Republic of the Philippines

OFFICE OF THE PEOPLE’S LAW ENFORCEMENT BOARD

City of El Salvador

CRISTOPHER C. DALONDONAN
and WILLIE B. MAGTRAYO, CASE NO.
Complainant,

-versus- FOR: GRAVE

MISCONDUCT
SPO2 HANSEL P. ENONG,
Respondent.
x------------------------------------/

POSITION PAPER
(FOR THE COMPLAINANTS)

COMPLAINANTS, through the undersigned counsel, to

the Honorable Office of the People’s Law Enforcement Board
of El Salvador City, respectfully submits this Position Paper
and state:

STATEMENT OF THE CASE

This is an administrative case for Grave Misconduct

under Section 1(3), Rule 21 in relation to Section 2,
paragraph C(3)(r), Rule 21 of the Memorandum Circular
No.2016-02 of the National Police Commission. The
respondent committed crimes defined by the Revised Penal
Code as Direct Assault and Grave Threats and in which
crimes are considered as or equivalent to Grave Misconduct
under the aforesaid memorandum circular.

PARTIES TO THE CASE

Complainants CRISTOPHER C. DALONDONAN and

WELLEI B. MAGTRAYO are Barangay Tanods/Barangay Police
Officers of Barangay Sinaloc, El Salvador City, Misamis

1
Oriental as evidenced by the Certifications1 for such purpose
attached herein. For purposes of this instant Complaint,
complainants may also be served with pleadings, papers,
notices and other legal processes through the undersigned
counsel at 2nd floor, Consortium Building, Corrales
Extension St., Brgy. 26, Cagayan de Oro City.

Respondent SPO2 HANSEL ENONG is a member of the

Philippine National Police-Criminal Investigation and
Detection Group (PNP-CIDG) and currently assigned at El
Salvador City and may be served with pleadings, papers,
notices and other legal processes through his counsel on
record Atty. Johanne Emmanuel G. Agustin with office
address at 2/F Gonzalo M. Chavez Bldg., Capistrano corner
Tirso Neri Sts., Cagayan de Oro City.

STATEMENT OF FACTS

On October 17, 2018 at about 10 o’clock in the

evening, complainants were detailed/assigned along the
National Highway of Sinaloc, El Salvador City, Misamis
Oriental as Barangay Tanods/Policemen of the said
barangay. As a matter of policy and practice, complainants
were wearing their Barangay Police Uniforms and ID during
the assignment.

While on duty on that night, complainants have

observed a person who alighted from a cargo truck and
bought “balut” from a vendor who was selling alongside of
the highway. Another person went outside from K9
Videokehan and who also wanted to buy “balut” from the
same vendor. Suddenly, the person from the cargo truck
suddenly attacked and punched the person from K9
Videokehan and thereafter they scuffled against each other.

As members of the Barangay Police, complainants

responded to the commotion in order to pacify and
apprehend the culprits. Immediately thereafter, Another
members of Barangay Police, namely, Judy L. Padero and
Noel G. Calihan, went to the scene to respond to the
aforesaid commotion;

1
Exhibits “C” and “D”

2
 Meanwhile, while the commotion was on going, a drunk
person, who would be later identified as the respondent in
this case SPO2 HANSEL ENONG, suddenly appeared in the
scene and pointed and aimed a .45 Caliber Pistol against the
complainants. Out of fear, the complainants as well as the
other responding Barangay Tanods were dumbfounded while
holding their hands up and they introduced themselves as
members of the Barangay Police of Sinaloc, El Salvador City.
Despite of such introduction and their obvious physical
appearance that they are members of the Barangay Police
(as they were wearing uniforms and ID), the respondent
adamantly pushed and threatened the complainants with his
gun by uttering the words “PAMATYON TA MO TANAN”;

Because of the interference and intimidation of SPO2

HANSEL ENONG, the persons involved in the commotion was
able to ran back to the truck and proceeded ahead towards
the direction of Iligan City. Thereafter, the complainants
reported the said incident with the PNP El Salvador Police
Station.2

ISSUE

WHETHER OR NOT THE RESPONDENT IS GUILTY OF

GRAVE MISCONDUCT.

ARGUMENTS/DISCUSSIONS

Grave misconduct is defined as the transgression of

some established and definite behavior or gross negligence
by a public officer coupled with the elements of corruption,
willful intent to violate the law or to disregard
established rule.3

The respondent SPO2 HANSEL ENONG is guilty for

Grave Misconduct through committing the crimes of Direct
Assault upon An Agent of a Person of Authority and Grave
Threat in which the Revised Penal Code in which provides for
penalties equivalent or classified as Grave Misconduct under
Section 2, paragraph C(3)(r) of the NAPOLCOM MC-2016-
02;

2
Exhibit “B” – Copy of the Extract Blotter
3
Office of the Ombudsman v. Apolonia, G.R. No. 165132, March 7, 2012

3
 Under the Revised Penal Code, Direct assault is
committed by a person or persons who, without a public
uprising, shall employ force or intimidation for the
attainment of any of the purpose enumerated in defining the
crimes of rebellion and sedition (first form), or shall attack,
employ force, or seriously intimidate or resist any
person in authority or any of his agents, while
engaged in the performance of official duties, or on
occasion of such performance (second form).4

