Republic of the Philippines

National Police Commission

PHILIPPINE NATIONAL POLICE
PHILIPPINE NATIONAL POLICE TRAINING INSTITUTE
REGIONAL TRAINING CENTER 10
6th Division, Patag, Cagayan de Oro City

PHILIPPINE NATIONAL Administrative Case no. PTPTI No.

POLICE 2020-09-13
Complainant,
FOR: Grave Misconduct
-versus- (Reckless Imprudence Resulting
in Homicide) of NAPOLCOM
PSSG Michael C. Villano 2016-002
Respondent.

POSITION PAPER FOR THE RESPONDENT

PSSG MICHAEL C. VILLANO

COMES NOW RESPONDENT PSSG MICHAEL C. VILLANO,

assisted by counsel, unto this Honorable Philippine National Police Training
Institute, Office of the Discipline, Law and Order Section, most respectfully
submits this Position Paper and in amplification thereof most respectfully
avers that:

I
STATEMENT OF FACTS AND THE CASE

1. Respondent PSSG Michael C. Villano, is of legal age Filipino

citizen, married, and a resident of Zamboanga City;

2. This case stemmed from the incident that occurred last July 24,
2020 at around 9 o ‘clock in the evening while they were traversing the
national highway of Barangay Dangay from North going to South and was
driving with due care with a speed of 60KM/Hour and was mindful of the
highway as it was nearing the RORO Port of Oriental Mindoro, particularly
narrated hereunder;

3. Accordingly, on July 23, 2020, PSMS Butch Torres and the

respondent were directed by their Regional Training Director, PLTCOL
MARLON L. QUIMNO to proceed from RTC9 to PNPTI Headquarters at
Camp Vicente Lim, Mayapa, Calamba, Laguna purposely to claim their
issued ammunitions and vehicle. Proof of such is the. A copy of the
Authorization letter dated July 23, 2020 and the Affidavit himself of
Regional Training Director, PLTCOL MARLON L. QUIMNO dated August
31, 2020 is hereto attached as ANNEXES “1”, “2” to “2-A”;

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 4. That PSMS Butch Torres and the respondent are the designated
drivers of RTC9 and subsequently designated as the authorized personnel to
withdraw the ammunition and the subject motor vehicle. Copy of the
Designation dated August 1, 2017 is hereto attached as ANNEX “3”;

5. In faithful compliance to the said Order, PSMS Butch Torres

and the respondent proceeded to PNPTI headquarters at Camp Vicente Lim,
Mayapa Calamba, Laguna purposely to claim their issued ammunition and
the subject motor vehicle. A copy of the travel Order dated July 23, 2020
and the Affidavit of PCMS Romeo Magno Dioquino are hereto attached as
ANNEXES “4” and “5” to “5-A” respectively;

6. After claiming the subject motor vehicle and the ammunitions,

they then travelled back to RTC9 with the respondent driving the same
motor vehicle Patrol Jeep 4x2 (Toyota HiLux) with Conduction Sticker No.
P-7-J769;

7. Unfortunately, at around 9:00 o’clock in the evening of July 24,

2020, while they were traversing the national highway of Barangay Dangay
from North going to South, was driving with due care with a speed of
60KM/Hour and was mindful of the highway as it was nearing the RORO
Port of Oriental Mindoro, they were surprised that out of a sudden a fast
moving motorcycle driven and back ridden by two drunk individuals swiftly
hit the motor vehicle the respondent was driving. A copy of the Affidavit of
the respondent in hereto attached as ANNEX “6” to “6-A”

8. As a result thereof, the motor vehicle sustained damaged while

the driver of the motorcycle sustained lacerated wound on his head and was
brought to the Oriental Mindoro Southern District Hospital. Unfortunately,
the attending physician declared him dead on arrival;

9. The same incident was thereafter reported with the Roxas

Municipal Police station and a Spot Report in connection with such had.
Copy of the Spot Report is hereto attached as ANNEX “7” and form an
integral part hereof;

10. As the incident was due to the fault of the drunk driver, an
amicable settlement was had between the respondent and the parents of the
deceased motor cycle driver and it was stipulated in the amicable settlement
that though the respondent has no fault in the incident, he nevertheless gave
the parents the amount of FIFTEEN THOUSAND PESOS (Php 15,000.00)
as financial assistance of which the latter expressed their gratitude for his
kindness and generosity;

11. Likewise, it was also stipulated therein that the amicable

settlement was executed by both parties in order to avoid costly and

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acrimonious litigation and have undertaken that the both parties will take no
personal action against each other. A copy of the Amicable Settlement in
hereto attached as ANNEX “8”

