Republic of the Philippines National Police Commission PHILIPPINE NATIONAL POLICE NATIONAL CAPITAL REGION POLICE OFFICE QUEZON

CITY POLICE DISTRICT Camp Gen. Tomas Karingal, Sikatuna Village, Quezon City MEMORANDUM FOR THRU : District Director : DDDA ________________ DDDO ________________ CDDS ________________ : Summary Hearing Proceedings re: Admin Case against PO2 Dennis B Delima for Simple Neglect of Duty (Absent for three (3) days)

SUBJECT

DATE : ================================================================ 1. Reference: Resolution signed by PSI RODERICK G MEDRANO Summary Hearing Officer, QCPD dated March 16, 2012. 2. Above reference pertains to the Administrative Case No. QCPD 72-12-142011 for Simple Neglect of Duty (Absent for three (3) days) defined and penalized under RA 6975 as amended by RA 8551 NAPOLCOM Memo Circular No. 2007001.The charge sheet reads. That the subject PNCO while being an active member of the PNP assigned at QCPD and within the disciplinary jurisdiction of DD, QCPD did then and there, willfully and unjustifiably fail to report for duty without filing the necessary application for leave nor securing approval of the authorized official on March 1, 2011, March 3, 2011, and March 5, 2011 incurring a total of three (3) days intermittent Absences Without Official Leave, a violation defined and penalized under NAPOLCOM Memo No. 2007-001 of Rule 21, Section 2A, para 1, sub-para (f), which reads; absent oneself from office without having filed the necessary application leave or secured the approval of the superior officer for a period not exceeding three (3) days in a month. 3. After the requisite proceedings, the Summary Hearing Officer finds no substantial evidence against PO2 Dennis B Delima for Simple Neglect of duty (AWOL). The dispositive portion of his Resolution reads: Wherefore base on the foregoing, the undersigned SHO reprimands the respondents and will be given a STERN WARNING that a petition of a similar act will be dealt with severely. 4. 5. Decision. Recommend for the approval of, and signature on, the attached prepared

ATTY NICASIO M SALAMERA

Police Superintendent District Legal Officer

Republic of the Philippines National Police Commission PHILIPPINE NATIONAL POLICE NATIONAL CAPITAL REGION POLICE OFFICE QUEZON CITY POLICE DISTRICT Camp Gen. Tomas Karingal, Sikatuna Village, Quezon City

Quezon City Police District, Complainant, versus Adm. Case No.72-12-14-2011 For: Simple Neglect of Duty (Absent for three (3) days)

PO2 Dennis B Delima Respondent. x--------------------------------------x DECISION This pertains to the administrative summary proceedings against PO2 Dennis B Delima for Simple Neglect of Duty (Absent for three (3) days) defined and penalized under NAPOLCOM Memo Circular No. 2007-001. The charge sheet reads: That the subject PNCO while being an active member of the PNP assigned at QCPD and within the disciplinary jurisdiction of DD, QCPD did then and there, willfully and unjustifiably fail to report for duty without filing the necessary application for leave nor securing approval of the authorized official on March 1, 2011, March 3, 2011, and March 5, 2011 incurring a total of three (3) days intermittent Absences Without Official Leave, a violation defined and penalized under NAPOLCOM Memo No. 2007-001 of Rule 21, Section 2A, para 1, sub-para (f), which reads; absent oneself from office without having filed the necessary application leave or secured the approval of the superior officer for a period not exceeding three (3) days in a month.

Based on the record respondent PO2 Delima was formerly assigned with Project 4 Police Station (PS-8) and presently with Anonas Police Station (PS-9). While at PS-8, respondent was charge of Serious Neglect of Duty for incurring fifteen (15) days of absences from February 28, 2011 to March 4, 2011. After pre-charge evaluation the administrative case was modified to Simple Neglect of Duty (absent for 3 days: March 1, 3 and 5, 2011) and was subsequently recommended for a summary hearing. On January 5, 2012 the undersigned SHO sent summon/notice of hearing to the respondent for a hearing on January 11, 2012 wherein the respondent appeared and state his case, submitted his medical certificate to back his claims why he failed to report for duty on the aforesaid dates. Since the material facts was that respondents intermittent absences incurred on March 1, 2011, March 3, 2011 and March 5, 2011, the SHO inquired regarding the crux of the matter.

On March 1, 2011 based on the respondents claim he has emerg ency commitment however he informed the duty STOC regarding his absence. The following day he was among the blood donors recommended by PS-8. On March 3, 2011 respondent honestly admitted that he failed to report as he suffered from an influenzalike feeling due to his recurrent skin asthma and was advised to rest for five (5) days (medical certificate herein submitted). Then on March 5, 2011 he suffered hypertension in connection of his medical findings few days earlier. It is interesting to note that based on records the respondent despite his ailment did his job and substantially delivered what was expected from him by their Station. He never denied his accountability but instead admits the same. His failures to report to his superior officer in three (3) different instances were justified by his emergency commitment and his ailment. His generosity to donate blood and by performing his duty despite his predicament were construed as mitigating circumstances by this SHO. The undersigned SHO also took this administrative case in general view that simple neglect of duty is the failure of an employee to give attention to a task expected of him and signifies a disregard of a duty resulting from carelessness or indifference. (Zamudio v. Auro, A.M. No. P-04-1793, 8 December 2008.) However, in this instant case, according to the humble appreciation of the undersigned SHO, the respondent never disregard his duty nor careless or indifference of doing the same. Records showed that he did his job, albeit he suffered from ailment. Wherefore base on the foregoing, the undersigned SHO reprimands the respondents and will be given a STERN WARNING that a repetition of a similar act will be dealt with severely.

SO ORDERED. QUEZON CITY, Philippines.

RICHARD A ALBANO Police Chief Superintendent District Director, QCPD