ROI and Decision For Alquisar Latest
ROI and Decision For Alquisar Latest
ROI and Decision For Alquisar Latest
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DECISION
After perusal of available records, it shows that on September 27, 2019 about
9:00 O’clock in the evening, along National Highway, Sitio Minolo, Barangay San Isidro,
Puerto Galera, Oriental Mindoro the complainant and respondent had a Road Rage
which resulted to heated confrontation. Accordingly, the complainant was riding his
motorcycle going to Barangay San Isidro, Puerto Galera, Oriental Mindoro to fetch his
wife and upon reaching Sitio Minolo of the said barangay he noticed the respondent
with a back ride on board a motorcycle at the middle of the road then reduced speed
and honked his horn as a signal that he was coming. Likewise, complainant said to the
respondent “ makakadisgrasya kayo eh, kung mag-iinom ay yong kaya”.
In the aforesaid facts, the complainant was the first one to approach and caution
the respondent about the manner of driving to avoid accident and presumed that the
latter was under the influence of intoxicating liquor during that time.
Available pieces of evidence presented revealed that the respondent identified
himself as member of the PNP while having a heated confrontation against the
complainant. As to the allegation of the complainant that the respondent was drunk or
under the influence of liquor, the records finds no merit and that claim is purely
suspicion. Thus, the statement of the respondent that he is not drunk during the time of
incident supported with the Copy of Electrocardiography Report, Certification of PEMS
DOMINGO P CAMORAL, MESPO of Puerto Galera MPS and corroborated with the
Sworn Statement of witnesses James Mico Garcia y Ramos and Edwin Evangelista y
Sandoval are convincing.
Concerning the contention of the complainant that PSSg Alquisar drew a gun
from his waist and uttered “bakit, anong problema mo” then pointed it to the complainant
and asked the respondent PSSg Alquisar “bakit mo ako babarilin” but the companion of
the latter pacified him were doubtful. It is noteworthy that the complainant failed to
disclose even a mere description of a gun used by the respondent to threaten him as
well as his lone witness Gloria Pediego. Also, the complainant managed to ask the
respondent “bakit mo ako babarilin” while he is claiming that a gun is already pointed to
him. There is in serious doubt that the words of the complainant “bakit mo ako babarilin”
can be uttered by a victim who was threatened with a gun.
In Article 285 “Other Light Threats” of the Revised Penal Code provides that (b)
any person who, in the heat of anger, shall orally threaten another with some harm not
constituting a crime, and who by subsequent acts show that he did not persist in the
idea involved in his threat, provided that the circumstances of the offense shall not bring
it within the provisions of Article 282 of this Code.
Claiming Mitigating Circumstances, the Personal Data Sheet (PDS) issued by the
Regional Personnel and Records Management Division, PRO MIMAROPA was
scrutinized and further revealed that respondent rendered eleven (11) years and five (5)
months in the service, receive various awards and commendation and this charge was
the first case filed against him.
SO ORDERED.
REPORT OF INVESTIGATION
PREFATORY STATEMENT:
This pertains to the Administrative Case filed against PSSg Michael J Alquisar
with docket number ORMIN PPO 2020-002 for Simple Misconduct pursuant to Rule 21,
Section 2A, Paragraph 3(o) 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 one (1) day to thirty (30) days”.
b. The complainant, Cecill John Del Mundo Cruz together with his witness
Gloria Pediego, respondent PSSg Michal J Alquisar and representative from PIDMU
ORMIN PPO appeared for Pre-hearing Conference on June 4, 2020 at 9:30 in the
morning at Pinamalayan Municipal Police Station, Barangay Zone 3, Pinamalayan,
Oriental Mindoro. During the conduct of the Pre-Hearing Conference, on the side of the
complainant, the following documentary exhibits were marked:
1. Charge Sheet consisting of two pages marked as Exhibit “A”, Second
Page “A-1” Date signed by the Complainant/Representative “A-2” and Signature of the
Complainant/Representative “A-3.
5. Initial Evaluation Report Re: Complaint against PSSg Michael Alquisar for
alleged Simple Misconduct (Art. 285 of RPC-Other Light Threats) consisting of three
pages marked as Exhibit “E”- First Page, “E-1” Date of Memorandum, “E-2” Second
Page, “E-3” Third page , Signature of Pre-Charge Investigator “E-4”, Signature of OIC,
RIDMD “E-5” and “E-6” Signature of the Regional Director”.
