Report of Investigation/Resolution: National Capital Region Police Office

Republic of the Philippines
NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
Regional Intelligence Division
Camp BagongDiwa, Bicutan, Taguig City
PHILIPPINE NATIONAL POLICE,

Complainant,
-versus- Administrative Case No.

RIDMD-PCEIB No. 20190579
For: Less Grave Neglect of Duty
(AWOL-7 Days Intermittent Absences)
PCpl Mervin M Manalili
Respondent.
x-----------------------------------------------x
REPORT OF INVESTIGATION/RESOLUTION
This pertains to the Administrative Summary Proceedings against PCpl Mervin M

Manalili for alleged less grave neglect of duty arising from his seven (7) days
intermittent absences without official leave (AWOL) defined and penalized by
NAPOLCOM Memorandum Circular No. 2016-002.
BRIEF STATEMENT OF THE PROCEDURAL MATTERS UNDERTAKEN SUCH AS;
a. On July 4, 2020, a memorandum with subject Notice to Report was sent to

the Respondent’s last assignment at Pasay City Police Station, SPD and a
memorandum addressed to the Chief of Police of the same police station
requesting for the duty status of the respondent. After which, a copy of ODPMU
SPECIAL ORDERS NUMBER-SPD-SO-AWOL-2020-0001 were sent to SHO
stating that PCpl Mervin M Manalili, 265078 was placed on AWOL Status effective
January 2, 2020;
b. In compliance with the provision of due process dictated by NAPOLCOM

Memorandum Circular (NMC) NO. 2016-002, a Notice to Appear was sent to the
respondent’s last known address recorded in the PNP Personnel Accounting and
Information System (PAIS) which is PH 3C BLK14H LOT 29, Kaunlaran Village,
Caloocan City. Said notice was sent last July 20, 2020 via LBC Courier Service
with Tracking Number 1269-9305-6895. However, on July 23, 2020, LBC
Tracking System notified the SHO that recipient PCpl Manalili was not at home
and further stated that “We tried to deliver your shipment but house was
closed and no one was there.”
c. Pursuant to Rule 18, Section of NMC No. 2016-002 which states “SEC. 1.
To Whom and by whom served. – All notices and summons to the
respondent shall be served to the respondent in person by the process
server or by registered mail at his/her official station/last known place of
assignment or last known address as stated in his/her Personal Data
Sheet”, the SHO was constrained to submit this case for resolution in ex-parte
based on available records.
FACTS OF THE CASE
A. Allegation in the Charge Sheet, to quote:
“That while being a member of the PNP and within the disciplinary
jurisdiction of this Division, above-named respondent while assigned at RMFB,
NCRPO did then and there deliberately and willfully failed to report for duty from
September 1, 2, 3,4,9,13,and 17, 2019 or a total of 7 days of continuous
absences without having filed the appropriate leave or secure approval of
authorized official. Further, NMC 2016-002 Rule 21, Section 2 (b) para 1, sub.
Para (o) provides “absent oneself from office without having filed the necessary
application for leave or secured approval of the authorized official for a period of
more than three (3) days but not exceeding fifteen (15) days prior to the
enjoyment of the leave.”
Contrary to the existing PNP Laws, Rules and Regulations.”
B. VERSION OF THE RESPONDENT
Respondent despite due notice sent to him failed to appear and adduced
evidence in his favor.
ISSUES
Whether or not respondent is guilty of alleged less grave neglect of duty arising
from AWOL for seven (7) days intermittent absences.
DISCUSSIONS
Rendition of police duties are the primordial functions of all police officers.
Failure to perform such obligation would make the PNP personnel administratively liable
for neglect of duty which is the omission or refusal, without sufficient excuse, to perform
an act or duty, which it was the peace officer’s legal obligation to perform; it implies a
duty as well as its breach and the fact can never be found in the absence of duty.
It is obvious from the records that the respondent failed to render duty on
September 1, 2, 3,4,9,13,and 17, 2019 or a total of seven (7) days of incurred
absences. Considering that notices were duly sent from his last known assignment and
address on record at the Personnel Accounting Information System, substituted service
of summon was complete thereby gaining jurisdiction over his person. Hence, Sec. 3 of
Rule 17 of NMC 2016-002 will apply which states ”Section 3 Effect of Failure/Refusal
to File Answer – if the respondent fails or refuses to file an answer within the
period provided, he/she shall be considered to have waived his/her right to
submit the same and the case shall be decided based on available records.”
It must be stressed that the issuance of AWOL Status does not exonerate,
exculpate, nor render the administrative complaint filed by the Regional Mobile Force
Battalion moot. At the least, such Order is a mere confirmation of his neglect of duty
committed which gives rise to an administrative cause of action for the Regional
Director, NCRPO to exercise his disciplinary powers given to him by the NAPOLCOM
Memorandum Circular No. 2016-002. Hence, without any evidence that could favor the
respondent in his allegations, the SHO is left with no choice but to impose the proper
penalty commensurate to the offense he committed.
The government cannot be left in the lurch. Public service would suffer if the
position of a government employee, who just disappears without a word, where be left
vacant for an indefinite period of time. Public office requires utmost integrity and strictest
discipline. A public office is a public trust; and all public officers and employees must at
all times be accountable to the people, serve them with utmost responsibility, integrity,
loyalty and efficiency. Every public employee is bound to act primarily for the benefit of
the public. Consequently, respondent’s nonchalance with respect to his duties as a
police officer should not be countenanced.
WHEREFORE, premises considered, the undersigned SHO finds substantial

