Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
EASTERN POLICE DISTRICT
Caruncho Avenue, Brgy. Malinao, Pasig City

MEMORANDUM

FOR : Acting Chief of Police

SUBJECT : Investigation Report of PCpl Jayson Rivera

Re: Grave Neglect of Duty (Failure to Attend Court Hearing)

DATE : February 26, 2020

I. AUTHORITY:
1. E-Subpoena Data Base System;

2. NAPOLCOM Memorandum Circular No. 2016-002;

3. Other attached records.

II. MATTERS TO BE INVESTIGATED:

4. To determine the existence or non-existence of probable cause against
PCpl Rivera for the alleged failure to attend court hearing based on the records
generated from the E-Subpoena Database System of the PNP.

III. FACTS OF THE CASE:

5. Record shows that the above-mentioned PNCO failed to attend the
scheduled court hearing on December 4, 2017 in Criminal Case No. MC11-13682-D
entitled People of the Philippines vs. Marlon Santos y Manalo for Viol. Of Sec. 11 ART II
OF RA 9165 and on December 11, 2017 in Criminal Case No. MC11-13858-D entitled
People of the Philippines vs Prince Noel Trinidad II y Trinidad @”ETET”.

6. As part of the administrative due process, notice of appearance was

issued and sent to the above-named PNCO directing him to appear at the Office of the
Station Investigation Section, S7(Pre-charged Evaluation),Pasig City Police Station,
EPD on February 28, 2020 to receive the official list of PNP personnel who failed to
attend the scheduled court hearing including his name. Likewise, he was directed to
submit his answer regarding his absence on the scheduled court hearing.

7. PCpl Rivera stated in her affidavit that she did not attend the hearing on
December 4,2017 because she was suffering from swelling of teeth and inflammation of
gums but she informed the Senior Assistant City Prosecutor Randy M. Esteban about
her predicament. She attached the medical certificate and Certification from the City
Prosecutor, Branch 76, Pasig City. However, she was able to attend the next scheduled
hearing on February 7, 2020. As proof, attached Certificate of Appearance issued by
Atty. Rosalie C Arosa, Clerk of Court V, RTC Branch 67, Pasig City.

IV. DISCUSSION:
8. Subject PNCO was marked absent during his scheduled court hearing on
December 4, 2017 at the RTC Branch 210, Mandaluyong City but he informed the City
Prosecutor about her reason and appeared the next schedule court hearing on June 25,
2018 of the same case.
 9. The absence of PCpl Rivera is not deliberate and did not cause any delay
in the service of justice. There was no showing that the court had issue show cause
order to the respondent citing that her failure to testify resulted detrimentally to the case.
An order to show cause is a type of court order that requires one or more of the parties
to a case to justify, explain, or prove something to the court. Courts commonly
use orders to show cause when the Judge needs more information before deciding
whether or not to issue an order requested by one of the parties. There is none in this
case. Therefore, it does not require a full blown investigation.

V. CONCLUSION:
10. After a careful assessment of the case based on the records at hand, it is
concluded that no probable cause exists to warrant the filing of administrative case
against PCpl Jayson Rivera for Grave Neglect of Duty (Failure to attend court
hearing).

VI. RECOMMENDATION:
11. Wherefore, this office respectfully recommends that the case against PCpl
Jayson Rivera be Dropped and Closed for lack of probable cause.

12. Request approval of paragraph 11.

Prepared by:

Police Corporal
Investigator-On-Case

I concur with the findings and recommendation of the investigator.

Police Captain
Chief, SIDMB, Pasig CPS

ROCK N ROLL
Police Lieutenant Colonel
Chief of Police
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
EASTERN POLICE DISTRICT
Caruncho Avenue, Brgy. Malinao, Pasig City

MEMORANDUM

FOR : District Director

SUBJECT : Investigation Report of Pat James A Hetfield for Grave Neglect of

Duty (Failure to Attend Court Hearing)

DATE : January 27, 2020

I. AUTHORITY:
1. E-Subpoena Data Base System;

2. NAPOLCOM Memorandum Circular No. 2016-002; and

3. Other attached records.

II. MATTERS TO BE INVESTIGATED:

To determine the existence or non-existence of probable cause against Pat
James V Hetfield (Pat Hetfield) for the alleged failure to attend court hearing based on
the record generated from the e-Subpoena Database System of the PNP and to
determine the jurisdiction of the case pursuant to Sec 3, Rule 13 of NAPOLCOM
Memorandum Circular No. 2016-002.

