Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
NORTHERN POLICE DISTRICT OFFICE
Tanigue Street, corner Dagat-Dagatan Avenue, Caloocan City

MEMORANDUM

FOR : District Director, NPD

SUBJECT : Pre-Charge Investigation Report against Pat Rolando Aninipot

Jr for Grave Neglect of Duty (Failure to Appear and Testify in
Court on January 31, 2019 for Criminal Case Number 15-1424-
MN)

DATE : December 12, 2019

I. AUTHORITY:
1. References:
a. Memo from ARD, NCRPO with subject 1st and Final Tracer re Conduct
of Pre-Charge Evaluation and Investigation on E-Subpoena Database
Report on Failure to attend Court Hearing;
b. E-Subpoena Database Report;
c. NAPOLCOM Memorandum Circular No. 2016-002; and
d. Other pertinent documents.

II. MATTERS TO BE INVESTIGATED:

2. This pertains to E-Subpoena Database Report wherein the subject PNCO

failed to appear and testify in the court hearing on January 3, 2019 for Criminal Case
Number 15-1424-MN.

III. FACTS OF THE CASE:

3. On December 2, 2019, a memorandum was sent to the respondent

directing him to submit an explanation to refute or justify the allegation against him.

4. Respondent Pat Rolando Aninipot Jr and Pat did not give any notice nor
explanation for the administrative offense imputed against them. Trace from the records
that Pat Rolando Aninipot Jr was already separated from the PNP service. Henc, his
case proceeded ex parte against him.

IV. DISCUSSION/CONCLUSION

5. Brief Discussion of the Specific Provision of the NAPOLCOM

Memorandum Circular 2016-002:

“Rule 21, Sec 2 (C), sub-para (i) states “fail to appear and testify,
without justifiable excuse, in court, prosecutor’s office, the PNP
disciplinary authorities, appellate bodies, the IAS or any other quasi-
judicial body when notified or subpoenaed as witness. If his non-
appearance resulted in the dismissal of the case or the acquittal of

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 the accused; or when he is the principal witness or the arresting
officer, the penalty of dismissal from the service shall be imposed”.

6. Respondent Pat Rolando Aninipot Jr although he did not submit any

explanation and the case shall proceed ex parte against him, he cannot longer be
charge administratively for he was already dismissed from the service, thus, when
proven guilty of the charge imputed against him its effect will be futile for he is no longer
an employee of Philippine National Police. Whereas, it is of not uncommon that the
gravest penalty in an administrative case is the separation of the respondent from
service and the respondent herein was already separated. Therefore imposing of
penalty is not of necessary; hence, final decision and interpretation of this case shall be
subject to the approval of higher commands.

V. RECOMMENDATION:

7. WHEREFORE, the herein signatories also resolved to recommend that

the case against Pat Rolando Aninipot Jr be referred to Regional Investigation &
Detective Management Division (RIDMD) for proper disposition.

Recommended by:

Christopher R Asilo
Police Staff Sergeant
Pre-Charge Evaluator

Noted and Reviewed by:

ROMMEL C LABALAN
Police Major
Deputy Chief, DIDMD-NPD/
Chief, PCEIS

Approved/Disapproved:

RONALDO GENARO E YLAGAN

Police Brigadier General
District Director

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