7. Initial Evaluation Report Re: Complaint against PSSg Michael Alquisar for
Alleged Misconduct (Art 285 of RPC “Other Light Threats) consisting of two pages
marked as Exhibit “G’ ,Date of Memorandum “G-1”, Second Page “G-2”, signature of
Evaluator on Case “G-3”, and signature of Acting Provincial Superintendent, ORMDO
PIAS “G-4”.
8. Sworn Statement of the complainant Cecill John Cruz consisting of two (2)
pages marked as Exhibit “H”-First Page, “H-1”- Second Page, Signature of Cecill John
Cruz- ”H-2”, Date signed by the Administering Officer “H-3” and Deputy Provincial
Prosecutor HUMILITO A DOLOR “H-4”.
10. Photocopy of Barangay Blotter of San Isidro consisting of two (2) pages
marked as Exhibit “J”-First Page, “J-1”- Second Page.
11. Subpoena versus PSSg MICHEL J. ALQUISAR for Other Light Threats
docketed under Criminal Case No. CR-19-4352 marked as Exhibit “K, Signature of
Clerk of Court II “K-1”.
The respondent also submitted and marked the following documentary exhibits
for considerations:
7. Answer of PSSg Michael Alquisar for Simple Misconduct pursuant to Rule 21,
section 2A, Paragraph 3, (o) of NAPOLCOM Memorandum Circular No. 2016-002
consisting of three (3) pages marked as Exhibit “7” – First page, Second page “7-A”
Third Page “7-B”, date signed by respondent “7-C”, signature of PSSg J Alquisar
respondent “7-D” , date signed by subscribed officer “7-E” and signature of
Subscribed officer JIM C PANTALEON “7-F” .
On September 27, 2019 at about 9:00 PM, he was riding his motorcycle going to
Barangay San Isidro, Puerto Galera, Oriental Mindoro to fetch his wife. Upon reaching
Sitio Minolo of the said barangay, he noticed the two (2) persons on board a motorcycle
at the middle of the road . He reduced speed and honked his horn as a signal that he
was coming but when he was about to overtake, the motorcycle suddenly moved which
prompted him to stop in order to avoid collision. The complainant then said
“makakadisgrasya kayo eh, kong mag-iinum ay yong kaya”, but the driver, PSSg
Michael J Alquisar drew a firearm from his waist, pointed it to the complainant and
uttered “bakit” anong problema mo”. He asked PSSg Alquisar, “bakit mo ako babarilin”,
then the companion of the said policeman pacified him. The complainant also noticed
that PSSg Alquisar appeared to be under the influenced of intoxicating liquor. Further,
he averred that he filed a criminal complaint against PSSg Alquisar for Attempted
Homicide at Provincial Prosecutor’s Office docketed under I.S. Number NPS-IV-07A-
INV-19J-00185.
Further, complainant supported his allegation with the Sworn Statement of his
lone witness Gloria Pediego, Copy of Barangay Blotter, Resolution of the Prsosecutor
indicting the respondent for the crime of Other Light Threats (Article 285 of RPC). Also,
he claim that probable cause was established by the Chief, PIDMU, thus, warranting
the conduct of summary procedure against the respondent for “Simple Misconduct”.
In addition, complainant claim that the respondent admitted that he indeed was
riding a motorcycle and running in the area of Sitio Minolo, Barangay San Isidro,Puerto
Galera, Oriental Mindoro when he reduced speed causing him to be in a slumping
position.
More, complainant insisted that he would not put into writing and have his
complaint blotter at theBarangay Office and eventually, filed before the office of the
Provincial Prosecutor and the Oriental Mindoro Provincial Police Office if it was not true.
Complainant, as well as his witness, is not actuated by any ill motives to fabricate a
complaint against the respondent. Except for this case, the complainant has not filed
any complaint against anyone and he has no derogatory record in the court of law even
in the barangay.
Again, complainant added on his version that the respondent would have been
ready to present his witnesses even during Pre-hearing Conference for corroboration of
his defense, however, he fails to do so. Thus, his defense should be considered as a
pure denial.
On September 27, 2019 at around 9:00 O’clock in the evening, while the
respondent was driving his motorcycle with James Mico Gofarcia y Ramos,28 years
old, married, and a resident of Barangay San Isidro, Puerto Galera, Oriental Mindoro, as
back ride, along the National Highway located at Sitio Minolo, Barangay San Isidro,
Puerto Galera, Oriental Mindoro, going home, respondent give a signal in turning right
direction in order to avoid an accident because there was a speeding motorcycle in the
opposite direction but the respondent instead of turning right he slowly go straight away
and giving signal that he is turning left in order for them to return to the road in going
home but they met the complainant Cecill John Cruz riding his motorcycle who uttered
at top of the voice “PUTANG INA N’YO SAGASAAN KO KAYO MGA HAYOP KAYO,
NAGMAMADALI AKO”. Respondent introduced himself as member of the Philippine
National Police but again the complainant uttered at the top of his voice with the words
“ANONG KLASI KANG PULIS, GAGO KA PALA EH, PULIS KA LANG” then Cecill
John Cruz go away.
