REPUBLIC OF THE PHILIPPINES

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
Davao Occidental Police Provincial Office
Poblacion, Malita, Province of Davao Occidental

POLICE REGIONAL OFFICE 11,

Complainant, ADMIN CASE No. PRO 11
AC No. 69-

- versus - For: Simple Neglect of Duty

_________________________,
Respondent.
x----------------------------------------------x

POSITION PAPER
(For the Respondent)
COMES NOW, Respondent, assisted by the undersigned counsel and unto
this Honorable Office, most respectfully submits this instant Position Paper, and
in support thereof, alleges: That –

THE PARTIES

Complainant Philippine National Police represented by the nominal

complainant, PCI _______________, Chief, PCID/RIDMD/INVEST. SEC,
is of legal age, Filipino, Police Officer and assigned at PNP Davao Occidental
Provincial Office Investigation and Detection Management Branch, Poblacion,
Malita, Davao Occidental and designated as Chief of the Investigation Branch,
where this Honorable Office can serve them copies of summons, orders and
other processes.

Respondent ____________________ is of legal age, Filipino and

assigned at Jose Abad Santos MPS, Caburan Big, Jose Abad Santos, Davao
Occidental where this Honorable Office can serve him copies of summons,
orders and other processes.

Respondent was required to submit his Position Paper, hence this

Position Paper.
Position Paper for the Respondent
PNP versus PO1 JR Emmanuel L. Leonor
Page 2 of 7

STATEMENT OF THE CASE

On June 11, 2018, the Davao Occidental Police Provincial Office issued a
Memorandum letter signed by _____________________, Provincial
Superintendent of DOCPIAS to conduct a Pro-Active Inspection at the 3rd and
4th Platoon of DOCPMFC thru electronic mail. That on June 18, 2018 at around
11:00 o’clock in the morning, the DOCPIAS Inspecting Tram led by SUPT
arrived at the Jose Abad Santos Municipal Police Station and immediately
conducted the PRO ACTIVE INSPECTION, checked the Attendances and the
“Tamang Bihis” of the PNP Personnel assigned at the JAS MPS.

That during the said Pro-Active Inspection, the DOCPIAS Inspecting

Team found out that one ___________________ was not wearing a belt on
his FSU Uniform. Immediately thereafter, the DOCPIAS Inspecting Team issued
a Delinquency report to _________________ for failure to wear said belt.

On June 26, 2018, the DOCPIAS Office issued a memorandum letter

requesting the respondent to submit his affidavit of explanation and as such
respondent submitted his affidavit of explanation. (Attached herewith as
Annex “A” is a copy of Respondent PO1 Leonor’s Affidavit to form
part of this Position Paper.)

That in the initial Evaluation Report submitted by DOCPIAS Office, they

recommended to refer this administrative case to the PIDMB DOCPPO for the
Pre-Charge Investigation in order to determine the infraction committed by
herein respondent for not wearing a belt to his FSU Uniform during the conduct
of the Pro-Active Inspection on June 18, 2018 at the Jose Abad Santos MPS for
alleged violation of Memorandum Circular No. 2016-002 and for Simple Neglect
of Duty.

On September 4, 2018, the nominal complainant, _____________,

Chief, PCID/RIDMD/INVEST. SEC, in behalf of the Philippine National Police
formally charged respondent __________________of Simple Neglect of
Duty pursuant to NAPOLCOM Memorandum Circular 2016-002 for failure to
Position Paper for the Respondent
PNP versus PO1 JR Emmanuel L. Leonor
Page 3 of 7

wear his belt during the Pro-Active Inspection conducted on June 18, 2018 at
the Jose Abad Santos MPS.

On November 12, 2018, Respondent submitted his answer and averred

that he underwent a series of check ups and laboratory tests due to some health
issues felt prior to the inspection on June 18, 2018. That the results showed that
respondent was found positive of Hepatitis A. That respondent failed to use his
belt during the Pro-Active Inspection on June 18, 2018 because the belt was lent
by the respondent to _________________ and such buckle of the belt was
lost last June 16, 2018. That respondent exerted his best efforts to find the lost
buckle and even tried to purchase a new buckle prior to the said inspection
despite his poor health and experience of excruciating pain at that time.

ISSUES

I. WHETHER OR NOT RESPONDENT IS GUILTY AS CHARGED IN

THE ABOVE-ENTITLED CASE?

II. WHETHER OR NOT RESPONDENT SHOULD SUFFER A HEAVY

PENALTY FOR AN UNINTENTIONAL INFRACTION?

DISCUSSIONS/ARGUMENTS

The respondent adopts his Answer and all the exhibits attached therein
which was previously submitted and/or filed to this Honorable Office. (Attached
herewith as Annex “A” with sub markings are a copy of the Answer a and all
the exhibits attached therein to form part of this Position Paper.)

In addition, the respondent further alleges that being diagnosed with

Hepatitis A took a toll on his health and concentration to perform his duties.
Respondent in this case exercised due diligence to perform his duties and to
comply with the requirements set for the use of the FSU uniform despite having
an illness that unfortunately prevented him to fully perform such duties.
(Attached herewith as Annex “B” is a copy of the Medical Certificate issued
by ____________________ to form part of this Position Paper.)
Position Paper for the Respondent
PNP versus PO1 JR Emmanuel L. Leonor
Page 4 of 7

In a Statement of ________________, it was also established that on

Sometime on June 14, 2018 at around 8:00 in the morning,
_______________ informed him that he has been diagnosed for Hepatitis A
Infection and was advised to rest for 14 days. (Attached herewith as Annex “C”
is a copy of _____________, to form part of this Position Paper.)