12. That on October 7, 2020, respondent received the Summon in

relation with the incident from this Honorable Office requiring him to
submit within 5 days from receipt thereof his Answer and other pieces of
evidence. Moreover, he is also Ordered to submit Position paper;

13. Hence, this Position Paper.

II
LONE ISSUE

WHETHER OR NOT THE RESPONDENT IS GUILTY AS

CHARGE OF GRAVE MISCONDUCT IN RELATION TO
ALLEGEDLY COMMITING RECKLESS IMPRUDENCE
RESULTING IN HOMICIDE

III
ARGUMENTS AND DISCUSSION

WHETHER OR NOT THE

RESPONDENT IS GUILTY
AS CHARGE OF GRAVE
MISCONDUCT IN
RELATION TO
ALLEGEDLY
COMMITING RECKLESS
IMPRUDENCE
RESULTING IN
HOMICIDE

14. On the basis of the incident which involved the subject motor
vehicle, the Board of Survey recommended the initiation of pre charge
investigation against the respondent, as well as to the chief of Regional
Training to have allegedly violated the provisions of PNP Memorandum
Circular (MC) No. 2015-002, to quote in full for ready reference to wit:

“All PNB members driving an issued vehicle shall comply with

all traffic laws, rules and regulations. They will constantly utilize care
and courtesy and shall drive in a safe and professional manner at all
times. In case of violations of rules and regulations on the use of
PNP vehicles, disciplinary actions may be taken”. Likewise, it is also
provided that “All Heads of Office and Supervisors are subsidiarily
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 liable in case of damage, lose and unserviceability on PNP mobility
assets”1 [emphasis supplied ]

15. Moreover, the Board of Survey also recommended the initiation

of pre charge investigation against the respondent, as well as to the chief of
Regional Training to have allegedly violated the provisions of PNP
Memorandum Circular no. 002-02 respectively, to quote in full for ready
reference to wit:

“PNP Personnel Accountable for government shall be liable

for the money value in case of loss, improper use or misapplication
thereof, by himself or property by any person for whose acts he may
be responsible. He shall likewise be liable for all losses, damage or
deterioration occasioned by negligence in the keeping or use of the
property, whether or not it be at the time in his actual custody”
(Section 105, PD 1445)”2 [emphasis supplied]

16. In the case at bar, it is the humble belief of the respondent that
he cannot be held administratively liable to the foregoing provisions of the
subject Memorandum circulars constituting Grave Misconduct in relation to
allegedly committing reckless imprudence resulting to Homicide;

17. Firstly, there was no improper use of the subject motor vehicle
considering that on July 23, 2020, PSMS Butch Torres and the respondent
were directed by their Regional Training Director, PLTCOL MARLON L.
QUIMNO to proceed from RTC9 to PNPTI Headquarters at Camp Vicente
Lim, Mayapa, Calamba, Laguna purposely to claim their issued
ammunitions and vehicle;

18. Secondly, that PSMS Butch Torres and the respondent are the
designated drivers of RTC9 and subsequently designated as the authorized
personnel to withdraw the ammunition and the subject motor vehicle.
Evidently, it is crystal clear that PSMS Butch Torres and the respondent did
not improperly used the subject motor vehicle as they are authorized and
only following the lawful Order of their Regional Training Director,
PLTCOL MARLON L. QUIMNO;

19. In the same vein, it cannot also be considered that the damage
was on occasion by the negligence of the respondent in using and driving the
subject motor vehicle. What is existing in this case was that, respondent
acted with due diligence, great care, and was observing traffic rules and
regulations in keeping with the subject motor vehicle;

20. For the true information of this Honorable Office, where it not
for the reckless driving of the drunk driver, the incident would not have
1
PNP Memorandum Circular 2015-002 titled: “Guidelines on the Issuance Utilization, Maintenance, and
Proper Disposition of PNP Mobility Assets.”
2
PNP Memorandum Circular no. 022-02 titled: Procedures to be Followed in Requesting for Relief from
property Accountability

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occurred. In fact, in the Amicable Settlement executed by between the
respondent and the parents of the deceased motor cycle driver it was stated
that though the respondent has no fault in the incident, he nevertheless gave
the parents the amount of FIFTEEN THOUSAND PESOS (Php 15,000.00)
as financial assistance of which the latter expressed their gratitude for his
kindness and generosity;

21. Verily, on the basis of the foregoing, the administrative charge

against the respondent must be dismissed as the same finds no basis both in
law and in facts;

