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    PLT OXINA May 31, 2019 For Criminal Case Numbers 627-V-18, 674-V-18, 676-V-18

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    Byron Melad
    The document is a memorandum regarding a pre-charge investigation of PLT Michael V Oxina for failing to appear and testify in court on May 31, 2019. The investigator found that PLT Oxina had provided a valid justification and supporting documents showing he was undergoing field training on that date. As such, the investigator recommends dropping the case against PLT Oxina for lack of probable cause. The district director must now approve or disapprove this recommendation.

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    PLT OXINA May 31, 2019 For Criminal Case Numbers 627-V-18, 674-V-18, 676-V-18

    Uploaded by

    Byron Melad
    175 views2 pages
    The document is a memorandum regarding a pre-charge investigation of PLT Michael V Oxina for failing to appear and testify in court on May 31, 2019. The investigator found that PLT Oxina had provided a valid justification and supporting documents showing he was undergoing field training on that date. As such, the investigator recommends dropping the case against PLT Oxina for lack of probable cause. The district director must now approve or disapprove this recommendation.

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    PLT OXINA May 31, 2019 for Criminal Case Numbers 627-V-18, 674-V-18, 676-V-18.docx

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    The document is a memorandum regarding a pre-charge investigation of PLT Michael V Oxina for failing to appear and testify in court on May 31, 2019. The investigator found that PLT Oxina had provided a valid justification and supporting documents showing he was undergoing field training on that date. As such, the investigator recommends dropping the case against PLT Oxina for lack of probable cause. The district director must now approve or disapprove this recommendation.

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    Download as docx, pdf, or txt
    175 views2 pages

    PLT OXINA May 31, 2019 For Criminal Case Numbers 627-V-18, 674-V-18, 676-V-18

    Uploaded by

    Byron Melad
    The document is a memorandum regarding a pre-charge investigation of PLT Michael V Oxina for failing to appear and testify in court on May 31, 2019. The investigator found that PLT Oxina had provided a valid justification and supporting documents showing he was undergoing field training on that date. As such, the investigator recommends dropping the case against PLT Oxina for lack of probable cause. The district director must now approve or disapprove this recommendation.

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    You are on page 1of 2

    Republic of the Philippines

    NATIONAL POLICE COMMISSION


    PHILIPPINE NATIONAL POLICE
    NATIONAL CAPITAL REGION POLICE OFFICE
    NORTHERN POLICE DISTRICT OFFICE
    Tanigue Street, corner Dagat-Dagatan Avenue, Caloocan City

    MEMORANDUM

    FOR : District Director, NPD

    SUBJECT : Pre-Charge Investigation Report against PLT MICHAEL V


    OXINA for Grave Neglect of Duty (Failure to Appear and Testify
    in Court on May 31, 2019 for Criminal Case Numbers 627-V-18,
    674-V-18, 676-V-18)

    DATE : November 12, 2019

    I. AUTHORITY:
    1. References:
    a. Memo from ARD, NCRPO with subject 1 st and Final Tracer re Conduct
    of Pre-Charge Evaluation and Investigation on E-Subpoena Database
    Report on Failure to attend Court Hearing;
    b. E-Subpoena Database Report;
    c. NAPOLCOM Memorandum Circular No. 2016-002; and
    d. Other pertinent documents.

    II. MATTERS TO BE INVESTIGATED:

    2. This pertains to E-Subpoena Database Report wherein the subject PCO


    failed to appear and testify in the court hearing on May 31, 2019 for Criminal Case
    Numbers 627-V-18, 674-V-18, 676-V-18.

    III. FACTS OF THE CASE:

    3. On August 21, 2019, a memorandum was sent to the respondent


    directing him to submit an explanation to refute or justify the allegation against him.

    4. Respondent claimed that on May 31, 2019, as a Newly Appointed Police


    Commissioned Officer (NAPCO), he undergone Field Training Program “Patrol Phase”
    at Airport PCP-9, Pasay City Police Station evidenced by the attached Duty Detail dated
    April 16, 2019 under Special Order Number 19-052B. After learning about the Notice of
    Explanation, he immediately appeared at RTC 284, Valenzuela City to verify the status
    of the Criminal Case Nos. 627-V-18, 674-V-18, 676-V-18 wherein it shows that SACP
    VILLANUEVA manifested that the next witness is PLT MICHAEL V OXINA on May 31,
    2019 at 8:30AM. It appears on the records that the intended Subpoena dated May 17,
    2019 has no Acknowledgment/Received indicated therein and same received only on
    June 7, 2019 which is practically beyond the scheduled hearing. On June 19, 2019, PLT
    OXINA appeared and testified in Court and the parties agreed to enter into stipulations
    regarding his testimony and the Court ordered that the testimony of PLT OXINA was
    dispensed.

    IV. DISCUSSION/CONCLUSION

    Page 1 of 2
    5. Brief Discussion of the Specific Provision of the NAPOLCOM
    Memorandum Circular 2016-002:

    “Rule 21, Sec 2 (C), sub-para (i) states “fail to appear and testify,
    without justifiable excuse, in court, prosecutor’s office, the PNP
    disciplinary authorities, appellate bodies, the IAS or any other quasi-
    judicial body when notified or subpoenaed as witness. If his non-
    appearance resulted in the dismissal of the case or the acquittal of
    the accused; or when he is the principal witness or the arresting
    officer, the penalty of dismissal from the service shall be imposed”.

    6. The explanation of PLT MICHAEL V OXINA can be considered as


    justifiable and valid and his assertions are supported by supporting documents.

    V. RECOMMENDATION:

    7. WHEREFORE, this office recommends that the instant case against


    PLT MICHAEL V OXINA be dropped and/or closed for lack of probable cause.

    Recommended by:

    Alex-Joseph DC Brillantes
    Police Staff Sergeant
    Pre-Charge Evaluator

    Noted and Reviewed by:

    ROMMEL C LABALAN
    Police Major
    Deputy Chief, DIDMD-NPD/
    Chief, PCEIS

    Approved/Disapproved:

    RONALDO GENARO E YLAGAN


    Police Brigadier General
    District Director

    Page 2 of 2

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