MEMORANDUM

FOR : Regional Director

FROM : Officer-In-Charge

SUBJECT : Action Taken Re: Failure of PO1 _________

to Attend Court Hearing

DATE : July 31, 2018

1. References:
a.
b.

2. This pertains to the show cause order from Regional Trial Court Branch 120,
Caloocan City on Criminal Cases No. C-97873 and No. C-97874 entitled PP vs
Fernando De Guzman y Cao and PP vs Fernando De Guzman y Cao et. al
respectively. It appears that prosecution witness PO1 _______________ of
Malabon Police Station, NPD failed to appear during the scheduled hearing on January
30, 2018. Thus, the said Court issued an order directing subject PNCO to explain and
further furnished a copy of the said order to PNP-IAS for appropriate action.

3. In this regard, IAS-NPD directed PO1 Cristobal to explain why he should not
be held administratively liable for Grave Neglect of Duty for failure to attend on the
said hearing (Annex “A”). On July 31, 2018, subject PNCO submitted his explanation
to this office with attached Certificate of Appearance from the same court issued on
July 27, 2018. According to his explanation, on the July 31, 2018, he fell ill from
Arthritis which caused him unable to walk that day (Annex “B”). Nevertheless, during
the hearing on February 15, 2018, he attended and testified on the same case (Annex
“C”).

4. Pursuant to NAPOLCOM Memorandum Circular No. 2016-002 Rule 21

Section 2 C (Grave Offenses) paragraph 1 (i):

“1) Grave Neglect of duty shall include but not limited to the following:

i) fail to appear and testify, without justifiable excuse, in court, in

prosecutor’s office, the PNP disciplinary authorities, appellate bodies, the
IAS or any quasi-judicial body, when notified or subpoenaed as witness. If
his non-appearance resulted in the dismissal of the case or acquittal of the
accused; or when he is the principal witness or the arresting officer, the
penalty of dismissal from the service shall be imposed.”

5. Relatedly, PO1 ________________ which caused him not to attend during

the scheduled on January 30, 2018 can be considered as valid excuse. His attendance
to the next hearing particularly on February 15, 2018 simply implies that his
explanation before the Court was granted. Hence, this office found no compelling
reason to hold subject PNCO liable Neglect of Duty or Grave Neglect of Duty.
6. For information.