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Republic of the Philippines

Department of the Interior and Local Government


National Police Commission
Philippine National Police
Police Regional Office XI
INVESTIGATION AND DETECTIVE MANAGEMENENT BRANCH
DAVAO CITY POLICE OFFICE
Camp Captain Domingo E Leonor
MEMORANDUM
FOR

: Acting Regional Director


Police Regional Office XI
Camp Quintin M Merecido, Buhangin, D.C

THRU

: Chief, RIDMD/R7

FROM

: City Director

SUBJECT

: Pre-Charge Evaluation conducted against PO3


Roman C Baslan

DATE
: March 3, 2015
=================================
I AUTHORITY
1.

NAPOLCOM Memorandum Circular number 2007-001; and

2.
Special Written Report from Police Station 1 (Sta. Ana) dated
February 10, 2015 re Escape of Detainee.
II MATTERS TO BE INVESTIGATED
3.
To determine the facts surrounding the circumstances on the
alleged Grave Misconduct committed by PO3 Roman Baslan.
4.
To determine further if probable cause exist to prosecute subject
PNCO for the offense charged.
III FACTS OF THE CASE
5. In an Affidavit Complaint submitted by Police Station 1 Station Commander,
PSUPT ROYINA MARZAN GARMA, she averred that she designated PO3
Roman C Baslan as Duty Jail Guard as January 2, 2015 by virtue of Office
Order No. 1 and that the subject PNCO was the duty jail guard of the station
from 8:00 am of February 8 to 8:00 am of February 9, 2015.
6. That on or about 8:00 am of February 9, 2015, she received a phone call
from the duty Senior Officer of the Day, PSINSP AQUINO V SERENIO, that
one of the detainee named Raymart C Padada, 21 years old, single and a
resident of Banaybanay, Davao Oriental who was charged with Theft thru
inquest proceeding last January 28, 2015, has escaped from the custody of
the duty jail guard PO3 Roman Baslan. (Attached as Annex A is the
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Affidavit Complaint of PSUPT ROYINA MARZAN GARMA, as Annex B is the


Complaint Sheet docketed under I.S. No. XI-02-INQ-15-A-0209, and as
Annex C is the Record of Event with Series No. 946)
7. Investigation conducted disclosed that at around 7:45 am of February 9,
2015, PO3 Roman Baslan was conducting the headcount of detainees and
cleaning of detention cell when the aboe-mentioned detainee managed to
escape. Immediately thereafter, personnel of Police Station 1 chased the said
detainee who ran towards the interior portion of Mini forest Boulevard but
they failed to arrest and recover the said person. (Attached as Annex D is
the Special Written Report from Police Station 1 dated February 10, 2015, as
Annex E is the Spot Report dated February 9, 2015 re-Escape of Detainee,
and as Annex F is the Record of Event with Series No. 948)
8. In his explanation, PO3 Roman Baslan admitted that he is indeed the duty
jail guard when the incident happened. However, he claimed that on the
morning of February 9, 2015, he was performing his duty of inspecting and
cleaning the detention cell when he instructed one of the detainee named
Raymart Padada to bring the sack of collected garbage out of the cell and
throw it in the garbage bin.
9. He however escorted the said detainee but he was surprised when he was
pushed and the said detainee suddenly rushed away from the police station.
He immediately informed the SDO and other duty police officers and they
altogether chased the said person but the same make good of his escape.
(Attached as Annex G is the Explanation of PO3 Roman Baslan)
IV DISCUSSION
10.
After examination of the records of the case, it can be gleaned that the
subject police officer did commit the offense as charged. The fact that he
was the duty jail guard was duly established and in fact was expressly
admitted by the said PNCO. As the duty jail guard, it is his duty to secure the
detainees and prevent them from fleeing and that when any of them
managed to escape from his custody, such duty jail guard is therefore
presumed to be negligent.
11.
The fact that he allowed the said detainee to get out of the cell to
throw the garbage is in itself already improper in his duty as the duty jailer.
It will expose him to the danger of making the detainee escape, which
indeed what happened in the instant case.
12.
The elements of the crime for violation of Article 224 of the Revised
Penal Code (Evasion through negligence) was evidently present in the
instant case. In fact, on February 20, 2015, PO3 Roman Baslan was charged
criminally with violation of Article 224 of the Revised Penal Code at the City
Prosecutors Office XI which a docketed under I.S. No. XI-02-INV-15-B-0697.
Such fact clearly indicates the existence of probable cause that the said
police officer committed the offense as charged.(Attached as Annex H is
the Complaint Sheet docketed under I.S. No. XI-02-INV-15-B-0697)
13.
Thus, having the records of the case indicates clearly that there was
evasion that occurred within the police station and that the duty jailer, who
was in-charged with the custody of that person, neglected in his duty by
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allowing the said detainee to get out of the cell and throw the garbage, then
it is but rightful that he be charged administratively for committing a crime
punishable under the Revised Penal Code.
V - CONCLUSION
14.
After careful assessment of the case at hand, the evaluator-on-case
finds that there is probable cause to indict PO3 Roman C Baslan for
violation of Grave Misconduct, pursuant to Rule 21, Section 2 Paragraph C
(3), subparagraph r. (Grave Offenses) of NAPOLCOM Memorandum Circular
number 2007-001 which provides that Grave Misconduct shall include:
commit any act or omission that constitutes a crime punishable under the
Revised Penal Code and Special Laws.
VI - RECOMMENDATION
15.
WHEREFORE, the undersigned recommends that the case against PO3
Roman C Baslan be referred to RIDMD/R7 for evaluation and disposition
as the impossible penalty for Grave Misconduct is beyond the disciplinary
power of the City Director.

PO3 Michael Evans C Pastor


Pre-Charge Evaluator
I concur with the findings of the recommendation of the evaluator.

ERNESTO P CASTILLO
Police Superintendent
Chief, IDMB
Approved:

VICENTE DUPA DANAO JR


Police Senior Superintendent

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