Respondent wanted to avail for sick leave considering such diagnosis but
however opted not to take a leave since __________ also informed him that
there will be a 3rd Month of 2nd Quarter of Pro-Active Inspection in the coming
days. In fact, he chose his duty over his health considering the security situation
the Province of Davao Occidental.

__________________ testified that he observed the physical

appearance and behavior of the respondent on June 14, 2018 and until the Pro-
Active Inspection on June 18, 2018. at that time, it seems respondent was very
yellowish and very weak. That respondent could hardly focus on a conversation.
On June 18, 2018, when the Pro-Active Inspection was conducted, respondent
was present but appear again to be yellowish and did not talk much to his fellow
Police Officer. P_______________ even heard respondent frequently
complain about pain in his body. Based on _________________
observations, respondent was very ill and could not very well attend to his
belongings and personal effects as he very distracted by pain and of being feeling
unwell.

Further,___________________ during the inspection observed

respondent looking for his clothes at his bunker but unfortunately the inspection
was immediate and abrupt. Respondent even exerted his best efforts to find the
Belt Buckle and join the ranks during the inspection despite his illness and
instead of resting.

It must be noted that a person having Hepatitis has its

symptoms that affect the wellbeing of the person specially his health
and concentration. Hepatitis A is a highly contagious liver infection caused
by the hepatitis A virus. The virus is one of several types of hepatitis viruses that
Position Paper for the Respondent
PNP versus PO1 JR Emmanuel L. Leonor
Page 5 of 7

cause inflammation and affect your liver's ability to function. Hepatitis A is

caused by a virus that infects liver cells and causes inflammation. The
inflammation can affect how your liver works and cause other signs and
symptoms of hepatitis A. 1

The initial symptoms of hepatitis A can include: (1) feeling tired and
generally unwell; (2) joint and muscle pain; (2) a mild fever – usually no higher
than 39C (102.2F); (3) Loss of appetite; (4) feeling or being sick; (5) pain in the
upper-right part of your stomach; (6) a headache, sore throat and cough; (7)
constipation or diarrhea; (8) a raised, itchy rash (hives).

In some cases, Hepatitis A isn't usually a serious illness, but in rare cases
it can cause the liver to stop working properly (liver failure). In addition to the
symptoms above, signs of liver failure can include: (a) sudden, severe vomiting;
(b) a tendency to bruise and bleed easily (for example, frequent nosebleeds or
bleeding gums); (c) irritability; (d) problems with memory and concentration;
and (e) drowsiness and confusion.

In the case of ROQUE C. FACURA and EDUARDO F. TUASON vs. Court

of Appeals2, the Supreme Court had the Occasion to define Simple neglect of
duty as the failure to give proper attention to a task expected from an employee
resulting from either carelessness or indifference.

Based on the above cited jurisprudence and the antecedent facts, the
elements of Simple Neglect of Duty are not all present in this case. Respondents’
actuations of not wearing a belt to his FSU Uniform was unintentional
considering he exerted his best efforts to find his lost Belt Buckle and even tried
to purchase another at a very distant place in Digos City despite his poor state
of health at that time of his illness up to the time of the inspection.

Respondent’s acts cannot also be deemed or equated as careless or

indifferent and without regard as to his duties and functions considering he
exerted all efforts to rectify the loss despite his health concern.

1
https://www.mayoclinic.org/diseases-conditions/hepatitis-a/symptoms-causes/syc-20367007
2
G.R. No. 166495, February 16, 2011
Position Paper for the Respondent
PNP versus PO1 JR Emmanuel L. Leonor
Page 6 of 7

Respondent exercised due diligence in performing his duties and

functions but unfortunately was not enough and was overpowered by pain,
fatigue and other serious health symptoms of having a communicable disease
like Hepatitis A that interfered with the performance of his duties.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Office that the above position paper be ADMITTED and the
Respondent __________________ be absolved from the Offense charged
or his penalty be mitigated considering that such infraction was neither
intentional nor habitual but for the reasons stated above.

Respondent further pray for such other reliefs and remedies proper under
the premises.

Submitted, Digos City for Malita, Davao Occidental, December 12, 2018.

By:

________________
Respondent

And Assisted By:

Copy Furnished:
Position Paper for the Respondent
PNP versus PO1 JR Emmanuel L. Leonor
Page 7 of 7

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
Republic of the Philippines)
Province of Davao del Sur )
City of Digos) S.S.
x------------x
I, ____________________ is of legal age, Filipino and assigned at
Jose Abad Santos MPS, Caburan Big, Jose Abad Santos, Davao Occidental,
Philippines, after having been duly sworn in accordance with law hereby depose
and say that:

1. I am the respondent in the above-entitled case;

2. I have caused the preparation of the foregoing Position Paper, have read
the contents thereof, and understood the same;
3. I attest that all the allegations contained therein are true and correct of
my personal knowledge and based on authentic records;
4. Further, I certify that I have not commenced any other action or court
proceeding involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency and there is no other pending
action involving the same issues and parties in said courts, tribunals,
agencies or offices;
5. Should I thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
court, tribunal, agency or office, I undertake to report that fact within five
(5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

______________ at Digos City, Davao del Sur, Philippines.

___________________
Affiant
Proof of Identity: ________________

SUBSCRIBED AND SWORN TO before me this _______________

at Digos City, Davao del Sur, Philippines, affiant exhibiting to me his
__________________ as competent proof of identity.