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Republic of the Philippines

NATIONAL POLICE COMMISSION


PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
QUEZON CITY POLICE DSTRICT
DISTRICT ANTI-ILLEGAL DRUGS SPECIAL OPERATION TASK GROUP
Camp Karingal, Sikatuna Village, Quezon City
Email: daid.qcpd@yahoo.com
In re Summary Proceedings
NCRPO-QCPD-AC No. 052-080516
For: Less Grave Neglect of Duty
(AWOL-June 11, 13, 14, 19, 20, 21
24, 26, and 28, 2015)

against
PO1 Dennis Abejero Marasigan
RPHAU, NCRPO
Respondent,
x--------------------------------------------x

REPORT OF INVESTIGATION
Herein respondent PO1 Dennis A Marasigan, formerly assigned at Police
Station # 6 (Batasan Police Station) of this District was administratively charged for
Less Grave Neglect of Duty defined and penalized under NAPOLCOM Memorandum
Circular 2007-001, committed as follows:
That the above said respondent while being an active member of the
PNP, assigned at Batasan Police Station (PS-6), QCPD and within the
disciplinary jurisdiction of the District Director, QCPD, did, then and there,
unjustifiably, absent oneself from duty on June 11, 13, 14, 19, 20, 21, 24, 26 and
28, 2015 without having filed the necessary application for leave or secured
approval from his superior officer.
Contrary to existing PNP laws and rules and regulations.
ANTECEDENT FACTS
This case was elevated purposely to determine the extent of administrative
liability of the respondent why he was not able to render his duty on the aforementioned
dates, without filing or securing official leave, or the approval of his immediate officer
prior to the alleged infraction to the rule.
Upholding the cardinal rule of due process, Summons/Notice was sent to P01
Dennis A Marasigan (PO1 Marasigan for brevity) on September 6, 2016, September
13, 2016 and September 23, 2016, appraising herein respondent of his rights and the
obligation to submit depositions to refute or affirm the allegations herein referred for
summary hearing.
Record shows that respondent PO1 Marasigan was a member of Police Station
6 (Batasan Police Station) and within the administrative jurisdiction of this District prior
its re assignment to the RPHAU, NCRPO.

The respondent allegedly commits nine (9) days unauthorized intermittent


absences on the stated dates in the charge sheet evidenced by PCEIB charge Sheet
dated August 18, 2016 and the Pre Charge Evaluation Report dated August 5, 2016 and
were subsequently marked as exhibit A and B respectively).
On the above mentioned scheduled hearings, herein respondent never bother
himself to attend the same for him to submit his ANSWER on the above administrative
complaint.
It is noteworthy, in an administrative proceeding, failure to submit his ANSWER is
an evident disregard to rules, regulations and authority of this office and should be
appreciated as an aggravating circumstance. No mitigating circumstance was alleged
and proven for herein respondent as result for his failure to show up and submit his
ANSWER.
Hence, having no evidence submitted or present to negate or to contradict the
result of the pre charge investigation, the undersigned relied on the documentary
evidence by the complaining party.
In administrative proceedings, the quantum of proof necessary for a
finding of guilt is substantial evidence or such evidence as a reasonable
mind may accept as adequate to support a conclusion. Complainants have
the burden of proving by substantial evidence the allegations in the
complaint.
ISSUE
WHETHER OR NOT respondent is guilty of Less Grave Neglect of Duty for
allegedly committing nine (9) days unauthorized intermittent absences and WHETHER
OR NOT respondent is guilty of the charged imputed against him in this administrative
proceeding.
DISCUSSION
The right to NOTICE and HEARING is essential to due process and its non
observance will as a rule invalidate the administrative proceeding. Persons are entitled
to be notified of any pending case affecting their interest so that, if they are minded,
they may claim the right to appear therein and present their side or refute the position of
the opposing parties. The essence of due process in an administrative proceedings is
the opportunity to explain ones side or a chance to seek reconsideration of the action or
ruling complained of.
Due process was inculcated when the respondent was given the necessary
summons and was given enough time to submit the necessary documents to support
the administrative case filed against him. Despite due notice, the respondent failed and
deliberately ignore the summons which is a clear manifestation of denial of the right to
present evidence and be heard. The undersigned will conduct the summary hearing
proceeding automatically based on the evidence submitted.
Under Rule 17, Section 3 of Memorandum Circular Number 2007-001 which
reads;

Failure of the respondent to file and ANSWER within the


reglamentary period shall be considered as a general denial of the
charges.
CONCLUSIONS
The purpose of an administrative proceeding is to protect the public service,
based on the time honoured principle that a public office is a public trust. Likewise, it is
worthy to note that in the police service, dedication is mandatory because it concerns
the general public.
As a police officer, he cannot just leave or abandon his office without authority
regardless of reason then later decide for himself when to come back. Police service
connotes a special branch that requires day to day duty to uphold peace and order.
This finds in NAPOLCOM MC # 95-017 which reads;
Whereas it is of judicial and public notice that the police service is a
special branch of government service and by its very nature is always and at
all times regarded as demanding and exacting profession.
Since the respondent has no evidence submitted or presented to negate or to
contradict the result of the pre charge investigation, the undersigned relied on the
documentary evidence presented by the complaining party, primarily on the PRE
CHARGE EVALUATION REPORT itself.
RECOMMENDATION
By failing to appear and comply with the orders and processes of the designated
summary hearing officer, clearly manifests the respondents intent to disrespect the duly
authorized authority.
WHEREFORE premises considered, the undersigned Summary Hearing Officer
respectfully recommends that the administrative penalty in its minimum period be
imposed, to suffer the penalty of suspension for a period of thirty-one (31) days
and/or forfeiture of salary.
ACCORDINGLY RECOMMENDED:
Resolved this 10th day of October 2016 at Camp Karingal, Sikatuna Village,
Quezon City.

JOHN WAYNE G VERZOSA


PSINSP
PNP
Summary Hearing Officer

Republic of the Philippines


NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
QUEZON CITY POLICE DSTRICT
DISTRICT ANTI-ILLEGAL DRUGS SPECIAL OPERATION TASK GROUP
Camp Karingal, Sikatuna Village, Quezon City
Email: daid.qcpd@yahoo.com
MEMORANDUM
FOR

The District Director


Camp Karingal, Sikatuna Village, Quezon City
(Attn: Chief, DPHRDD/D1)

SUBJECT

Resolution of Admin Case against PO1 Dennis A


Marasigan (RPHAU)

DATE

October 10, 2016

1. References:
a) Memorandum from Chief, District Personnel and Human Resource
Development Division dated August 24, 2016 designating PSINSP
JOHN WAYNE G VERZOSA as Summary Hearing Officer against PO1
Dennis A Marasigan (RPHAU) for Less Grave Neglect of Duty under
NCRPO-QCPD AC # 052-080516.
b) Approved Pre-Charged Evaluation Report from Chief, DIDMD and
signed by Acting District Director, QCPD dated 5 August 2016
2. Above references, pertains to the directive of Chief, DPHRDD/D1 directing
the undersigned as Summary Hearing Officer in the Administrative Case
against PO1 Dennis A Marasigan (RPHAU) for Less Grave Neglect of Duty
under NCRPO-QCPD AC # 052-080516.
3. Attached herewith and forming part of the above mentioned nineteen (19)
pages case folder are pieces of evidence consisting of three (3) pages of the
Report of Investigation of the Summary Hearing Proceedings and summons,
conducted by the undersigned last September 28, 2016.
4. Request Acknowledge receipt.

JOHN WAYNE G VERZOSA


Police Senior Inspector
Summary Hearing Officer