IN RE: ADMINISTRATIVE PROCEEDINGS

Admin Case No RIASNCR- MP- ADM-17-00388

Against FOR: Grave Misconduct

(PNPM-DO-05- 13, Sec 2, Rule 8)

PO2 Harold Catarungan and

PO1 Bernardo Guzman, Las Pinas CPS- SPD
Respondents

RESOLUTION

This is regarding the administrative case file against PO2 Harold Catarungan and PO1 Bernardo
Guzaman of Las Pinas CPS- SPD, for alleged Grave Misconduct (PNPM- DO- 05- 13, Sec 2, Rule 8.

As averred by the respondents in their affidavits, the facts are as follows: while conducting
Oplan Sita they received a call that a shooting incident has occurred and was advised that the persons
involved were 2 male factors on a single motorcycle. The respondents while conducting said Oplan
noticed 2 persons on board a motorcycle, the passenger had no helmet on. The respondents flagged
down the said persons however they did not heed and went faster so the respondents chase them. After
which the said 2 men drew their gun and fired at the police officers, who as an instant reaction fired
back which caused the death of the 2 men.

The claims of the respondents are supported by the affidavits of 2 witnesses, stating that the 2
men were the ones who first shot at the police officers. Attached as annex _______________.

The issue to be resolved in the case presented is whether or not the police men committed
Grave Misconduct (PNMC- DO- 05- 13, Sec 2, Rule 8).

After careful perusal of the case records this Summary Proceedings Officer is not convinced that
the respondents have committed the alleged Grave Misconduct. There is no ground to believe that the
shooting and the death of the 2 men were the result of the employment of unreasonable force on the
part of the respondents in violation of the abovementioned Rule. As per PNMC- DO- 05- 13, sec 2, Rule
8, it is stated that During an armed confrontation only such necessary and reasonable force should be
applied as would be sufficient to overcome resistance put up by the offender; Further it states that A
Police Officer is not required to afford a person attacking him the opportunity for a fair and equal
struggle. His duty requires him to overcome his opponent. Considering the fact that the respondents
were fired at by the men after being chased for a reasonable cause, it can be said that the respondents
have applied reasonable force by firing back at the men. They have perfectly complied with the
provisions of the Rule.

WHEREFORE premises considered, it is recommended that PO2 Harold Catarungan and PO1
Bernardo Guzman all of Las Pinas CPS- SPD, be exonerated for the alleged Grave misconduct, for they
only administered reasonable force in firing back even though it caused the death of the men. They only
did what was asked of them by their duty, hence they did not violate any provision of the law. It would
be unfair to hold a police officer liable for the death or injury of an opponent if he is only acting in the
fulfillment of his duty.