Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE 3
REGIONAL MOBILE FORCE BATTALION 3
Camp Captain Julian Olivas
City of San Fernando, Pampanga

Patrolman Marvelous P Abulog, et al.,

Respondents
x-------------------------------------------------x

ANSWER/COUNTER AFFIDAVIT

COMES NOW the undersigned Police Officers and unto

this Honorable Office, submits their Answer and respectfully
avers, to wit:

That, the Honorable Office through Police Lieutenant

EMELITA B AQUINO, Pre-Charge Investigator, Regional
Force Battalion 3, had issued a Notice of Pre-Charge
Investigation (Summons) to the undersigned Police Officers,
giving them a period of five (5) days (including Saturday and
Sunday) from receipt of these Summons within which to refute
the complaint lodge by Police Lieutenant HERMINIO F
FONTANOS JR for “Simple Neglect of Duty” pursuant to
NAPOLCOM MC No. 2016-02, Part III, Rule 21 Section 1.A.1
Para (p).

That, the undersigned Police Officers acknowledged having

received the said Summons.

In view of the above-entry, the respective “AFFIDAVIT

OF COMPLAINT” of the complainant which is also designated
as the Assistant Chief of Admin Section, alleging that the
undersigned Police Officers were accused of having committed
the administrative offense of “Simple Neglect of Duty” to wit:
 “That on February 8, 2020, a memorandum signed by the
Force Commander of RMFB3 was published directing all the
personnel of the said unit to report at exactly 08 2200H
FEBRUARY 2020 for pre-deployment preparation prior
providing security at Clark Airport. But despite advance notice
pertaining to the said recall of personnel, the respondents failed
to comply nor conform with said order which constrain the
Deputy Force Commander to issue an Order to Explain dated
February 14, 2020 to state their respective reasons for such
omission.

Alleged acts displayed by the police officers were contrary

to law and other existing rules and regulations governing the
Philippine National Police. Xxx

Let it be stressed at this juncture, for the information of the

Honorable Office and Honorable Pre-Charge Investigator, the
undersigned officers has no intention to neither violate nor
disregard orders from their immediate supervisors, it so happen
that herein respondents utilized the privilege ACAD-break
provided by the DRDA of PRO3 covering the period of
February 06 to 10, 2020, after finishing the or graduating from
Basic Internal Security Operations Course (BISOC). Further,
during the issuance of the Order to Recall for all personnel of
RMFB 3, most of the information was published in the
Facebook Messenger group chat wherein most of the
respondents were not using the said social media application at
that time.

Thus, the Complaint filed by PLT FONTANOS to us was

presumably possible but considering the constraint of the Radio
Message issued by no other than the DEPUTY REGIONAL
DIRECTOR FOR ADMINISTRATION. Knowingly
considering the fact that he is the second in command of the
POLICE REGIONAL OFFICE 3, HIERARCHY OF
COMMAND. That it was clearly stated on the radio message
dated 04 FEBRUARY 2020 that the request of the newly
Graduates of BASIC INTERNAL SECURITY OPERATION
COURSE be given an academic break from 06 – 10 February
2020 and to report to their respective units on 11 February 2020.
However, the following undersigned did not intend to disregard
the foregoing instruction of the FORCE COMMANDER,
REGIONAL MOBILE FORCE BATALLION 3. (Please see
attach file at the back).

The real and factual event is that respondents noticed the

said order later the following day (February 09, 2020) wherein it
was already late and the directive was already unintentionally
violated.

Nevertheless, respondents complied with the Memorandum

with subject “Order to Explain” dated February 14, 2020, and
narrated the same reason as stated above.

Moreover, without prior notice we caused to explain on the

“Order to Explain” notice dated 14 February 2020. Yet,
considering the fact that the said “Order to Explain” was duly
received by the undersigned on 17th day of February 2020. Thus,
it simply means that the said “Order to Explain was deemed
unfavorable on our part considering the particular portion
wherein it was clearly stated that the undersigned was cause to
explain within “24 hours”. And looking unto the fact that the
said “Order to Explain” Letter passed 72 hours from the actual
date of its effectivity. May we request for considerable merits
upon the favorability of the said “Order to Explain”. But as a
sign of goodwill and good faith the undersigned still passed the
required explanation/answer letter to the aforementioned “Order
to Explain”. (please see attach file at the back).

