Republic of the Philippines

Department of the Interior & Local Government

NATIONAL POLICE COMMISSION
Regional Office IX, MLT Bldg., FS Pajares Avenue
Pagadian City 7016

In the matter of: SDP Case No. R9-2019-0043

Summary Dismissal Proceedings

Against For:
GRAVE MISCONDUCT
PSSG. MECHAEL T. ABDON
Provincial Drug Enforcement Unit,
Police Provincial Office 10
Oroquieta City, Misamis Occidental,
Respondent/s.
x--------------------------------------------/

POSITION PAPER

WITH GREATEST RESPECT, Respondent, through the

undersigned counsel, by way of compliance with the Order of this Honorable
Office, dated October 2, 2019, respectfully submits this Position Paper and in
support thereof, allege as follows:

STATEMENT OF MATERIAL DATES

1. On October 10, 2019, the Respondent herein received an Order, dated

October 2, 2019, from this Honorable Commission, directing him to submit a
position paper within fifteen (15) days from the receipt of said order;

2. Hence, respondent has until October 25, 2019 within which to file the
same;

3. Having filed this Position Paper today, October 25, 2019, through
registered mail, this Position Paper is deemed filed on time;

STATEMENT OF MATERIAL FACTS

1. The complainant and the respondents were neighbours in Purok

Villanueva, Barangay Dipolo, Molave, Zamboanga del Sur;

2. Complainant claims ownership over the parcels of land surrounding her

property on the ground that she allegedly bought the same;
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Against PSSG MECHAEL T. ABDON

3. Since then, the complainant has been so adamant in expelling the

respondent and his family from their residence despite the fact that the lot on
which respondent’s residence was erected is not part of the sale, and numerous
pleas from the respondent to give the latter time to look for another place to
relocate;

4. On, November 24, 2018, at almost midnight (12 o’clock in the morning)
respondent arrived in his residence situated at Purok Villanueva, Barangay
Dipolo, Molave, Zamboanga del Sur, from a drinking spree with some of his
friends,

5. Consequently, a fight ensued between the respondent and his wife,

Cristina Abdon (hereafter referred to as “CRISTINA”);

6. Respondent and his wife were too resounding that time that their fight
was effortlessly audible to their neighbours or to any person living nearby;

7. As a matter of fact, on that very same day, Cristina had summoned

respondent in the Office of the Barangay, Barangay Dipolo, Molave,
Zamboanga del Sur to amicably settle their differences. And notably, an
amicable settlement was issued

8. To the surprise of the respondent, on April 23, 2019, he received a

Notice of Pre-Charge Investigation wherein the complainant herein accuses
respondent of Grave Misconduct and Unbecoming of a Police Officer;

9. Hence, the instant administrative case.

ISSUE

I. WHETHER OR NOT RESPONDENT IS GUILTY OF

GRAVE MISCONDUCT

DISCUSSION(S)/ARGUMENT(S)

I. RESPONDENT DID NOT

COMMIT ANY OF THE ACTS
ALLEGED BY THE
COMPLAINANT AND HER
WITNESSES; HENCE,
RESPONDENT IS NOT GUILTY
OF GRAVE MISCONDUCT

Respondent vehemently denies the false allegations against him for being
untrue, false, twisted and malicious. The truth being that, respondent arrived
during the wee hours of the evening – almost midnight – from a drinking spree
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Against PSSG MECHAEL T. ABDON

with his friends on November 24, 2019 which enraged his wife and as a result,
a verbal altercation ensued between them which were too resounding and
audible to their neighbours and to the persons living nearby – the complainant
included.

This is evidenced by an Amicable Settlement1 issued by the Office of the

Lupong Tagapamayapa of Barangay Dipolo, Molave, Zamboanga del Sur and
affidavits of their neighbours; namely:

(a) Santos F. Rebutazo, who testified that around 1:00 dawn (1:00 AM) of
November 25, 2018, he was in the living area of his bedroom, browsing
in the internet using his cellular phone; that, he was surprised brought by
the loud noises from a neighbouring distance; that, he was certain that
such sound was that from Mechael T. Abdon who was at that time
quarrelling with his wife; that, he is certain that the administrative case
filed by complainant against the respondent was not true since his act
was purely a normal husband-and-wife-kind of issue2;
(b) Lovely Joy C. Bohos who attested that around 1 o’clock dawn (1:00 AM)
of November 25, 2018, she woke up to prepare milk for her baby when
she was also surprised to hear loud noises from a neighbouring distance;
that, the voices she heard were that of Mechael T. Abdon and his wife,
Cristina B. Abdon; that, she was also certain that the allegations of the
complainant in her complaint-affidavit in the case of Grave Misconduct
were not true;3
(c) Naome C. Galves, who attested that around 1 o’clock dawn (1:00 AM)
of November 25, 2018, she was fully asleep but awakened by a noise
which she heard not so far from her; that, she was frightened that time as
to what was it all about which led her to her living room to hear at least
clear enough what the sound was all about; that, she found out that it
came from the respondent, Mechael T. Abdon, and that of his wife,
Cristina Abdon, which were quarrelling that very moment; that, she was
certain that the complaint filed by the complainant against the
respondent is not true.4

All their testimonies were corroborated by the attestations of respondent’s wife

and mother’s companion: to wit,

(d) Cristina Abdon, who that on November 25, 2018, around 12:00
midnight (12:00AM), she and the respondent, who went home late that
time, had a big quarrel; that, she was so angry to keep on reminding him
to get rid of making a lot of friends who caused him to go home late;
hence, she was certain that the accusations of the complainant in the
Grave Misconduct case are pure lies;5 and

