Respondent, through Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE BAR
Camp. BGen. Salipada K. Pendatun,
Parang, Maguindanao

PHILIPPINE NATIONAL POLICE

Complainants,

-versus-
For: Failure to Complete the
required FTP, PSBRC or FTX
within the prescribed period
of 12 months from the time
he/she was issued an
appointment under
temporary status due to
Physical Incapacity.
P/ Trainee MOHAMMAD FAIZ MANGACOP
Respondent- Appellant
X - - - - - - - - - - - - - --------------------- - -x

MEMORANDUM ON APPEAL

RESPONDENT-APPELLANT, through the undersigned counsel and

unto the Honorable Commission most respectfully submits the foregoing
Memorandum on Appeal and further avers: THAT

I
STATEMENT AND NATURE OF THE CASE

1. The subject matter of this memorandum is the Termination from

the PNP Service of Pat.MOHAMMAD FAIZ BOTAWAN
MANGACOP by Police Regional Office -BAR ( PRO-BAR)
effective November 12, 2020 for failure to complete the required
FTP, PSBRC or FTX within the prescribed period of 12 months
from the time he was issued appointment under temporary status
due to physical Incapacity, ( Reference: RD, PRO-BAR
Termination Decision Dated November 12, 2020 in termination
case No.2020-012)

1
2. Perusal of the said decision on termination case Dated November
12, 2020. The terminating Board rely solely on the Medical
Certificate issued by Northern Mindanao Medical Center ( NMMC)
which was disclose only the personal circumstances, diagnosis
and operation at the time the appellant was admitted;

3. That this medical certificate was validated by Regional Health

Board on July 30, 2020 and another on October 15, 2020.

4. That on the sole basis of that medical certificate or validation

by P/LT. GUER LAW V. ANDALONA, the herein respondent-
appellant was terminated without further do an act to examine
physically to determine if indeed, the respondent-appellant is
incapable of completing the required FTP or FTX as ground
for termination.

II
TIMELINESS OF THE APPEAL

5. That on November 12, 2020. The Respondent-Appellant received

the decision of the terminating board duly signed by RD.SAMUEL
P. RODRIGUEZ.

6. That on November 18, 2020, notice of appeal has been filed to

PRO-BAR furnishing a copy to the NAPOLCOM En-banc;

7. That Memorandum of appeal was filed within 15 days from the

time, a notice of appeal was filed. Thus, this appeal was made
within the Reglementary period as provided under Memorandum
Circular No. 2007-009 issued by NAPOLCOM.
III
STAMENT OF FACTS

8. The herein respondent-appellant is a Police Trainee and was a

member of a PSFTP class 2019-02 assigned in Marawi CPS,
LSPPO;

9. That appellant is the eldest among the seven siblings and was
very responsible person to the needs of his family. he is a
breadwinner of his family;

2
 10. That On or about July 12, 2020, it was their break “WASH
DAY”. During that date, his mother needs medicine for her illness.
considering that it was the high of the implementation of Enhance
Community Quarantine in Marawi and considering further that he
is a front liner, he decided to use the wash day to buy medicine for
his grandmother. Copy of the Medical prescription and senior
citizen of his grandmother were hereto attached as Annex-1 and
2 respectively;

11. That about 10:20 am of the same date while traversing Marawi
road going to illegal city to buy medicine for his grandmother, the
front tire of his motorcycle accidentally explode;

12. That herein respondent-appellant was brought to Hospital for

medical attention. He was confined for several days and after
confinement, he was discharge from hospital;

13. That on or about July 27, 2020 or Fifteen (15) days after the
accident, he reported back to duty, however, he was directed to
report at the RSTU- BAR holding office for validation of his medical
certificate;

14. That on or about August 24, 2020. He was charge with violation
of M.C No. 2017-035 in relation to NAPOLCOM M.C No. 2007-
009. Copy of the Charge sheet is hereto attached as Annex-3;

15. That on or about November 17, 2020.he received a decision

from the PRO-BAR dismissing him from service, copy of the
Termination order is hereto attached as Annex-4;

16. That on or about November 18, 2020, respondent –appellant

file a notice of appeal to PRO-BAR furnishing a copy to this Office.

IV
ASSIGNMENT OF ERRORS / ISSUES
I.
WITH ALL DUE RESPECT, THE HONORABLE POLICE REGIONAL
OFFICE-BAR ( PRO-BAR) COMMITTED ERROR IN DECIDING THE
TERMINATION CASE ON THE SOLE BASIS OF EVALUATING MEDICAL
CERTIFICATE WITHOUT CONDUCTING ACTUAL AND PHYSICAL
EXAMINATION TO THE RESPONDENT TO DETERMINE IF HE IS
INDEED PHYSICALLY INCAPABLE

3
 II.
WITH ALL DUE RESPECT, THE HONORABLE POLICE REGIONAL
OFFICE-BAR ( PRO-BAR) COMMITTED ERROR IN IMPOSING A
PENALTY OF DISMISSAL FROM SERVICE WITHOUT APPLYING
MITIGATING CIRCUMSTANCES AS PROVIDED UNDER NAPOLCOM
M.C 2016-002. Sec.4, Rule 22.

