Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE 3
OFFICE OF THE REGIONAL DIRECTOR
Camp Captain Julian Olivas, City of San Fernando, Pampanga

PHILIPPINE NATIONAL POLICE,

Complainant, Admin Case No.
PRO3-RHQ-RHSG-2017-0553
-versus- For: Grave Neglect of Duty
(359 days AWOL)

PO2 Samuel A Pascua,

Respondent.
x------------------------------------------x

RESOLUTION

This resolves the Motion for Reconsideration (MR) filed by PO2 Samuel A
Pascua (Movant), assailing the Decision of the Regional Director, PRO 3 dated April
25, 2018, the dispositive portion of which states:

“WHEREFORE, premises considered, respondent PO2 Samuel

A Pascua is hereby found GUILTY of Grave Neglect of Duty (AWOL)
and is hereby meted with the penalty of DISMISSAL from the service
pursuant to Section 53, RA 8551 in relation to NAPOLCOM
Memorandum Circular No. 2016-002.”

Records show that movant was assigned at the Regional Public Safety
Battalion, PRO3 and was detailed at 2nd Maneuver Company based in Gapan,
Nueva Ecija. Further, he was augmented to Malolos City Police Station, Bulacan
PPO. However, he failed to report for duty on August 1, 2016 to July 26, 2017,
incurring a total of Three Hundred Fifty Nine (359) days unauthorized absences. He
was charged, found guilty and meted the penalty of Dismissal from the service.
Hence, this MR claiming that bullied by his co police officers from the time the
augmentation Lambat Sibat started May 2015 and family issues.

This Office finds that the MR is not meritorious. It does not raise valid ground
to warrant the reversal or modification of the Decision sought to be reconsidered.

Section 20, Rule 17 of NAPOLCOM Memorandum Circular No. 2016-002

provides that: “The party adversely affected by the decision may file a motion for
reconsideration with the Disciplinary Authority which rendered the same within ten
(10) days from receipt of a copy thereof based on any of the following grounds:

a) Newly discovered evidence which, if presented, would materially affect the

decision rendered; or
b) Errors of law or irregularities have been committed prejudicial to the
substantial rights and interest of the movant; or
 c) The decision is not supported by the evidence on record.”

The ground raised by the movant does not fall under any of the following
valid/legal grounds above-cited.

Movant claimed that he was bullied by his co-police officers from the time the
augmentation Lambat Sibat started in May 2015. His request for relief from Malolos
CPS was also not granted. So, out of fear from being bullied again, movant lost his
interest and courage to render his duties. On the process, movant’s wife learned
what happened and they started to have misunderstandings and fights. As a result,
movant committed AWOL.

The above circumstances are not sufficient excuse for him to inform his
superior officers or supervisors of his predicament if he is a responsible police
officer. A mere allegation of bullying is not a valid excuse to justify his AWOL. He did
not bother to report to work as gleaned from the DPPAR of the said station. In fact,
as admitted by him in his MR, he lost interest to continue his stint with the PNP and
only recently, when he learned of his dismissal from the service, that he realized that
he need his job to survive. It would have been excusable if the period of AWOL is
less than thirty (30) days. Thus, there is no valid reason to disturb the decision
rendered based on substantial evidence.

WHEREFORE, foregoing premises considered, the motion for reconsideration

filed by PO2 Samuel A Pascua, is hereby DENIED FOR LACK OF MERIT.

SO RESOLVED.

Done this _____ day of ____________ at Camp Captain Julian Olivas, City of
San Fernando, Pampanga.

AMADOR V CORPUS
Police Chief Superintendent
Regional Director, PRO 3
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE 3
REGIONAL LEGAL OFFICE 3
Camp Captain Julian Olivas, City of San Fernando, Pampanga

MEMORANDUM

FOR : RD, PRO3

THRU : DRDA ____________

: RCDS ____________

: AC, RPHRDD _________

FROM : AC, RLO3

SUBJECT : Motion for Reconsideration of PO2 Samuel A Pascua

DATE : June 4, 2018

1. Reference: AC, RPHRDD memorandum dated May 28, 2018 with attached
records of the case.

2. This pertains to the motion for reconsideration (MR) filed by PO2 Samuel A
Pascua, assailing the Decision of the Regional Director, PRO 3 dated April 25, 2018,
the dispositive portion of which states:

“WHEREFORE, premises considered, respondent PO2 Samuel

A Pascua is hereby found GUILTY of Grave Neglect of Duty (AWOL)
and is hereby meted with the penalty of DISMISSAL from the service
pursuant to Section 53, RA 8551 in relation to NAPOLCOM
Memorandum Circular No. 2016-002.”

3. This Office finds that the MR is not meritorious. Hence, recommend denial.

4. Respectfully submitted for consideration and signature on the attached

draft Resolution.

ANSELMO E ANDAYAN
Police Superintendent