The elements of the crime of direct assault (second

form) are the following:

1. That the offender (a) makes an attack, (b)

employs force, (c) makes a serious
intimidation, or (d) makes a serious
resistance;

2. That the person assaulted is a person in

authority or his agent;

3. That at the time of the assault, the person in

authority or his agent (a) is engaged in the
actual performance of official duties, or (b)
is assaulted by reason of the past performance
of official duties;

4. That the offender knows that the one he is

assaulting is a person in authority or his
agent in the exercise of his duties; and

5. That there is no public uprising.5

The respondent made a serious intimidation to the

complainants when he pointed a .45 caliber gun against the
latter and threatened them to be killed by uttering the words
“PAMATYON TAMO TANAN” (I WILL KILL YOU ALL). This fact
is testified by the complainants6 themselves as well as their
witnesses7.

4
Article 148 of the Revised Penal Code
5
Nestor Guelos, et.al. v. People of the Philippines, G.R. No. 177000, June 19, 2017
6
Exhibit “A” – Copy of the Complaint Affidavit
7
Exhibit “E” – Copy of the Affidavit of Witnesses

4
 Any person directly vested with jurisdiction, whether as
an individual or as a member of some court or governmental
corporation, board, or commission, shall be deemed a
person in authority. A barrio captain and a barangay
chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election

or by appointment by competent authority, is charged with
the maintenance of public order and the protection
and security of life and property, such as a barrio
councilman, barrio policeman and barangay leader and
any person who comes to the aid of persons in authority,
shall be deemed an agent of a person in authority.8

By express provision of the law, the complainants

herein are clearly agents of person in authority as evidenced
by the certification9 issued for such purpose and by their
respective Barangay Police ID.

As such, complainants are in charge, along with their

other duties, to assist the barangay authorities in the
prevention of crime and promotion of public order and
safety. Thus, they are assigned to patrol or ronda within the
territorial jurisdiction of Barangay Sinaloc in order to effect
such duty and responsibility.

Accordingly, the complainants were lawfully performing

their duties on October 17, 2018 when they were trying to
pacify the commotion occurred at the National Highway of
Sinaloc, El Salvador City. And, the respondent SPO2 Enong
prevented the complainants to effectively accomplish their
duty by interfering in the scene and even drawn his gun and
pointed it against the complainants as well as to the other
barangay tanods10 who came to assist the complainants.
This is notwithstanding that the complainants have
introduced themselves that they are members of the
Barangay Police and that they were wearing their uniforms
and ID at the time of incident.

Moreover, considering the above-discussed

circumstances, the respondent SPO2 HANSEL ENONG should
likewise be held liable of grave misconduct for grave threats

8
Article 152 of the Revised Penal Code
9
Exhibit “C” and “D” – Certifications attesting that the complainants are members of the Barangay Police
10
Exhibit “E” – Affidavit of Witnesses Judy L. Padero and Noel G. Calihan

5
he inflicted against the complainants. This is when he
uttered the words “PAMATYON TAMO TANAN” while
pointing his gun to the complainants.

Grave threats is committed any person who shall

threaten another with the infliction upon the person, honor
or property of the latter or of his family of any wrong
amounting to a crime.11 The elements of the said crime are
the following:

1. That the offender threatens another person

with the infliction upon the latter’s person,
honor, or property, or upon that of the latter’s
family of any wrong.

2. That such wrong amounts to a crime.

3. That the threat is not subject to a condition.

Clearly, the complainants are liable for the offense

charged and considering the gravity thereof, he should be
liable for the maximum penalty of dismissal from the
service.12

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that judgment be rendered in finding the respondent
guilty for Grave Misconduct and shall suffer the maximum
penalty of dismissal from the service.

Other just and equitable remedies under the

circumstances are likewise prayed for.

Cagayan de Oro City for El Salvador City Misamis

Oriental.

Respectfully submitted. May 2, 2019

11
Article 282 of the Revised Penal Code
12
Section 2, Rule 22, MC-2016-002 of NAPOLCOM

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 MERLIN P. CAIÑA & ASSOCIATES
Counsel for the Complainants
2nd floor Consortium Building
Corrales Extension, Brgy. 26
9000 Cagayan de Oro City

by:

DAN PATRICK S. GARCIA

IBP (O.R. No.) 062043, Dec. 28, 2018 (for 2019)
PTR Mis. Or. (O.R. No.) 9519800, Dec. 19, 2018 (for 2019)
TIN No. 934-402-974; Roll No. 66957
MCLE Compliance No. VI-0016325, Dec. 12, 2018
Cellphone No. 0917-7165-699

COPY FURNISHED:

ATTY. JOHANNE EMMANUEL G. AGUSTIN ________________

2/F Gonzalo M. Chavez Bldg.,
Capistrano corner Tirso Neri Sts.,
Cagayan de Oro City

SPO2 HANSEL ENONG ________________

PNP-CIDG Police Station
El Salvador City, Misamis Oriental

EXPLANATION

Counsel resorted to Registered Mail in serving and filing

the pleading due to the distance and lack of personnel to
effect personal service.