Respondent witnesses Edwin S Evangelista who was his back ride during the
incident and Edwin S Evangelista corroborated his claims. Likewise, respondent
insisted that the complainant tend to harass him because of the desire to see him
experience pain, injury, or distress after he had been reprimanded in check points for
over speeding and disregarding traffic signs and that Puerto Galera MPS had filed
against the relative of Cecill John Cruz.
Respondent claims that he is not drunk during the incident because he never
take any liquor, wine or beverages as strictly prohibited by his doctor due to his heart
disease, the fact known to other PNP personnel in his present and previous
assignments. Further, he submitted a copy of Electrocardiography Report and
Certification of PEMS DOMINGO P CAMORAL, MESPO of Puerto Galera MPS.
The respondent averred that he came from Lanao del Norte and he spoke “sawit”
tagalog and some persons suspected him to be drunk. Then, he vehemently deny to
carry any firearm while not in uniform or in civilian attire for this is strictly prohibited.
Clearly, respondent attached his Personal Data Sheet (PDS) issued by the
Regional Personnel and Records Management Division, PRO MIMAROPA to prove that
he was eleven (11) years and five (5) months in the service, receive various awards and
commendation and this charge was the first case filed against him.
In relevance, respondent argued that Rule 21, Section 2A, paragraph 3(0) of
NAPOLCOM MC 2016-002 provides that respondent commit any act or omission
implies that the court having jurisdiction to tried respondent never arraigned the herein
respondent guilty of any crime or offense. Also, the court who has an exclusive
jurisdiction to tried respondent never arraigned him nor declared guilty of any crime or
offense.
ISSUE TO BE RESOLVED:
After perusal of available records, it shows that on September 27, 2019 about
9:00 O’clock in the evening, along National Highway, Sitio Minolo, Barangay San Isidro,
Puerto Galera, Oriental Mindoro the complainant and respondent had a Road Rage
which resulted to heated confrontation. Accordingly, the complainant was riding his
motorcycle going to Barangay San Isidro, Puerto Galera, Oriental Mindoro to fetch his
wife and upon reaching Sitio Minolo of the said barangay he noticed the respondent
with a back ride on board a motorcycle at the middle of the road then reduced speed
and honked his horn as a signal that he was coming. Likewise, complainant said to the
respondent “ makakadisgrasya kayo eh, kung mag-iinom ay yong kaya”.
In the aforesaid facts, the complainant was the first one to approach and caution
the respondent about the manner of driving to avoid accident and presumed that the
latter was under the influence of intoxicating liquor during that time.
Available pieces of evidence presented revealed that the respondent identified
himself as member of the PNP while having a heated confrontation against the
complainant. As to the allegation of the complainant that the respondent was drunk or
under the influence of liquor, the records finds no merit and that claim is purely
suspicion. Thus, the statement of the respondent that he is not drunk during the time of
incident supported with the Copy of Electrocardiography Report, Certification of PEMS
DOMINGO P CAMORAL, MESPO of Puerto Galera MPS and corroborated with the
Sworn Statement of witnesses James Mico Garcia y Ramos and Edwin Evangelista y
Sandoval are convincing.
Concerning the contention of the complainant that PSSg Alquisar drew a gun
from his waist and uttered “bakit, anong problema mo” then pointed it to the complainant
and asked the respondent PSSg Alquisar “bakit mo ako babarilin” but the companion of
the latter pacified him were doubtful. It is noteworthy that the complainant failed to
disclose even a mere description of a gun used by the respondent to threaten him as
well as his lone witness Gloria Pediego. Also, the complainant managed to ask the
respondent “bakit mo ako babarilin” while he is claiming that a gun is already pointed to
him. There is in serious doubt that the words of the complainant “bakit mo ako babarilin”
can be uttered by a victim who was threatened with a gun.
In Article 285 “Other Light Threats” of the Revised Penal Code provides that (b)
any person who, in the heat of anger, shall orally threaten another with some harm not
constituting a crime, and who by subsequent acts show that he did not persist in the
idea involved in his threat, provided that the circumstances of the offense shall not bring
it within the provisions of Article 282 of this Code.
FINDINGS/CONCLUSIONS:
RECOMMENDATION:
LEO P DACAYANAN
Police Lieutenant
Summary Hearing Officer