Republic of the Philippines

National Police Commission

Philippine National Police, Internal Affairs Service
Regional Internal Affairs Service 3
BULACAN INTERNAL AFFAIRS SERVICE
Camp Gen. Alejo Santos, City of Malolos, Bulacan

IN RE: ADMINISTRATIVE PROCEEDINGS

AGAINST
Pre-Charge Investigation No.
RIAS3 MPI4-2020-205-A
PMSg Marcelo Galsim For: Grave Irregularity in the
PMSg Ariel Gacutan Performance of Duty
PNP Members of Marilao MPS (Death of PUPC)
Respondents.
x---------------------------------------------------x

RESPONDENTS’
POSITION PAPER
The UNDERSIGNED RESPONDENTS AND UNTO the Honorable Summary
Hearing Officer, respectfully submits this Position Paper for consideration:

I.
BRIEF STATEMENT OF FACTS
1. We are the respondents in the instant administrative case for alleged Grave
Irregularity in the Performance of Duty (Death of PUPC) due to the death of one
Hershey Dela Cruz a.k.a Taba on June 10, 2020 at about 3:50 PM in Rogaciano M.
Mercado Memorial Hospital, Santa Maria, Bulacan.

2. Based on the established facts of the case, the deceased, Hershey Dela Cruz
a.k.a Taba together with several others was arrested for Violation of Sec. 11, 13, 14
and 15 of RA 9165 on June 7, 2020 at Tabing Ilog, Marilao Bulacan. As result of
said arrest, Hershey and others were detained at the Station’s detention facility at
COMPAC 4 in Barangay Loma De Gato.

3. Considering the current situation regarding the COVID 19 Pandemic, the said
arrested persons were detained instead at the Custodial Facility of COMPAQ 4 in
Brgy. Loma De Gato, Marilao, Bulacan. This was done in order to avoid them to join
the rest on the inmates as to prevent the spread of COVID 19 in the custodial facility
of the police station in case one of the new detainees as carrier of said disease. This
is also in compliance to the health protocols implemented by higher authorities.

4. However, on June 10, 2020, at around 2:00 PM, Hershey Dela Cruz
collapsed inside the comfort room, of said custodial facility. As soon as his fellow
inmates saw Hershey collapsed, they immediately call my attention (PMSg Marcelo
Galsim) of what happened and without wasting any time, immediately call for the
assistance of Marilao Rescue Team led by Mr. Wilfredo Diaz. Upon arrival of the
Rescue Team, they immediately conducted a first aid treatment and immediately
brought Hershey Dela Cruz to the Rogaciano M. Mercado Memorial Hospital, Santa
Maria, Bulacan.

5. Upon arrival of Hershey Dela Cruz at Rogaciano M. Mercado Memorial

Hospital at 2:20PM, he was immediately treated and placed under observation.

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However, at about 3:50PM on the same day, Hershey expired due to Cardiac
Arrest/Heart Attack as per initial findings of the attending Physician, Dr. Raineil
Genesa. Attached is a copy of the Death Certificate of the deceased Hershey Dela
Cruz as Annex “1” and the cause of death under item 9b bracketed and marked as
Annex “1-A”.

6. At the same time, the we requested the station to inform the family of Hershey
Dela Cruz of his situation and the fact that he was brought to the Rogaciano M.
Mercado Memorial Hospital, Santa Maria, Bulacan. As soon as the relatives and the
live-in partner of Hershey Dela Cruz arrived, I (PMSg Galsim) entertained them and
informed them of his situation. And when Hershey Dela Cruz expired, his relatives
manifested that they are no longer interested to have the cadaver of Hershey Dela
Cruz subjected to an autopsy examination. A copy of the waiver of Consent for an
Autopsy Examination is attached herein as Annex “2”.

II.
ISSUE
7. The sole issue in the instant administrative case is whether or not the herein
respondents are administratively liable for the offense of Grave Irregularity in the
Performance of Duty in connection to the death of PUPC Hershey Dela Cruz.

III.
ARGUMENTS AND DISCUSSIONS

8. That based on the aforementioned established fact itself, we vehemently

deny said or any accusation for the same has no basis in fact and in law and is not
supported by any adequate and substantial pieces of evidence.

9. As established by the medical certificate of Hershey Dela Cruz, it clearly

indicates that his demise was caused by Cardiac Arrest/Heart Attack. As such, it is a
clear that the cause of death of Hershey Dela Cruz was due to natural causes that
eliminate any iota of foul play.

10. As narrated by the deceased fellow inmates themselves, namely Jonathan

Pelino Adona and Wilmar Masinopa Bonna, according to them, while they were
inside the detention facility, they saw Hershey enter the Comfort Room (CR).
Suddenly, they heard a loud sound coming from the CR as if a large object fell on
the ground. That as soon as they heard the sound, they immediately investigate the
source of the sound and found Hershey sitting on the floor, trembling while his saliva
is dripping from his mouth. Immediately, they picked up Hershey and brought him
outside the CR and call my (PSMSg Galsim) regarding the incident. Copies of the
Sworn Statements of Jonathan Pelino Adona and Wilmar Masinopa Bonna are
hereto attached as Annexes “3” and “4”.

11. As soon as I (PSMSg Galsim) saw the inmates carrying the almost lifeless
body of Hershey, I immediately call Marilao Rescue Team for assistance. Upon
arrival of the Marilao Rescue Team led by Mr. Wilfredo Diaz, they immediately
perform first aid treatment and thereafter immediately transported him to the
Rogaciano M. Mercado Memorial Hospital, Santa Maria, Bulacan.

12. The aforementioned facts clearly shows that the heart attack suffered by
Hershey is sudden and without any warnings and was not caused or aggravated by
any foul play or intentional activity. As a matter of fact, Hershey did not even

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complain of any serious sickness or illness or even any concerning symptoms to us
or even to his fellow inmates that would prompt an urgent medical attention.

