Republic of the Philippines

Department of Interior and Local Government

NATIONAL POLICE COMMISSION XII

OFFICE OF THE SUMMARY HEARING OFFICER

Cotabato City

PHILIPPINE NATIONAL POLICE,

Complainant,

-versus- Administrative Case No. xxxx

FOR: Conduct
Unbecoming of a Police Officer

PO2 CARDO M. DALISAY,

Respondent.

xx——————————————xx

REPORT OF INVESTIGATION/RESOLUTION

This pertains to the Administrative Summary Proceedings

against PO2 Cardo M. Dalisay for Conduct Unbecoming of a Police
Officer pursuant to Rule 21, Section 1 (5) of the Revised Rules of
Procedure Before the Administrative Disciplinary Authorities and the
Internal Affairs Service of the Philippine National Police (NAPOLCOM
Memorandum Circular No. 2016-002).

FACTS OF THE CASE

A. VERSION OF THE COMPLAINANT

In an Affidavit of Complaint, Ivana Y. Maylawit accuses

respondent PO2 Cardo M. Dalisay of refusing to pay an outstanding
loan from her in the total amount of Two hundred seventy thousand
pesos (P270,000.00), comprising the principal amount of One
hundred fifty thousand pesos (P150,000.00) plus the corresponding
twelve-month accumulated interest of One hundred twenty thousand
pesos (P120,000.00). (Annex “A”)

Complainant further alleges that respondent took a video

coverage of them while engaged in a sexual act without her
knowledge and consent and under circumstances in which she
expected privacy. (Annex “B”)

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 Respondent even threatened to circulate the said sex video
should complainant proceed with the filing of complaints. (Annex
“C”)

The act of the respondent, according to the complainant, is a

violation of Section 4 (a) of Republic Act No. 9995 or the Anti-Photo
and Voyeurism Act of 2009, which prohibits and declares as unlawful
the taking of photo or video coverage of any person or group of
persons performing sexual act without the consent of the person/s
involved and under circumstances in which the person/s has/have
reasonable expectation of privacy.

In committing those alleged acts, complainants asserts that

respondent seriously compromised his character and standing in the
Philippine National Police in such manner as to indicate vitiated or
corrupt state of moral character which shows his unworthiness to
remain in the police service.

B. VERSION OF THE RESPONDENT

PO2 Cardo M. Dalisay admits that he and the complainant

were former lovers but he decided to end the relationship after
discovering that the latter is actually a man who underwent gender
reassignment. (Annex “2”)

In his Answer, respondent denies ever obtaining a loan from

the complainant and asserts that the Seventy thousand pesos
(P70,000.00) deposited by the latter’s goddaughter sometime in May
2018 to his BPI bank account was payment for the plane tickets he
purchased for the complainant and her family. (Annex “1”)

Respondent asserts that he and the complainant are into the

habit of taking video coverage of their sexual activity and that he has
not committed any act punished under Republic Act No. 9995. The
video recording of their sexual activities were done with the full
knowledge and permission of the complainant. As proof, respondent
offered in evidence a number of sex videos involving him and the
complainant. (Annex “3”)

Respondent maintains that the allegations imputed against him

by the complainant are maliciously false and mere fabrications
meant to vilify his character and reputation, and, somehow, coerce
him into getting back in a relationship with the complainant.

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ISSUE:

The sole issue in this proceeding is whether or not respondent

has committed acts that can be characterized as conduct
unbecoming of a police officer.

DISCUSSIONS:

Rule 21, Section 1, paragraph 5 of the Revised Rules of

Procedure Before the Administrative Disciplinary Authorities and the
Internal Affairs Service of the Philippine National Police (NAPOLCOM
Memorandum Circular No. 2016-002) reads:

Rule 21. Offenses

Section 1. Offenses Punishable. - The following are the

offenses punishable and defined as follows:

xxx

5. Conduct Unbecoming of a Police Officer - any act or

behaviour of a police officer, irrespective of rank, done in
his official or private capacity which, in dishonoring or
disgracing himself as a police officer, seriously
compromises his character and standing in the
Philippine National Police in such a manner as to
indicate vitiated or corrupt state of moral character
which shows his unworthiness to remain in the police
service;

xxx

Evading a loan obligation and engaging in sexual perversion

such as voyeurism are acts that degrade the moral character and
good standing of a police officer. It also tarnishes the good
reputation of the police service, warranting the suspension or
dismissal of the erring police officer.

Indeed, the allegations of the complainant, if proved to be the

truth, depict a man, a police officer, no less, who dishonors or
disgraces himself by taking advantage of another and by
reciprocating the love and trust reposed in him with deceit and
betrayal.

It “seriously compromises his character and standing in the

Philippine National Police in such a manner as to indicate vitiated or
corrupt state of moral character which shows his unworthiness to
remain in the police service.”

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 A Conduct Unbecoming of a Police Officer is considered a grave
offense and carries the minimum penalty of sixty (60) days to six
months suspension and the maximum penalty of dismissal from the
service. (NAPOLCOM Memorandum Circular No. 2016-002)

After careful perusal of the pieces of evidence submitted by the

parties for consideration, the undersigned Summary Hearing Officer
(SHO) is morally convinced that the arguments of the Respondent is
meritorious as against the arguments of the Complainant.

Complainant failed to substantiate her allegations through

credible evidence. She failed to support her claim that respondent
obtained a loan from her. The undersigned is not convinced that
respondent managed to coaxed her against reducing their loan
agreement into writing by having sex with her. Such is contrary to
ordinary human experience.

The deposit of Seventy thousand pesos in the account of

respondent is equivocal. Unlike the complainant, the respondent was
able to support his assertion that the said amount was payment for
previous transaction he incurred in behalf of complainant and some
members of her family.

Complainant likewise failed to convince the undersigned that

she was unaware of the taking of the video recording of her sexual
encounter with the respondent. It even appears from the evidence
that she intentionally misled the proceedings by submitting an edited
and altered video footage to match the story she concocted. The
complete and unedited video footage adduced in evidence by
respondent presents a scenario that entirely contradicts her claim.

FINDINGS/CONCLUSION:

In the absence of any substantial evidence to warrant the

imposition of administrative penalty, there is no basis to hold
respondent liable of the offense charged.

The evidence on record leans heavily in favor of the respondent,

and the complainant has not only failed to substantiate her claims,
but has been shown to have misled this administrative body with a
story that was a mere fabrication.

RECOMMENDATION:

WHEREFORE, foregoing premises considered, the undersigned

Summary Hearing Officer recommends that respondent, PO2
CARDO M. DALISAY be EXONERATED of the offense of Conduct
Unbecoming of a Police Officer for lack of substantial evidence.

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 Done this 30th day of March 2020, Cotabato City, Philippines.

ATTY. MAX V. MAGALONA

Police Chief Inspector

Summary Hearing Officer

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