The allegations, thus, in the instant complaint filed by PLT

FONTANOS JR mostly indicates the real event transpired
wherein respondents indeed failed to conform with the directive
of the Force Commander but said action has no malice and
arouse merely due to misapprehension of facts. If the
respondents would have immediately learned the order of recall
of personnel, they could have report promptly without hesitation
for it is their mandated duty to follow legal orders issued to
them. The undersigned will never defy nor question the wisdom
and authority of the Philippine National Police and its internal
rules and regulations and the incident of failure to report was
only committed in good faith and without antipathy.

In the addition to the above references, the undersigned

would like to express a very salient point of this matter.
Considering the fact that we are verbally informed that the New
Graduates of Basic Internal Security Operation Course will be
reassigned to REGIONAL MOBILE FORCE BATALLION 3.
However, we haven’t received yet any formal order of
reassignment from HUMAN RESOURCE AND DOCTRINE
DEVELOPMENT DIVISION to REGIONAL MOBILE
FORCE BATALLION. Thus, the following undersigned are not
subject to the Administrative and Operational Control of
REGIONAL MOBILE FORCE BATALLION 3 by any means.
Let this document be a causal part upon the dismissal of this
complaint filed against the following undersigned. (please see
attach file at the back).

But as far as the undersigned are concerned, allegations are

not and never synonymous with truth, and the accuser has the
burden to allege and to prove the act that indeed the respondents
acted with wrongful intention.

In the light of the foregoing, it is fervently hoped that the

instant administrative case be dismissed for lack of merit and for
insufficiency of evidence to substantiate respondent’s defiance
of legal orders which is equivalent to Neglect of Duty. The
allegation in the complaint that the undersigned deliberately
disobey and disregard the orders of their immediate supervisor
has, in fact, no statutory and factual basis. Records would
readily disclose that the undersigned were off duty (ACAD
break) on February 8, 2020 and could have conformed to the
directive if well informed.
 WHEREFORE, the undersigned prays that this
Answer/Counter-Affidavit be ADMITTED on record and
further prays, after due notice and hearing, that the instant
administrative case be DISMISSED for utter want of merit.

Other reliefs just and equitable under the given

circumstances are likewise being prayed for.

Lubao, Pampanga for City of San Fernando, Pampanga,

April 2, 2020.

_______________________ _______________________
Pat Jerwin Q Berber Pat Jhonel A Regala
Respondent Respondent
_______________________ _______________________
Pat Marvelous P Abulog Pat Hernan D Amboni
Respondent Respondent
_______________________ _______________________
Pat Stephan M Ancheta Pat Jenny T Beltran
Respondent Respondent
_______________________ _______________________
Pat Sanilyn B Bigueras Pat CJ G Casquero
Respondent Respondent
_______________________ _______________________
Pat Darenz D David Pat Fernan E De Guzman
Respondent Respondent
_______________________ _______________________
Pat Jojemar Aaron A Dealino Pat Jackson A Delim
Respondent Respondent
_______________________ _______________________
Pat Ronnie S Dotarot Pat Marco U Facunia
Respondent Respondent
_______________________ _______________________
Pat Emmanuel B Graganza Pat Norman A Lazaga
Respondent Respondent
_______________________ _______________________
Pat Dale N Manalo II Pat Homer Hart P Mendoza
Respondent Respondent
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Respondent Respondent
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Respondent Respondent
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Respondent Respondent
_______________________ _______________________
Respondent Respondent
_______________________ _______________________
Respondent Respondent
_______________________ _______________________
Respondent Respondent
_______________________ _______________________
Respondent Respondent
_______________________ _______________________
Respondent Respondent
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Respondent Respondent
_______________________ _______________________
Respondent Respondent

WITNESS MY HAND AND SEAL on this ____ day of

_______________ at _________________________________.

NOTARY PUBLIC
Doc. No._______;
Page No. ______;
Book No._______;
Series of 20_____.