13. That even Hershey’s live-in partner, Luisita Andaya Trevinio, in her statement
reveals that in their last conversation on the morning of June 10, 2020, Hershey told
her that he is not feeling well and that he is feeling kind of dizzy and that he is easily
gets tired. However, despite of that, such concern was not brought to our attention or
to the attention of any personnel of the station. Attached is the sworn statement of
Luisita A. Trevinio stating the aforementioned fact as Annex “5”.

14. That we always make sure that the health and welfare of our detention
prisoners are always being taken care of. And that prior to the said incident, no such
serious medical concern was brought to our attention by Hershey himself, nor his
fellow inmates or even his live-in partner that would warrant immediate action. As
police officers and even medical practitioners are not capable to predict any serious
health emergency unless the person itself reveals what he is feeling. Thus, such
absence of any information regarding Hershey’s health and what he is feeling
naturally constraints us from doing anything. More so, considering that the cause of
death of Hershey is Cardiac Arrest, such illness is characterized by the medical
community as a silent killer and does not always have obvious symptoms. In fact, a
heart attack can actually happen without a person knowing it. It is called a silent
heart attack, or medically referred to as silent ischemia (lack of oxygen) to the heart
muscle. Hence, it is basically impossible for us, especially not a medical
professional, to prevent something that we do not know.

15. Moreover, there is no sufficient and adequate evidence presented that would
even indicate any act or acts that would constitute the offenses charged. There is
absolutely no allegation of acts which show irregularity in the performance of our
duty and as well as pieces of evidence to support such allegation. As a matter of
fact, our action shows the immediate response needed in the said situation. Thus,
the instant case is considered doom from the beginning as it does not any legal or
factual leg to stand on.

16. I, PMSg Ariel Gacutan, on the otherhand, was not even on the vicinity of the
COMPAQ 4 where Hershey suffered a heart attack. Thus, it will be impossible for
me to do something during said time. As a matter of fact, my only participation with
regards to Hershey was to accompany him, together with his other co-accused to
the said custodial facility, in compliance to the health protocols being practiced by
the station.

17. To further support the aforementioned statements, attached also are our
“Sinumpaang Salaysay” to include that of our COMPAQ Team Leader, PMSg Ruel
Francisco and our COP PLTCOL AMADO A MENDOZA JR as Annexes “6”, “7” and
“8”

18. As declared by the Supreme Court, “it is not the duty of a respondent to
prove”1. Meaning, “the complainant bears the onus of establishing or proving
the averments in his complaint by substantial evidence” 2. And in cases of Grave
Offenses, “the evidence must be competent and derived from direct
knowledge”3. Clearly, there is no direct and competent evidence presented by the
complainant or even here witnesses that will prove the existence of any gave
offense committed by herein respondents;

1Artuz vs. CA, 365 SCRA 269

2Eboro vs. Camposanto 425 SCRA 420
3Office of the Court Administrator vs. Canete 429 SCRA 230

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19. Furthermore, as held by the Supreme Court in the case of De Jesus vs.
Guerrero, G.R. No. 171491, September 4, 2009, it held that:

“In administrative proceedings, the quantum of proof

necessary for a finding of guilt is substantial evidence, i.e.,
that amount of relevant evidence that a reasonable mind
might accept as adequate to support a conclusion. Further,
the complainant has the burden of proving by substantial
evidence the allegations in his complaint. The basic rule is
that mere allegation is not evidence and is not equivalent to
proof. Charges based on mere suspicion and speculation
likewise cannot be given credence. Hence, when the
complainant relies on mere conjectures and suppositions,
and fails to substantiate his allegations, the administrative
complaint must be dismissed for lack of merit.” (emphasis
supplied)

20. All told, the instant administrative case is anchored solely on the assumption
that the herein respondents committed grave irregularity in the performance of duty
which caused the death of PUPC Hershey Dela Cruz. In pursuant to the rules as
supported by the aforementioned jurisprudence, such assumption cannot be a basis
of guilt as such allegation of irregularity must not only be particularly identified and
described, but also be supported by pieces of evidence. In the instant case, the
prosecution has miserably failed in all of the aforementioned aspects. Hence, this
case has no legal and logical course but the dismissal of the instant administrative
case.

21. Moreover, the undersigned respondents have not yet been previously
penalized for any administrative or criminal case that shows their integrity and
faithfulness to their work. The above case also reveals the fact that we immediately
reacted to the incident and immediately transported Hershey to the Hospital still alive
and thus, good faith can also be appreciated as mitigating circumstance. Also a
recipient of various awards and commendations in the ____ years on the part of
PSMSg Marcelo Galsim and ___ years for PSMg Ariel Gacutan of our faithful
service to the organization. Thus, we will not intentionally do anything that would
tarnish and diminish my service reputation. Attached is my PAIS Generated PNP
PDS and Service Record that shows the aforementioned fact as Annex’s “31” and
“32”.

IV.
PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully prayed for the

herein Summary Hearing Officer to recommend that the instant administrative case
be DISMISSED due to lack substantial evidence.

The respondent further prays for such other reliefs just and equitable under
the premises.

Done this 15th day of July 2020 at the City of Malolos, Bulacan.

PMSg Marcelo Galsim PMSg Ariel Gacutan

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 Respondent Respondent
PNP ID No. _______ PNP ID No. _______
Issued on _______ Issued on _______
at Camp Crame, Quezon City at Camp Crame, Quezon City

JURAT

SUBSCRIBED AND SWORN to before me this 15 th day of January 2020 at the

City of Malolos, Bulacan. Above named respondent exhibited to me their respective
PNP ID as proof of their identification.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2020