1 Annex “1”, ANSWER

2 Annex “2”, ANSWER
3 Annex “3”, ANSWER
4 Annex “4”, ANSWER
5 Annex “5”, ANSWER
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Against PSSG MECHAEL T. ABDON

(e) Annallee C. Galvez, who attested that around 1:30AM of November 25,
2018, she was asleep together with her family in their bedroom when she
was awakened by a noise brought by a knocking of door the moment the
mother of the respondent herein was advised to meddle the issue that
the respondent had with his wife; that, she was convinced that their
marital issues which fuelled their anger during that time, was way too far
from the allegations raised by the complainant against the respondent
herein;6 and
(f) the mother of the respondent, Manuela T. Abdon, who attested that
around 1:30 AM of November 25, 2018, she was at her residence when
Cesar Dayna, who was living together with the respondent, went to her
and reported that the spouses Mechael Abdon and Cristina Abdon were
quarrelling so much that he alone could not stop; that, she hurriedly went
to respondent’s house to pacify him who was with so much anger that
time; that, she decided to get his son to let him get through at her
residence; that, that the respondent, at that moment, agreed and went
together with her; hence, she can attest that the allegations of the
complainant are not true.7

II. Assuming, for the sake of argument, but not admitting, that the
allegations of the complainant as well as her witnesses took place,
still, respondent maintains that he is not guilty of GRAVE
MISCONDUCT

Pertinent to the instant case is the provision in the NAPOLCOM Memo

Circular No. 2016-002 defining Misconduct or Malfeasance; to wit:

(3) Misconduct or Malfeasance – is any wrongful, improper or unlawful

conduct motivated by premeditated, obstinate or intentional purpose. It usually
refers transgression of some established and definite rule of action. Where no
discretion is left except where necessity may demand: it does not necessarily
imply corruption or criminal intention.

Further, the same Memorandum Circular enumerates what constitute Grave

Misconduct: to wit;

3) Grave Misconduct – shall include but not limited to the following:

a) Maltreat or abuse any prisoner or detained person under his

custody;
b) Receive for personal use of a fee, gift or other valuable
thing is given by any person in the hope or expectation of
receiving a favour or better treatment than that accorded to

6 Annex “7”, ANSWER

7 Annex “6”, ANSWER
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other persons, or committing acts punishable under the

anti-graft laws;
c) Join a strike or refuse to report for duty in order to secure
charges in terms and conditions of his employment, or to
oust the chief of police or any other officer from office;

The Supreme Court in the case of Narvasa vs. Sanchez8 defined misconduct
as “an intentional wrongdoing or deliberate violation of a rule of law or
standard of behaviour. To constitute an administrative offense, misconduct should relate to
or be connected with the performance of the official functions and duties of a public officer. In
grave misconduct, as distinguished from simple misconduct, the elements of corruption, clear
intent to violate the law, or flagrant disregard of an established rule must be manifest.”
(emphasis supplied)

Under the circumstances present in this case, respondent is not guilty of

committing grave abuse of misconduct. To begin with, all allegations of
wrongful conduct against the respondent by the complainant and her witnesses
did not happen. It is noteworthy that what truly happened on the wee hours of
– sometime within 11 PM to 12AM – of November 24, 2018 was plainly
marital quarrel that only the respondent and his wife should settle free from
any unnecessary interference and unlawful attack on the honor and reputation
of the respondent.

Even assuming, for the sake of argument, but without admitting, that the
allegations of wrongful conduct against the respondent by the complainant
took place, Respondent maintains that he is not guilty of grave misconduct.

In a plethora of cases decided by the Supreme Court pertaining to grave

misconducts, the highest Court of the land has long established that “There
is grave misconduct where the requisites of corruption, clear intent to violate
the law or flagrant disregard of established rule are present. "Corruption, as an
element of grave misconduct, consists in the act of an official or fiduciary
person who unlawfully and wrongfully uses his station or character to procure some benefit
for himself or for another person, contrary to duty and the rights of others."9 (Emphasis
supplied with)

In this case, respondent has not committed corruption, nor there was clear
intent on his part to violate the law. He also did not defy nor disregard any law
or rule that a government employee, a police officer at that, observed.

Assuming arguendo, but without admitting, that respondent committed

damage to property and uttered threats against the private complainant, it
cannot be gainsaid that the respondent___________________________.

8 G.R. No. 169449. March 26, 2010. 616 SCRA 586, 589.
9 Office of the Ombudsman v. Asis, G.R. No. 237503 (Notice), [June 20, 2018]
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NOW THEREFORE, above-premises considered, it is respectfully

prayed that to this Honorable Office that the instant complaint be
DISMISSED.

Other reliefs, just and equitable under any of the circumstance, are likewise
prayed for.

MOST RESPECTFULLY SUBMITTED.

August 20, 2018, Ozamiz City, Misamis Occidental [for Pagadian City],
Philippines.

PSSG MECHAEL T. ABDON

Affiant

SUBSCRIBED AND SWORN TO before me this

_____________________, at Ozamiz City, Philippines. Affiant exhibited to
me his _________________________________.

Doc No. _____;

Page No. _____;
Book No. _____;
Series of 2019.

Copies furnished to:

Prescilla N. Singayen
Purok Villanueva, Brgy. Dipolo,
Molave, Zamboanga del Sur

Explanation: In compliance with par. 2 of Section 2, Rule 17 of NAPOLCOM MC No. 2016-002, it

is hereby explained that the foregoing pleading is being served by registered mail upon the
complainant, personal service not being practicable due to time constraint and lack of office personnel who
can serve the same in person. (Emphasis added)

PSSG. MECHAEL T. ABDON