Republic of the Philippines

National Police Commission

PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICEBAR
Camp Salipada K Pendatun
Parang, Maguindanao

PHILIPPINE NATIONAL POLICE, Admin Case No. PRO BAR-013-0108-2020

Complainant

-versus- For: Grave Neglect of Duty(AWOL)

[Rule 21, Sec. 2 (C), Para 1(j)
PCpl Mhuctar U Saddae NAPOLCOM MC No. 2016-002]
Respondent

x-----------------------x

Report of Investigation

This pertains to the Administrative Summary Proceedings against the above-named

respondentsforGrave Neglect of Duty (AWOL) pursuant to Rule 21, Section 2 (C), Para 1
(j) ofNAPOLCOM MC No. 2016-002).

In the charge sheet dated December 16, 2019 the Chief, Pre-Charge Investigation
Section of the Regional Investigation and Detective Management Branch of Police Regional
Office BARMMcharged respondents, as follows:

“That the above–named respondent while being members of the Philippine National
Police, assigned at Lanao Del Sur PPOand within the disciplinary jurisdiction of the
Regional Director, PRO ARMM, did then and there, willfully, deliberately unjustified failed to
report for duty from August 6, 2018toOctober 12, 2018, incurring with a total of thirty (68)
working days of unauthorized absences without having filed the necessary application for
leave or secured the approval of the authorized official. That, despite the notices and
directives made by his present unit, above-named PNCO failed to inform his unit about the
reasons for his inability to report for duty..”[Charge Sheet, C, PCIS, RIDMD, and PRO ARMM, dated
December 16, 2019]

FACTS OF THE CASE

On, January 2019, the Chief, PCE, RIDMD received a memorandum with attached
supporting documents from the C RPRMD, requesting to conduct Pre-Charge The
investigation against the above-named PNCO pertaining to his AWOL.

Based on the records at hand, Investigation Report from OIC RIDMD dated October
15, 2019 submitted to this office states the following:

That, this pertains to the alleged absences of PCpl Mhuctar U Saddae formerly
assigned at Tawi-Tawi Police Provincial Office before being relieved and reassigned to
LDSPPO pursuant to Special Order Number 1033 dated August 6, 2018. However, PCpl
Saddae failed to report for duty from August 6, 2018 to October 12, 2018.
 As per record, on August 15, 2018, LDSPPO sent a radiographic message with cite
number LDSPP-DLOS-0815-18-01 to RD PRO ARMM, with a request to advice PCpl
Saddae to immediately report to LDSPPO, but to no avail.

Acting upon the continuous absences of subject PNCO, LDSPPOsent Notice to

Report on August 30, 2018 and September 12, 2018, respectively to Tawi-Tawi Provincial
Headquarters, directing PCpl Saddae to report for Accounting at Admin Branch LDSPPO to
avoid being marked AWOL, however, PCpl Saddae with no apparent reason still failed to
report at his present unit assignment.

On January 29, 2019, RIDMD received a memorandum with attached supporting

documents from the C, RPRMD, requesting the conduct of Pre-Charge Investigation against
PCpl Saddae for AWOL. Consequently, on August 23, 2019 RIDMD notified him to submit
answer/ comment on the administrative complaints lodged against him but failed to comply.

A. VERSION OF THE COMPLAINANT

Accordingly, respondent PNCO failed to report for duty from August 6, 2018 to
October 12, 2018, incurring a total of thirty (68) working days onward of unauthorized
absences without having filed the necessary application for leave or secured the approval of
the authorized official. That, despite the notices and directives made by his present unit,
above-named PNCO failed to inform his unit about the reasons for his inability to report for
duty. (Tab A- Charge sheet signed by PMAJ GIASON M BANIAGA C, PCIS on 16th December
2019)
That on August 23, 2019 RIDMD notified the concern PNCO to answer /comment on
the administrative complaints lodged to him but they failed to comply.
The following documents are the evidence of the complainant;

a. Formal Charge dated December 16, 2019 signed by PMAJ GIASON M

BANIAGA;
b. Pre –Charge Investigation Report against PCpl Mhuctar U Saddae dated
October 15, 2019;
c. Verification and certificate of Non-Forum Shopping signed by PMAJ GIASON
M BANIAGA on 15th day October;
d. Special Order 1033 / reassignment dated August 6, 2018;
e. Radiographic message cite number LDSPP-DLOS-08-15-18-01;
f. Two (2) Notice to Report dated September 12, 2018 and October 25, 2018;
g. Memo from Acting Provincial Director of LDSPPO dated September 3, 2018;
h. Pre- Charged Evaluation Approved by Acting Provincial Director LDSPPO
dated October 19, 2018 and
i. DPAR of Lanao Del Sur PPO from August 6, 2018 to October 12, 2018
signed and noted by C, PPHRDB.

