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 PLT MICHAEL V

OXINA for Grave Neglect of Duty (Failure to Appear and Testify
in Court on May 31, 2019 for Criminal Case Numbers 627-V-18,
674-V-18, 676-V-18)

DATE : November 12, 2019

I. AUTHORITY:
1. References:
a. Memo from ARD, NCRPO with subject 1 st 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 PCO

failed to appear and testify in the court hearing on May 31, 2019 for Criminal Case
Numbers 627-V-18, 674-V-18, 676-V-18.

III. FACTS OF THE CASE:

3. On August 21, 2019, a memorandum was sent to the respondent

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

4. Respondent claimed that on May 31, 2019, as a Newly Appointed Police

Commissioned Officer (NAPCO), he undergone Field Training Program “Patrol Phase”
at Airport PCP-9, Pasay City Police Station evidenced by the attached Duty Detail dated
April 16, 2019 under Special Order Number 19-052B. After learning about the Notice of
Explanation, he immediately appeared at RTC 284, Valenzuela City to verify the status
of the Criminal Case Nos. 627-V-18, 674-V-18, 676-V-18 wherein it shows that SACP
VILLANUEVA manifested that the next witness is PLT MICHAEL V OXINA on May 31,
2019 at 8:30AM. It appears on the records that the intended Subpoena dated May 17,
2019 has no Acknowledgment/Received indicated therein and same received only on
June 7, 2019 which is practically beyond the scheduled hearing. On June 19, 2019, PLT
OXINA appeared and testified in Court and the parties agreed to enter into stipulations
regarding his testimony and the Court ordered that the testimony of PLT OXINA was
dispensed.

IV. DISCUSSION/CONCLUSION

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

6. The explanation of PLT MICHAEL V OXINA can be considered as

justifiable and valid and his assertions are supported by supporting documents.

V. RECOMMENDATION:

7. WHEREFORE, this office recommends that the instant case against

PLT MICHAEL V OXINA be dropped and/or closed for lack of probable cause.

Recommended by:

Alex-Joseph DC Brillantes
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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