Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 5
Regional Investigation and Detective Management Division
Camp Gen Simeon A Ola, Legaspi City, Albay
MEMORANDUM
FOR
: C, RIDMD
FROM
: C, PCEIS
SUBJECT : Initial Evaluation Report against Pat Juan Dela Cruz
DATE
1.
: June 16, 2022
References:
a. PNP Command Memorandum Circular 2021-019 (Providing for
Expeditious Resolution of Cases against the PNP Personnel Found
Positive for Drug Use; thus, Repealing PNP MC No. 2016-057 and
Amending Certain Provisions of PNP MC No. 2016-062);
b. NAPOLCOM Memorandum Circular No. 2016-002 (Revised Rules of
Procedures before the Administrative Disciplinary Authorities and the
Internal Affairs Service of the Philippine National Police);
c. PNP Memorandum Circular 2016-062 (PNP Comprehensive Internal
Disciplinary Mechanism); and
d. Investigation Report dated May 1, 2022 (herein attached as Tab “A”).
2. This pertains to the random drug testing conducted on May 1, 2022 by the
Regional Forensic Unit 5 (RFU 5) to all personnel assigned at Headquarters, Police
Regional Office 5 (PRO 5). Screening and confirmatory tests conducted on the
specimen taken from Patrolman Juan Dela Cruz (Pat Dela Cruz for brevity) gave
POSITIVE result for the presence of Metamphetamine, a dangerous drug. (RFU 5
Chemistry Reports herein attached as Tab “B”.)
3. Pat Dela Cruz was assigned at Headquarters, PRO 5, Camp Gen Simeon
A Ola, Legaspi City, Albay and was among the 120 personnel of the said Office that
was subjected to random drug testing.
4. RFU 5 through a memorandum dated May 5, 2022, endorsed to the
Regional Director, PRO 5 the drug test result of Pat Dela Cruz and upon receipt of
which, Pat Dela Cruz was duly notified on May 6, 2022, that he may challenge the
same within 15 calendar days. However, the period within which to challenge the
positive drug test had elapsed and no action was ever taken by him. (Memorandum
herein attached as Tab “C”)
5. Report also shows that from the time Pat Dela Cruz received the drug test
result, he did not report to office the following day and continue to incur unauthorized
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absences for a continuous period of 30 calendar days. Notices were sent by his
present Office ordering Pat Dela Cruz to report for work, but the directives went
unheeded. (Investigation Report and Daily Personnel Accounting Report hereto
attached as Tab “D”)
6.
NAPOLCOM MC 2021-019, Paragraph 6, sub paragraph f and g, states
that:
f. If confirmed positive after confirmatory test, the same shall be
prima facie evidence that such person has used dangerous
drugs, which is without prejudice to the prosecution for other
violation of the provision of RA No. 9165.
g. Any PNP personnel found positive for the use of drugs after
confirmatory test shall be charged with administratively for
Conduct Unbecoming of a Police Officer pursuant to NMC No.
2016-002 for uniformed personnel and Grave Misconduct for
NUP pursuant to Civil Service Commission's RACCS without
prejudice to the filing of appropriate criminal charge/s under RA
No. 9165 and other pertinent laws.
7. Thus, after careful evaluation, Pat Dela Cruz being found positive for the
use of drugs after confirmatory test should be administratively charged for Conduct
Unbecoming of a Police Officer, pursuant to NAPOLCOM Memorandum Circular
No. 2016-002, Rule 21, Section 1 (item 5) “any act or behavior of a police officer,
irrespective of rank, done in his official or private capacity which, in dishonoring or
disgracing himself as a police officer, seriously compromises his character and
standing in the PNP in such a manner as to indicate vitiated or corrupt state of moral
character which shows his unworthiness to remain in the police service”.
8. Also, Pat Dela Cruz violated the existing policies, rules and regulations
penalized under NAPOLCOM Memorandum Circular No. 2016-002 particularly Rule
21, Sec. 2, Para C, Sub Paragraph 1 (j) which states that; “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 fifteen (15) days prior to the enjoyment of
the leave” and falls under Grave Neglect of Duty.
