Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
Regional Personnel and Records Management Division
Camp Bagong Diwa, Bicutan, Taguig, City
E-mail add: orprmd@gmail.com/Tel No. 8380912

DLOS
MEMORANDUM

FOR : RD, NCRPO

THRU : DRDA_________

RCDS_________

SUBJECT : Request for Rectification as to the Proper Penalty to be

Imposed to PO1 Emmanuel V Amutan for Grave Misconduct
(Illegal Discharge of Firearms and Malicious Mischief)

DATE : January 26, 2017

1. References:
a. Decision rendered by then RD, NCRPO PDIR CARMELO VALMORIA;
b. Resolution rendered by then RD, NCRPO PDIR JOEL PAGDILAO; and
c. Other allied documents.

2. Above references pertain to the Decision dated October 16, 2014 penned by
former RD, NCRPO PDIR CARMELO ESPINA VALMORIA, wherein PO1 Emmanuel V
Amutan who was charged for Grave Misconduct (Illegal Discharge of Firearms and
Malicious Mischief) was penalized to one (1) rank demotion.

3. Please be informed that this Office cannot implement said

Decision/Resolution on account of the mistake committed during the initiation of
administrative case against PO1 Emmanuel Amutan who was erroneously ranked as
PO2. Subsequently, the errors were carried up to the drafting of Decision which became
the basis of the drafter and reviewer on the determination of the penalty to be imposed
in accordance with NMC 2007-001. However, before issuance of appropriate orders,
verification was conducted as to the rank of the respondent. It is only in this stage that
the error was discovered that respondent is actually holding a rank of PO1 and not PO2
as erroneously written in the initial and pertinent documents. Thus, it leads to absurdity
in the imposition of penalty of one (1) rank demotion considering he is holding the rank
of PO1.

4. In view of the foregoing, to rectify the mistake inadvertently committed, this

Office is respectfully recommending that a rectification be made as to the proper penalty
imposed against PO1 Emmanuel V Amutan from one (1) rank demotion to the penalty
of sixty (60) days suspension in which said penalty be held in abeyance until such
time, by any reason, PO1 Amutan is reinstated into the police service.

5. Request approval of the preceding paragraph and signature on the attached

prepared and corrected Decision and Resolution.

JIMILI L MACARAEG
Police Senior Superintendent
C, RPRMD

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 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
OFFICE OF THE REGIONAL DIRECTOR
Camp Bagong Diwa, Bicutan, Taguig

In Re: Summary Hearing Against Admin Case No: NCRPO-AC-SHP-0442-

070413
PO1 Emmanuel V Amutan, QCPD For: Grave Misconduct
National Capital Region Police Office (Illegal Discharge of Firearms and
Malicious Mischief)
x--------------------------------------------x

RESOLUTION
This pertains to the Motion for Reconsideration dated November 17, 2014 filed
by PO1 Emmanuel V Amutan (hereinafter referred to as “movant”). The Motion for
Reconsideration seeks to consider the Decision dated October 16, 2014 with the
dispositive portion:

“WHEREFORE, premises considered, this office finds

the respondent PO1 Emmanuel V Amutan guilty of Grave
Misconduct (illegal discharge of firearms and malicious
mischief) and hereby penalized of sixty (60) days
suspension.”

Records show that the movants was notified of the decision on November 5,
2014 and thereafter filed their motion for reconsideration on November 17, 2014. The
instant motion is based on the following grounds as therein, to wit:

a. Movant alleged that he did not receive due notice to file counter affidavit to
controvert the charge against him;
b. He claimed that the complainant was disinterested to further pursue the case
(Affidavit of Desistance was not attached in his motion); and
c. The criminal case was already dismissed (Movant attached the photocopy of
the Orders of the court).

The ground relied upon in the motion are not sufficient to warrant the reversal of
the assailed decision. The respondent’s acquittal in the criminal action will not
necessarily result to his exoneration in the instant administrative case. Thus, it had
already been settled by the Court, to wit:

“it is a basic principle of the law on public officers that

a public official or employee is under a three-fold
responsibility for violation of duty or for a wrongful act or
omission. This simply means that a public officer may be
held civilly, criminally, and administratively liable for a
wrongful doing. Thus, if such violation or wrongful act results
in damages to an individual, the public officer may be held
civilly liable to reimburse the injured party. It the law violated
attaches a penal sanction, the erring officer may be
punished criminally. Finally, such violation may also lead to
suspension, removal from office, or other administrative
sanctions. This administrative liability is separate and distinct
from the penal and civil liabilities.

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 xxx.” (Flores vs Montemayor, G.R. no. 170146. June
8, 2011. Emphasis Supplied).

Movant failed to substantiate his allegation that complainant had retracted or

desisted in his previous allegation, hence, the ground relied upon by the respondent
was not sufficient for the reversal of the decision
WHEREFORE, premises considered, the Motion for Reconsideration filed by
PO1 Emmanuel V Amutan is hereby denied for lack of merit.

SO ORDERED.

Done this ____________________ at Camp Bagong Diwa, Bicutan, Taguig City.

OSCAR D ALBAYALDE
Police Director

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 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
REGIONAL LEGAL SERVICE
Camp Bagong Diwa, Bicutan, Taguig City

MEMORANDUM

FOR : RD, NCRPO

THRU : DRDA _________

ARCDS _________

C, RPRMD _________

FROM : AC, RLS

SUBJECT : PO2 Emmanuel V Amutan

DATE :

1. Reference: Case folder of PO2 Emmanuel V Amutan.

2. This pertains to the Motion for Reconsideration dated November 17, 2014
filed by PO2 Emmanuel V Amutan (hereinafter referred to as “movant”). The Motion for
Reconsideration seeks to set aside the Decision dated October 16, 2014 with the
dispositive portion

“WHEREFORE, premises considered, this office finds

the respondent PO2 Emmanuel V Amutan guilty of Grave
Misconduct (illegal discharge of firearms and malicious
mischief) and hereby penalized of one (1) rank demotion.”

3. Records show that the movants was notified of the decision on November
5, 2014 and thereafter filed their motion for reconsideration on November 17, 2014. The
instant motion is based on the following grounds as therein, to wit:

a. Movant alleged that he did not receive due notice to file counter affidavit to
controvert the charge against him;
b. He claimed that the complainant was disinterested to further pursue the case
(Affidavit of Desistance was not attached in his motion); and
c. The criminal case was already dismissed (Movant attached the photocopy of
the Orders of the court).
4. For information.

RAYMOND A DE GUZMAN
Police Superintendent

RLS/ATTY. RDG/Charlie/11-23-15

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