Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
LANAO DEL SUR POLICE PROVINCIAL OFFICE
Camp BagongAmaiPakpak, Marawi City

In Re: Summary Hearing Admin Case No: 001-01-2019

Proceedings Against: For: Simple Neglect of Duty (Rule 21, Sec 2 (a) sub
PEMS Lucman S Bonsalagan para 1(w)

RESOLUTION
I. PRELIMINARY STATEMENT:

This Summary Hearing Proceedings against PEMS Lucman S Bonsalagan

Maguing MPS, Lanao Del Sur PPO will delve on the Alleged Simple Neglect of Duty
cases lodge against him by PMAJ ARIEL M NARBOADA PIDMB, LDSPPO PRO
ARMM.

II. STATEMENT OF THE CASE:

Records disclosed that this instant Administrative Cases were lodge against the
herein respondent when he was then the OIC Chief of Police of Maguing Municipal
Police Station, Lanao Del Sur Police Provincial Police Office as according to the
complaint the former have committed infractions herein mentioned (above captioned
cases).

These instant cases stemmed from the respondent failure to Submit SMS Report
on time regarding the incident transpired last December 31, 2018 on or about 3:00PM at
Brgy. Lumbac Maguing, LDS.

In the two (2) pages Sworn Affidavit forwarded by the respondent he cited
several arguments on the issues set forth against him and presented pieces of evidence
such as Spot Report re shooting incident dated December 31, 2018, Progress report
dated January 2, 2019 and case referral before the office of Provincial Prosecutor
docketed NPS-RXIV -04-INV-19B-0044 received January 8, 2019. Herein respondent in
his affidavit dated February 13, 2019 averred that it was unintentional not to submit
SMS on time due to the poor signal network in the area.

Further, PESM Bonsalagan stated that he closely supervised his investigator to

conduct thorough investigation regarding the case as a result they filed the case at the
office of the provincial prosecutors.
 Respondent on his Sworn Affidavit admitted that he failed to send SMS to higher
headquarter due to the poor signal in the area. But despite of it he submitted the spot
report on January 1, 2019 3:33 PM.

II. EVIDENCE:

For the complainant:

a. Charge Sheets against PEMS Lucman Bonsalagan for Simple
Neglect of Duty Rule 21, Sec 2(A) para 1(w) of NAPOLCOM
Memorandum Circular Number 2016-002 docketed under Admin Case
001-01-2019.
b. Certificate of Non-forum shopping dated January 11, 2019 signed by
PMAJ ARIEL NARBOADA chief PIDMB.
c. Investigation Report against SPO4 Lucman S. Bonsalagan dated
January 07, 2019 from Chief of PIDMB.
d. Memorandum from the Chief POPB for the Chief PIDMB with subject
Transmittal re Expalanation of OIC, Maguing MPS dated January 2,
2019.
e. Memorandum from the PMAJ MICHAEL B ANGELES chief POPB to
SPO4 Lucman S Bonsalagan with subject Explanation re failure to
submit SMS report on time dated January 2019.

For the respondent:

a. Written affidavit of PEMS Lucman S Bonsalagan dated February 13,

2019.
b. Memorandum From the OIC Chief of Police Maguing MPS for the
Provincial Director with subject re- shooting incident dated December
31, 2018
c. Progress report dated January 2, 2019 from the OIC Chief of Police
Maguing MPS.
d. Memorandum from the OIC Chief of Police of Maguing MPS for the
Provincial Director att: C, POPB with subject explanation re: failure to
submit Report on time dated January 1, 2019.
e. Case referral to the office of the Provincial Prosecutors dated
February, 5, 2019.

IV. DISCUSSION:

The undersigned Summary Hearing Officer (SHO) had sent a Summon to

herein respondent requiring/directing him to submit his answer/reply relative to the
charges herein mentioned and to submit other documentary evidence in support of his
defence five (5) days from the date of receipt. Said summon was personally received by
PEMS Lucman S Bonsalagan on January .
 But instead of filing his reply to the charges imputed against him, herein accused
opted to file a Motion to Dispense Hearing attached therewith is his Position Paper on
the case which the Prosecutor on case did not interposed/manifest any objection.

The Respondent posits that he did not commit Simple Neglect of Duty in both
occasions defining the above captioned case by a previous NAPOLCOM MC more
particularly Memorandum Circular Nr. 2007-001.

NAPOLCOM MC 2016-002 provides that Neglect of Duty is also committed by

omission. To send a late SMS report to inform higher headquarters about the incident
trantspired at the AOR of an MPS is an ommision of an Standard Operating Prosedure
of PNP which the SMS report shall be render 1 hour after the incedent after 3 hours
hard copy of spot report will follow. The chief of police, OIC shall be accountable for the
reporting of the incident to higher headquarters.

Further, PNP Memorandum Circular No. 2016-002 rule 21, Section 2(a)
paragraph 1(w) to read as “any other ommission or refusal, sufficient excuse, to
perform an act or duty that is analogous to the forgoing.” And define non
observance of the policy guidlines of the PNP as properly dissimanated by the Officer-
In-Charge, LSPPO. Thus when PEMS Lucman S Bonsalagan did not submit his SMS
report with in the prescribe period is clearly a violation of the Mimorandum Circular.

Simple Neglect of Duty is classified as a Light Offense and Sec 2 Rule 22 of the
NAPOLCOM Memorandum Circular 2016-002 states that for light offenses the following
penalty may be imposed:

a) Reprimand for the first offense;

b) Withholding of privileges, restriction to specified limits, restrictive
custody, suspension of salary or combination thereof from one (1)
day to ten (10) days (minimum);
c) Withh`olding of privileges, restriction to specified limits, restrictive
custody, suspension of salary or combination thereof from eleven
(11) days to twenty (20) days (medium); and
d) Withholding of privileges, restriction to specified limits, restrictive
custody, suspension of salary or combination thereof from twenty-
one (21) days to thirty (30) days (Maximum).”

V. CONCLUSION:

It is evident based on the facts stated herein that the accused committed Simple
Neglect of Duty when he failed to submit SMS report about the shooting incident
transpired at their AOR on the prescribed period to the higher headquarter.

Records show that Admin Case No. 001-01-2019 is the first offense of the herein
accused on the aforesaid administrative case title. Therefore, a penalty of REPRIMAND
may be imposed against him..
 This attending circumstances tendered weight on pieces of evidence against the
respondent.

VI. RECOMMENDATION:

Premises considered, recommend that the herein respondent be

REPRIMANDED for the first Simple Neglect of Duty case herein committed docketed
under Admin Case Nr. 001-01-2019 impose against him.

SO RESOLVED
April 10, 2019

ABULNASSER M MANAN
Police Captain
Summary Hearing Officer

APPROVED/DISAPPROVED:

MADZGANI M MUKARAM
Police Colonel
Provincial Director