III. FACTS OF THE CASE:

4. Record shows that the above-named PNCO failed to attend the scheduled
court hearing on November 26, 2019 in Criminal Case No. _____________ at RTC
Branch ____, ______ City.

5. As part of the administrative due process, subject PNCO was furnished

with the copy of the list of personnel who failed to attend court hearing based from the
e-subpoena data base system.

6. Subject PNCO personally appeared at the office SIDMB and submitted his
counter affidavit/answer pursuant to Sec. 2, Rule 14 of the Revised NAPOLCOM
Memorandum Circular No. 2016-002.

7. In his affidavit, Pat Hetfield stated among others that he failed to attend
during the said scheduled court hearing because ______________________________.

IV. DISCUSSION:
8. In view of the foregoing, subject PNCO failed to justify his absence during
court hearing on November 26, 2019 at RTC Branch 00000, Marikina City. In this case,
there are still issues to be raised and further clarification to be made which neccesitates
a full blown investigation.

V. CONCLUSION:
9. After a careful assessment of the case based on the records at hand, it
was concluded that probable cause exists to warrant the filing of administrative case of
Pat James A Hetfiled for Grave Neglect of Duty pursuant to NAPOLCOM
Memorandum Circular No. 2016-002 under Rule 21, Section 2(C) para 1(i) to read as:
 VI. RECOMMENDATION:
10. Wherefore, premises considered, recommends that the administrative
case of Pat James A Hetfield for Grave Neglect of Duty (Failure to attend court
hearing) be elevated to a Summary Hearing Proceedings in order to determine the
extent of his administrative liability and for him to have the full opportunity to offer
controverting evidence for his defense.

11 Further, respectfully recommends that this case be referred to the Office of

Regional Director, NCRPO which covered the jurisdiction and has the disciplinary
authority over the case.

12. Request approval of paragraphs 10 and 11.

MAX A CAVALERA
Police Captain
Chief, SIDMB/S7

I concur with the findings and recommendation of the investigator.

DAVE S MUSTAINE
Police Colonel
Chief of Police, ______ CPS
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
EASTERN POLICE DISTRICT
Caruncho Avenue, Brgy. Malinao, Pasig City

MEMORANDUM

TO : Pat Rob Zombie, PCP1

FROM : Chief, SIDMB, Pasig CPS

SUBJECT : Summon
Re: Grave Neglect of Duty (Failure to attend court hearing)

DATE : January 27, 2020

1. References:
a. E-Subpoena Data Base System; and

b. Revised NAPOLCOM Memorandum Circular No. 2016-002.

2. This pertains to the Investigation being conducted by this office for your failure
to attend scheduled court hearing on February 14, 2020 based on the record generated
from the E-Subpoena Data Base System.

3. In this regard, submit your answer within three (3) days and other supporting
documents relative to the case.

4. Failure on your part to appear and submit answer will mean a waiver of your
right to be heard, and this office shall proceed to an ex-parte investigation based on the
available documents at hand.

5. For strict compliance.

PLTCOL KIRK HAMMET

Police Lieutenant Colonel
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
EASTERN POLICE DISTRICT
Caruncho Avenue, Brgy. Malinao, Pasig City

MEMORANDUM

FOR : COP of Marikina CPS

(Attn: Chief, Admin Section)

FROM : Chief, District Investigation Unit/D7

SUBJECT : Summon
Re: Administrative Complaint filed against PSSg Rob Zombie
for Grave Neglect of Duty

DATE : January 27, 2020

1. References:
a. Memo from Chief, DPMU/D1 on January 21, 2020 and;

b. Revised NAPOLCOM Memorandum Circular No. 2016-002.

2. This pertains to the Investigation being conducted by this office relative to the
complaint filed against the above-named personnel for Grave Neglect of Duty (See
attached Complaint Affidavit/Certificate of Non-Forum Shopping).

3. In this regard, please advise/direct the above-named PNCO to appear before

this office (Attn: PEMS Robert Vanwinkle) in uniform of the day without firearm on
January 29, 2020 at 10:00 AM to submit his answer relative to the attached complaint
pursuant to Sec 1, Rule 18 of Revised NAPOLCOM Memorandum Circular 2016-002.

4. Failure on his part to appear on the scheduled date will mean a waiver of his
right to be heard, and this office shall proceed to an ex-parte investigation based on the
available documents at hand.

5. For strict compliance.

BY THE DIRECTION OF PBGEN JOHNSON C ALMAZAN, DD,EPD:

PLTCOL KIRK HAMMET

Police Lieutenant Colonel