, Section

2(c), para 1(j) further provides that, “absent oneself from office without having filed
the necessary application for leave or secured the approval of the authorize official
for a period of more than fifteen (15) days prior to the enjoyment of leave.”

Also PNP Memorandum Circular No. 2008-005: Guidelines on AWOL

Cases, Paragraph 3 (a), Absence without Official Leave (AWOL) – In general, it
refers to the status of any official or employee who absent himself from work without
approved leave of absence; and paragraph 4, Status of AWOL, sub-para 4a, AWOL
as applied to the Police Commissioned Officers (PCOs) and Non-Commissioned
Police Officers (PNCOs) of the PNP, shall compass but not limited to the following;

1. Absent from place of work or assignment without approved leave; or

abandonment of work assignment without prior approval of his immediate
superior office;
2. Xxxxxxxxxxx
3. Xxxxxxxxxxx

Based on the evidence submitted such as Daily Personnel Accounting Report

shows that respondent Pat Felgon Gonzaga Clerigo incurred eighteen (18) days of
deliberate absences without official leave (AWOL) or secured the approval of the
authorized official. Said infraction is categorized as Grave Neglect of Duty and it is a
grave offense.

However, respondent was repeatedly charged who’s previously charged of

Serious Neglect of Duty from his former unit of assignment is considered as
aggravating circumstances; the imposable penalty is on the maximum period for the
grave offense.

Rule 22, Section 5, Para (d) of NAPOLCOM MEMORANDUM CIRCULAR

2016-002 provides the guidelines in the application of penalties, which for easy
reference reads as follows:

Section 5. Guidelines in the Application of Penalties -

The imposition of the penalty shall be made in accordance with the
manner herein below provided:

(d) The maximum period of the penalty shall be imposed

where only aggravating and no mitigating circumstances are
present.

CONCLUSION

WHEREFORE, premises considered, this office finds Pat Felgon Gonzaga

Clerigo is guilty of the charge of Grave Neglect of Duty and is meted the penalty of
Dismissal from the Service.
 SO ORDERED.

Done this 18th day of February 2020 at Lanao Police Provincial Office, Camp
Bagong Amai Pakpak, Marawi City, Lanao del Sur.

JOSUE O DELOS REYES JR

Police Captain
Summary Hearing Officer