evidence against PCpl Mervin M Manalili for less grave neglect of duty (7 days AWOL)
and it is humbly recommended that the medium penalty of forty-five (45) days
suspension from the police service be imposed against him in the absence of any
aggravating and mitigating circumstances.
SO RESOLVED.
July 24, 2020, Pasay City, Philippines.
PLT DARWIN S INOCENTES

Summary Hearing Officer
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
SOUTHERN POLICE DISTRICT OFFICE
PASAY CITY POLICE STATION
MOA SUB-STATION 10
Seaside Boulevard, MOA Complex, Pasay City
MEMORANDUM
FOR : OIC, DPRMD
FROM : Summary Hearing Officer
SUBJECT : Transmittal of Case Folder of PCpl Mervin M Manalili
DATE : July 24, 2020
1. References:
a. Memo from C, DPRMD dated July 1, 2020 with same Transmittal of
Case Folder for the Conduct of Summary Hearing Proceeding; and
b. NMC 2016-002 and PNP MC 2016-062 dated October 3, 2016.
2. This pertains to the conduct of Summary Hearing Proceeding against PCpl

Mervin M Manalili for Less Grave Neglect of Duty (AWOL -7 Days) docketed under
RIDMD-PCENo. 20190579.
3. In view thereof, submitted herewith are the entire case records of PCpl
Mervin M Manalili consisting of fifty-one (51) pages including this covering memo and
the Report of Investigation penned by the undersigned.
4. For info.
DARWIN S INOCENTES
Police Lieutenant

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Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE,

-versus- Administrative Case No.

This pertains to the Administrative Summary Proceedings against PCpl Mervin M

BRIEF STATEMENT OF THE PROCEDURAL MATTERS UNDERTAKEN SUCH AS;

a. On July 4, 2020, a memorandum with subject Notice to Report was sent to

b. In compliance with the provision of due process dictated by NAPOLCOM

FACTS OF THE CASE

A. Allegation in the Charge Sheet, to quote:

Contrary to the existing PNP Laws, Rules and Regulations.”

B. VERSION OF THE RESPONDENT

WHEREFORE, premises considered, the undersigned SHO finds substantial

July 24, 2020, Pasay City, Philippines.

PLT DARWIN S INOCENTES

FOR : OIC, DPRMD

FROM : Summary Hearing Officer

SUBJECT : Transmittal of Case Folder of PCpl Mervin M Manalili

DATE : July 24, 2020

2. This pertains to the conduct of Summary Hearing Proceeding against PCpl

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