V
DISCUSSIONS

17. The decision of Termination Board was largely dependent on

recommendation of P/LTC GUER LAW V. ANDALONA after his
REVALIDATION on medical certificate issued by Northern
Mindanao Medical Center (NMMC) during admission and recovery
of the respondent. The said revalidation was made on October 15 ,
2020 which he found that herein respondent-appellant unfit for
training;

18. It can be noticed from the discussion on the decision of the

PRO-BAR, that P/LTC ANDALONA just revalidated the medical
certificate issued by NMMC without conducting physical
examination or test to determine if respondent is unfit for physical
training. The medical certificate that was revalidated by P/LTC
Andalona merely discloses the diagnosis and the medical
procedure that has been conducted.

19. That on or about September 07, 2020. The herein respondent

went to NMMC to submit himself from medical consultation to
determine if he indeed, he is unfit to continue in training, thus, after
several physical examination, the attending government physician
made a remark that THE RESPONDENT IS FIT TO WORK; copy
of the medical certificate dated September 07, 2020 is hereto
attached as Annex-5;

20. That on or about November 23, 2020 after the respondent file a
notice of appeal, he went to Cotabato City Health Office and
submit himself for medical examination to determine if he is fit to
continue in training, thus, after physical examination and other
medical procedure, the government doctor made a remark which
he says that RESPONDENT IS PHYSICALLY FIT TO WORK;
copy of the medical certificate issued by Cotabato city health
services is hereto attached as Annex-6;

4
 21. It can be gleaned from the medical certificate issued by
government doctors from NMMC, Cagayan City and City Health
services of Cotabato city which was conducted in a separate date
and month, THEY MADE A UNANIMOUS FINDINGS THAT THE
RESPONDENT-APPELLANT IS PHYSICALLY FIT TO WORK;

22. In sum, based on the examination of two government and

competent doctors, the injuries he sustained on July 12, 2020
did not render him unfit to continue the FTP evidence by the
fact that after his discharge from hospital and rest day, he report
back to work on July 27,2020 as a gesture of his dedication and
determination to continue his training.

FIRST OFFENSE ON THE PART

OF THE RESPONDENT-APPELLANT,
GOOD FAITH, ANALOGOUS CIRCUMSTANCES

23. Assuming without admitting that the respondent-appellant must

be penalized for violating some training policy ; the penalty of
dismissal is too harsh,

24. Under Section 4, Rule 22 of National Police Commission

Memorandum Circular No. 2016-002, in the determination of
penalties to be imposed, there are mitigating and aggravating
circumstances which can be considered in imposing a penalty
against a PNP Member. The said provision provides:

Section 4. Mitigating and Aggravating Circumstances. – In the

determination of penalties to be imposed, the following circumstances
shall be considered:

a) Awards and commendations;

b) Employment of fraudulent means to commit or conceal the
offense;
c) First offense;
d) Good faith;
e) Illness;
f) Intoxication;
g) Length of service in the government;
h) Offense is committed during office hours;

5
 i) Offense is committed in consideration of a price or reward;
j) Offense is committed in cooperation with two (2) or more
persons;
k) Offense is committed within the premises of the government
office or building;
l) Recidivist;
m) Repeatedly charged;
n) Taking advantage of official position;
o) Taking undue advantage of subordinate;
p) Use of government property in the commission of the offense;
q) Utilizing minor in the commission of the offense;
r) When the victim is a minor, feeble minded or physically
disabled;

s) Analogous circumstances.

25. Respondent-appellant would like to invoke three(3) mitigating

circumstances for the Honorable office to consider such as First
offense because it was the first time he was charged or violated
any rules and regulation during training; Good faith because he
believed that during the wash day, he is allowed to go outside
specially when matter of necessity, Analogous Circumstances
because out of his love for his grandmother who is on dire need of
medicine during that day and considering that no one is allowed to
travel from marawi to illegal except frontliner like him, he grabbed
the opportunity to buy medicine for his beloved grandmother;

26. Section VIII (E) Reappointment of Terminated PNP Member

who failed to complete the required basic recruit course and
field training program.

“ Any newly appointed PO1, who has been terminated for

failure to complete the required FTP within the prescribed
period of twelve (12) months may be reappointed to the PNP
provided he or she possess all the minimum qualification
required for reappointment. Provided further, he/she should
pass the required FTP. Provided furthermore, that the ground
of his termination is not one of those provided in paragraph
A(1) of this section. Provided finally, that only those who have
not yet availed of such reappointment shall be eligible”.

6
 PRAYER

Wherefore, premises considered, it is most respectfully prayed

of the Honorable Office of the NAPOLCOM En banc, to please give due
course to this Appeal and the respondent-appellant be reappointed and be
allowed to complete required basic recruit and field training program as
provided under M.C No. 2007-009, Section VIII (E).

Other reliefs just and equitable under the premises are likewise
prayed for.
RESPECTFULLY SUBMITTED, this 24th day of November
2020 at Cotabato City , Philippines.

MOKAMAD AND ASSOCIATE LAW OFFICE

Barangay Bulalo, (Fronting Caltex Gas station)
Sultan Kudarat, Maguindanao
Email: mdmokamad2017@gmail.com

By:

ATTY. MARVIN D. MOKAMAD, CGM

Roll No. 70645
IBP No. 097693, January, Pasig City
PTR No. 6631029, Cotabato City
MCLE Compliance No. VI-0028860

Copy furnished:

OFFICE OF REGIONAL DIRECTOR,

Police Regional Office-Bangsamoro Autonomous Region
Parang, Maguindanao

EXPLANATION

The foregoing Memorandum on Appeal will be served to the Regional

Police Office- BAR, and filed before the Honorable Office of the National
Police Commission, En-banc thru registered mail with return card because
of distance which makes personal service and filing impracticable.

7
ATTY. MARVIN D. MOKAMAD, CGM.