22. Moreover; in one case the Supreme Court had an occasion to

defined Grave misconduct to wit;

"Misconduct is a transgression of some established and

definite rule of action, more particularly, unlawful behavior or
gross negligence by the public officer. To warrant dismissal
from the service, the misconduct must be grave, serious,
important, weighty, momentous, and not trifling. The
misconduct must imply wrongful intention and not a mere
error of judgment and must also have a direct relation to and
be connected with the performance of the public officer's
official duties amounting either to maladministration or
willful, intentional neglect, or failure to discharge the duties of
the office. In order to differentiate gross misconduct from
simple misconduct, the elements of corruption, clear intent to
violate the law, or flagrant disregard of established rule, must
be manifest in the former."3

23. Additionally, reckless imprudence is defined under the Revised

Penal Code in that,

“Reckless imprudence consists in voluntary, but without malice, doing

or falling to do an act from which material damage results by reason
of inexcusable lack of precaution on the part of the person performing
of failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and place.”4

24. In the case under consideration, while respondent is charged

for grave misconduct in relation to allegedly committing reckless
imprudence resulting to Homicide, the facts surrounding the instant case
however do not show, reveal, or indicate that respondent committed the
offense charge;

3
OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, Petitioner vs. EUFROCINA CARLOS
DIONISIO and WINIFREDO SALCEDO MOLINA, Respondents G.R. No. 220700 July 10, 2017
4
Article 365 of the Revised Penal Code

Page 5 of 7
 25. Without risk of being repetitive, the facts shows that at the time
of the incident, the respondent who by virtue of a lawful order, was driving
with due care and diligence the subject motor vehicle when, all of a sudden
he was hit by a motorcycle driven by a drunk driver while traversing the
national highway of Barangay Dangay from North going to South with a
speed of 60KIM/Hour and was mindful of the highway as it was nearing the
RORO Port of Oriental Mindoro;

26. As a result thereof, the motor vehicle sustained damaged while

the driver of the motorcycle sustained lacerated wound on his head and was
brought to the Oriental Mindoro Southern District Hospital. Unfortunately,
the attending physician declared him dead on arrival;

27. Thereafter and by reason of the incident, an amicable settlement

was had between the respondent and the parents of the deceased motor cycle
driver to the effect that they will no longer pursue any criminal or civil
actions against each other;

28. Certainly, from the herein facts, it is without an iota of doubt

that respondent is not criminally liable for Reckless imprudence resulting in
homicide;

29. Given the prevailing facts therefore and from the gamut of the
pieces of evidence at hand, where it is clear that no Reckless imprudence
resulting in homicide was committed, there is logically no grave misconduct
to speak off and thus, their is no basis for the respondent to be held
administratively liable;

30. Additionally, as the respondent was driving with due care at

the time of the incident, he could not be held even civilly liable as against
the drunk driver;

31. Fact is, out of kindness and being his moral obligation, has
given the parents of the deceased driver the amount of FIFTEEN
THOUSAND PESOS (Php 15,000.00) as financial assistance of which the
latter expressed their gratitude for his kindness and generosity;

32. The same finds basis under the New Civil Code “When the
plaintiff's own negligence was the immediate and proximate cause of his
injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages, but the
courts shall mitigate the damages to be awarded”;5

33. All told, respondent begs for the indulgence of this Honorable
office that the administrative charge against him on the basis of the
provisions of the aforementioned Memorandum circulars constituting Grave
5
Article 2179 of the New Civil Code

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Misconduct in relation to allegedly committing reckless imprudence
resulting to Homicide, be dismiss for lack of merit;

34. Respectfully submitted.

IV
PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Office that after notice and hearing an Order be issued
DISMISSING the complaint against the respondent for lack of merit.

Other just and equitable relief under the foregoing are likewise being
prayed for.

Cagayan de Oro City, Philippines, October 12, 2020

COLLADO| CONDEZA |LLESIS | UY

PARTNERS AND ASSOCIATES
LAW OFFICE
Door 3, Cahilog Bldg., near LTFRB Office, Zone -1 Apovel Highway,
Bulua, Cagayan de Oro City
By:

ATTY. ROLAND E. COLLADO

Assisting Counsel for the Respondent
Roll No. 67493
TIN No. 409-403-218-000
IBP OR No. 073353:02-08-19|PTR No. 4174886: 02-01-19
MCLE COMPLIANCE NO.: VI-0016308 VALID UNTIL 04-14-22

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