B. VERSION OF THE RESPONDENTS

The undersigned Summary Hearing Officer summoned the respondent PNCO and
was notified of his administrative case and directed to submit his answer, containing a list of
witnesses to their individual addresses, if obtained, accompanied by documentary or other
evidence to support his defense within five (5) days upon receipt of the summon. [Summon
to Pat Al-Yasser D Seraddated May 10, 2019]

The respondent PNCO submitted his sworn affidavit answer and avers;

That, on February 15, 2020, he came to know about the administrative complaints
filed against him with case number PROBAR -013-0108-2020 for grave neglect of Duty for
failure to for duty from August 6, 2018 to October 12, 2018;

During the period lodged in the complaints, he was on duty at the Provincial Mobile
Force Company (PMFC) Bongao, Tawi-Tawi and was not aware of an order or different
assignment as he was hoping his job, conducting duties regularly;

He made these statements under oath and in good faith in order to establish the fact
that during the period lodged in the complaint, he was on duty at the Provincial Mobile
force Company (PMFC) Bongao Tawi-Tawi and was not aware of any order nor different
assignment as was doing my job, conducting duties regularly;

He executed this affidavit to attest to the truth of the foregoing facts based on
personal knowledge and authentic records for whatever purpose it may serve. [See attached
Sworn affidavit of PCpl Mhuctar U Saddae dated February 15, 2020]

ISSUE

“WHETHER OR NOT THERE IS SUBSTANTIAL EVIDENCE TO HOLD POLICE CORPORAL

MHUCTAR U SADDAE FOR GRAVE NEGLECT OF DUTY (AWOL) AFTER INCURRING A
TOTAL OF THIRTY SEVEN (68) DAYS OF CONSECUTIVE UNAUTHOIORZED ABSENCES”.

DISCUSSION

Neglect of Duty or Nonfeasance is the omission or refusal without sufficient excuse,

to perform an act or duty, which was the officer’s legal obligation to perform; implies a duty
as well as its breach and the fact can never be found in the absence of duty. It is serious
when peace officer willfully absent himself/herself from the office without having filed the
necessary application for leave or secured approval of the authorized an official for a period
of more than fifteen (15) days prior to the enjoyment of leaving
While Neglect of duty was defined by Rule 21, Section 1, Para 1, NAPOLCOM MC
2016-002 to wit;
“Neglect of duty is the omission or refusal, without sufficient excuse to
perform any act or duty, which it was the peace officer’s legal obligation to
perform, implies a duty as well as its breach and fact can never be found in the
absence of duty”.
When respondent was summoned by Chief, PCE, PRO BARMM through his last unit
assignment [ PCpl Mhuctar U Saddae of Lanao del Sur PPO] and was sent through
registered mail on August 23, 2019 for him to hear his side, he failed to submit the
required documents in support of his defense. It is just proper for the PCE, RIDMD to
resolve the case based on available records at hand.
When this case was brought for Summary Hearing which was duly received by the
undersigned on January 29, 2020 Respondent was summoned to submit his Answer at his
last given known address stated in the PPF on file (PCpl Mhuctar Serad U Saddae South
Ville, Upper Calarian Zamboanga City, and his last unit assignment Masiu MPS) he failed to
submit his answer on time.
On February 10 schedule the, a pre-hearing conference was scheduled but,
respondent manifest to submit his position paper but he submitted only its duly notarized
sworn affidavit on February 17, 2019 [see attached affidavit of explanation dated February
15, 2020]
The undersigned SHO accepted considering that to proceed with the hearing will
only delay the resolution of the case. While the PNP rules are designed to afford due the
process to the respondent, the people we serve likewise is afforded to the same right to
prevent manifest intention to delay the proceedings and resolutions of administrative cases
involving erring police personnel. The respondent in this the case was given them ample
opportunity to be heard in compliance with the cardinal rule in the disposition of
administrative cases, but this was clearly and manifestly waived by him;
As founded by the PCE-RIDMD, PRO ARMM, after a careful perusal of the records
of the case and thorough evaluation of the evidence adduced, the undersigned SHO finds
no compelling reason to disturb the findings that the respondent committed an act or
omission contrary to the existing rules and regulations of the PNP organization.

Weighing the evidence on record, the summary hearing officer finds that the amount
of evidence which a reasonable mind must accept as adequate to support a conclusion is
present and was established in the present case;

CONCLUSION

WHEREFORE, foregoing premises considered, the undersigned Summary Hearing

Officer hereby recommends that respondent PCpl Mhuctar U Saddae assigned with the
Lanao del Sur PPO for violation of Grave Neglect of Duty (AWOL) under Rule 21, Section
2(C), Para 1(j) of NAPOLCOM MC 2016-002with a penalty of 1 Rank Demotionpursuant
to Rule 22, Sec 2 para 3 (b) of NAPOLCOM MC 2016-002

SO RESOLVED.

Lanao Del Sur Police Provincial Office, Camp BagongAmaiPakpak, Marawi City,
Philippines,February 18, 2020

PMAJ ACHMAD A ALIBONGA

C, PCADB
Summary Hearing Officer