9. Based on the aforementioned facts and circumstances, the undersigned
finds that a probable cause exists and that there is a sufficient ground to hold the
aforementioned PNCO for a Summary Hearing Procedure. The facts and pieces of
evidence on record has engendered a reasonable belief that Pat Dela Cruz committed
the act complained of and that there are sufficient pieces of evidence to support a
formal administrative complaint against him.
10. No less than the Constitution mandates that a public office is a public trust
and public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives. (Article XI, Section 1 of the 1987
Philippine Constitution)
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11. The range of the penalty imposable for Grave Offenses under Rule 22,
Sec. 2 of NAPOLCOM MC No. 2016-002 is a) Sixty (60) days to Six (6) months
suspension (minimum); b) One rank demotion (medium); and c) Dismissal from the
service (maximum). Verily, RD, PRO 5 has jurisdiction to hear and decide on the
matter in reference to Rule 4, Section 1 (c) of NAPOLCOM MC No. 2016-002, which
provides that breach of internal discipline shall be brought before the following
disciplinary authority:
Regional Directors or Equivalent Supervisors where the
imposable penalty is dismissal from the service; admonition or
reprimand; restrictive custody; withholding of privileges;
suspension or forfeiture of salary; demotion; or any combination of
the foregoing: Provided, that in all cases, the total period shall not
exceed sixty (60) days. (Underlining ours)
12. In view of the foregoing, it is hereby recommended that:
a. That a Pre-Charge Investigation be conducted against Patrolman Juan
Dela Cruz to determine whether there is probable cause to warrant the
filing of a formal charge for Conduct Unbecoming of a Police Officer
pursuant to NAPOLCOM Memorandum Circular No. 2016-002, Rule 21,
Section 1 (item 5) “any act or behavior of a police officer, irrespective of
rank, done in his official or private capacity which, in dishonoring or
disgracing himself as a police officer, seriously compromises his
character and standing in the PNP in such a manner as to indicate
vitiated or corrupt state of moral character which shows his unworthiness
to remain in the police service”; and for Grave Neglect of Duty pursuant
to NAPOLCOM Memorandum Circular No. 2016-002 particularly Rule
21, Sec. 2, Para C, Sub Paragraph 1 (j) which states that; “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 fifteen (15) days prior to the enjoyment of the leave”; and
b. That the conduct of Pre-Charge Investigation against the subject PNCO
be referred to the Regional Director, having jurisdiction over the said
case being the appropriate disciplinary authority on Grave Offenses.
13. Further, requests approval of paragraph 12 (a and b) above pursuant to
para C (Coordinating Instruction), sub-paragraph 1 [b] (Delegation of Authority) of PNP
MC No. 2016-062 dated October 3, 2016 re: PNP Comprehensive Internal Disciplinary
Mechanism, which reads: “The DIDM or its equivalent office in PROs/NSUs and IAS
shall be the approving authority of the Complaint Evaluation Report.”
Respectfully submitted by:
PSSg Lester D Caigas
Complaint Evaluator
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RECOMMENDING APPROVAL:
____________________________
PMAJ SAWIDEN Q NOR
Chief, PCEIS
APPROVED/DISAPPROVED:
________________________
PCOL RANIE P HACHUELA
Chief, RIDMD
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Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 11
Regional Investigation and Detective Management Division
Camp Sgt Quintin M Merecido, Buhangin, Davao City
This assignment during the Seminar Workshop on Administrative Disciplinary
Machinery held last June 15, 2022 is submitted by personnel of the Regional
Investigation and Detective Management Division (RIDMD) of Police Regional Office
11 (PRO 11), namely:
1. PCOL RANIE P HACHUELA
2. PMAJ SAWIDEN Q NOR
3. PSSg Lester D Caigas
-
Chief, RIDMD 11
Chief, PCEIS
Investigator II, PCEIS
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