Abalos Answer

Republic of the Philippines
National Police Commission

PHILIPPINE NATIONAL POLICE
ORIENTAL MINDORO PROVINCIAL POLICE OFFICE
OFFICE OF THE SUMMARY HEARING OFFICER
Camp Efigenio C. Navarro
Calapan City
PSINSP TEOFILO B AWINGAN

Complainant
ADMIN Case No. PROMMRPAC-
-versus- 020-091017
For: Grave Misconduct (Evasion
through Negligence)
PO3 MARK ANTHONY ABALOS
Respondent
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
ANSWER
I. PO3 MARK ANTHONY ABALOS, of legal age, single,

Filipino, presently assigned at the Puerto Galera Municipal Police
Station, after having been sworn to in accordance with law hereby
depose and state:
1. I categorically deny the indictment against me for Grave

Misconduct under Rule 21, Section 2(c), paragraph 3(r) of
NAPOLCOM Memorandum Circular 2016-002 which states that
“commit any act or omission that constitutes a crime punishable
under the Revised Penal Code or special laws where the duration of
imposable penalty is imprisonment of not lower than six (6) months
and one (1) day.”
2. The incident arose when one MARLON UZARAGA

JENSEN allegedly stole P250.00 worth of softdrinks from Candava
Supermarket in Puerto Galera Oriental Mindoro on 05 July 2017 at
around 7:24 P.M. The following day, 06 July 2017, PO1 KRISKO
DEE C. ADAME as Investigator and PO2 JOEL MADERAZO as
Driver, proceeded to the Provincial Prosecutor’s Office in Calapan
City to submit the person of JENSEN for inquest proceedings.
3. I proceeded with ADAME and MADERAZO not as an

investigator on case but to perform my function as a Warrant and
Subpoena Officer of the Puerto Galera Municipal Police Station. As
such, I proceeded with the Regional Trial Court of Calapan City and
as a proof thereof I hereby attach copy of the 06 July 2017
Appearance issued by Atty. ENRICO P. MANTUANO II, Branch Clerk
of Court, Regional Trial Court, Branch 40, Calapan City, as ANNEX
“1.”
4. I am reiterating my 08 July 2017 Memorandum where I

stated that since I was busy working on 06 July 2017 as a Subpoena
and Warrant Officer, I was NOT informed that Investigator PO1
ADAME will indorse JENSEN to me. I would like to stress that I am
not responsible for the inquest of JENSEN.
5. Under the PNP Handbook, PNPM-DO-DS-3-2-13,

December 2013, the responsible officer during the inquest is the
concerned police officer pertaining to the investigator, thus:
RULE 21. INQUEST PROCEDURES

21.1 Commencement of Inquest
The inquest proceedings shall commence upon presentation
of arrested person and witness/es by the police officer before the
inquest prosecutor. The concerned police officer shall also submit
the following documents:
a. Affidavit of Arrest;
b. Statement(s) of the complainant(s);
c. Affidavit(s) of the witness(es) if any; and
d. Other supporting evidence gathered by law enforcement
authorities in the course of their investigation of the
criminal incident involving the arrested person.
21.2 Documents to be submitted
The investigator shall ensure that, as far as practicable, the
following documents shall be presented during the inquest
proceedings:
Xxx xxx xxx
d. Theft and Robbery Cases, Violation of the Anti-Piracy Law, and
Anti-Highway Robbery Law, ad Violation of the Anti-Fencing
Law
(1) List/Inventory of the articles and items subject of the
offense; and Statement of their respective value.
Xxx xxx xxx
6. In any event, the administrative charge presupposes that

the crime of Evasion through negligence under Article 224 of the
Revised Penal Code should have occurred in the first place in the
escape of one MARLON UZARAGA JENSEN.
7. The supervening event in the instant case can no longer

qualify JENSEN as a detention prisoner considering that no less than
the private complainant MELVYN CANDAVA MANONGSONG has
executed her SINUMPAANG SALAYSAY withdrawing the criminal
complaint she filed against JENSEN. Ms. MANONGSONG even
implored the Puerto Galera Municipal Police Station to withdraw the
case against JENSEN. He stated “aming ipinakikiuusap at ipinaaalam
sa Kagalang-galang na Himpilan ng Pulisya dito sa Bayan ng Puerto
Galera, Oriental Mindoro na huwag ng ituloy at itigil na ang pagdinig
sa aming habla at reklamo.” Copy of the SINUMPAANG SALAYSAY
of MANONGSONG is attached as ANNEX “2” to “2-A.”
8. Thus, to pursue the case and treat JENSEN as a

detention prisoner is an exercise in futility. There is no crime of theft
to speak of considering that the private complainant herself claimed
that the incident is “dulot lamang ng mga bagay bagay na aming hindi
napagkasunduan.” Considering that there is no crime committed, no
person could be held responsible therefor.
PRAYER
IN VIEW OF THE FOREGOING, it is respectfully prayed that

the instant administrative complaint against the undersigned BE
DISMISSED for lack of merit.
Other reliefs just and equitable under the premises are likewise
prayed for.
13 October 2017, Calapan City, Oriental Mindoro,

Philippines.

Respondent
Copy furnished:
PSINSP TEOFILO B. AWINGAN

Philippine National Police
Police Regional Office MIMAROPA
Oriental Mindoro Police Provincial Office
Poblacion, Puerto Galera
Oriental Mindoro
VERIFICATION
I, MARK ANTHONY ABALOS, of legal age, single, Filipino,

after having been duly sworn to in accordance with law, hereby
depose and state that I am the Respondent in the instant case and as
such, I caused the preparation of the foregoing Answer, which I have
read, and I hereby certify that the allegations therein are true and
correct based on our own personal knowledge and authentic records
on hand.
REPUBLIC OF THE PHILIPPINES)

CALAPAN CITY, OR. MINDORO ) S.S.
x-----------------------x
SUBSCRIBED AND SWORN to before me this 13 October

2017 at Calapan City, Oriental Mindoro, Philippines affiant-
respondent PO3 MARK ANTHONY ABALOS.
Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2017.

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Republic of the Philippines

National Police Commission

PSINSP TEOFILO B AWINGAN

I. PO3 MARK ANTHONY ABALOS, of legal age, single,

1. I categorically deny the indictment against me for Grave

2. The incident arose when one MARLON UZARAGA

3. I proceeded with ADAME and MADERAZO not as an

4. I am reiterating my 08 July 2017 Memorandum where I

5. Under the PNP Handbook, PNPM-DO-DS-3-2-13,

RULE 21. INQUEST PROCEDURES

6. In any event, the administrative charge presupposes that

7. The supervening event in the instant case can no longer

8. Thus, to pursue the case and treat JENSEN as a

IN VIEW OF THE FOREGOING, it is respectfully prayed that

13 October 2017, Calapan City, Oriental Mindoro,

PO3 MARK ANTHONY ABALOS

PSINSP TEOFILO B. AWINGAN

I, MARK ANTHONY ABALOS, of legal age, single, Filipino,

PO3 MARK ANTHONY ABALOS

REPUBLIC OF THE PHILIPPINES)

SUBSCRIBED AND SWORN to before me this 13 October

Doc. No. ______;

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