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-B
PLTCOL AMADO A MENDOZA JR For: Less Grave Neglect of Duty
ACOP, Marila MPS (Command Responsibility)
Respondent,
x---------------------------------------------------x

RESPONDENT’S
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. I am the respondent in the instant administrative case for alleged Less Grave
Neglect of Duty (Command Responsibility) 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. At that time, as the current situation regarding the COVID 19 Pandemic is on

consideration, 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. Based on the report 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 the attention of
PMSg Marcelo Galsim of what happened and immediately call for the assistance of
Marilao Rescue Team. Upon arrival of the Rescue Team led by Mr. Wilfredo Diaz,
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.
However, at about 3:50PM on the same day, Hershey expired due to Cardiac

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Arrest/Heart Attack as per initial findings of the attending Physician, Dr. Raineil
Genesa. This is evidence by the Death Certificate of the deceased Hershey Dela
Cruz and is hereto attached as Annex “1” and the cause of death under item 9b
bracketed and marked as Annex “1-A”.

6. As part of the standard operating procedure, the elements of the station were
tasked 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, PMSg Galsim immediately 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
respondent is administratively liable for the offense of Less Grave Neglect of Duty
(Command Responsibility) in connection to the death of PUPC Hershey Dela Cruz.

III.
ARGUMENTS AND DISCUSSIONS
8. Clearly and based on the aforementioned established fact itself, the answer to
the instant issue is in the negative. As a matter of fact, I 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. That the truth of the matter is that as a commander, I always make sure that
all the laws, rules and regulations as well as established protocols are being
followed by my personnel. This has always been a subject of our PICE so as to
always remind them of the things to do and not to do during their tour of duty.

10. In the instant case, the detention of Hershey Dela Cruz as well as his other
co-accused to the COMPAQ 4 detention facility was pursuant to the health protocols
being implemented by the PNP in order to avoid co-mingling of detainees as prevent
the spread of COVID 19. Said detention facility is also equally compliant to the
standards of detention facilities of the PNP.

11. As soon as I receive the report of the said aforementioned incident, and as
the commander of my unit, I immediately directed my chief investigator to conduct
an investigation relative to the death of PUPC Hershey Dela Cruz. This is to find out
if there is a foul play or even appearance thereof exists in relation to such incident.
As such, the concerned personnel were immediately directed to submit their
explanation surrounding the death of PUPC Hershey Dela Cruz. Attached is a copy
of a Memorandum to explain addressed to PSMg Ruel B Francisco and Marcelo G.
Galcim dated June 10, 2020 as Annex “3”.

12. My investigator then immediately to conduct a thorough investigation

surrounding the said incident in order to remove any appearance of irregularity or
misconduct.

13. On June 16, 2020, my Chief, Investigator concluded his investigation and
submitted our Investigation Report on the death of PUPC Hershey Dela Cruz due to

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Cardiac Arrest to the Provincial Director of Bulacan PPO. I am attaching herewith the
said Investigation Report submitted to the Provincial Director of Bulacan including all
its attachments to form part of this position paper:

a. Investigation Report (IR) on the Death of Person Under Police

Custody in Marilao Custodial Facility due to Cardiac Arrest in
Marilao Bulacan dated June 16, 2020 (Annex “4”);
b. Report on Violation of Art. 2, Section 11, 13, 14 and 15 of RA 9165
in Marilao, Bulacan dated June 7, 2020. (Annex “5”)
c. Investigation Data Form with NPS Docket Number III-04-INQ-03100
to 03102 (Annex “6”);
d. E-Inquest Receipt for the case under NPS Docket No. III-04-INQ-
03100 to 03102 dated June 8, 2020. (Annex “7”)
e. Progress Report on Violation of Art. 2, Section 11, 13, 14 and 15 of
RA 9165 in Marilao, Bulacan dated June 8, 2020 (Annex “8”);
f. Excerpt of the Blotter Entry on the transfer of detainee including
PUPC Hershey Dela Cruz dated June 7, 2020 (Annex “9”);
g. Excerpt of the Blotter Entry indicating the Transport of the Living
Body of PUPC Hershey Dela Cruz by the Marilao Rescue Team to
the hospital and accompanied by PSSg Galsim dated June 10, 2020
at 2:00PM (Annex “10”);
h. Excerpt of the Blotter Entry indicating the death of PUPC Hershey
Dela Cruz due to heart attack/ Cardiac Arrest (Annex “11”);
i. Informative Report on Death of Person Under Police Custody in
Marilao Custodial Facility due to Cardiac Arrest in Marilao, Bulacan
dated June 10, 2020 (Annex “12”);
j. Certification of Identification and Consent for Autopsy indicating the
Not Giving of Consent for Autopsy on the Body of PUPC Hershey
Dela Cruz (Annex “2”);
k. Sworn Statement of Luisita Andaya Trevinio (Annex “13”);
l. Sworn Statement of Jonathan P Adona (Annex “14”)
m. Sworn Statement of Wilmar Masinopa Bonna (Annex “15”);
n. Sinumpaang Salaysay of PMSg Marcelo G Galsim (Annex “16”);
o. Sinumpaang Salaysay of PMSg Ruel Francisco (Annex “17”);
p. Death Certificate of Hershey Dela Cruz (Annex “1”);
q. Pinagsanib na Sinumpaang Salaysay of PLTCOL AMADO A
MENDOZA JR. and PMSg Ariel B Gacutan (Annex “18”);
r. Photographs showing PUPC Hershey Dela Cruz being rushed in
Rogaciano Mercado Memorial Hospital in Santa Maria, Bulacan.
(Annex “19”);
s. Photographs showing PUPC Hershey Dela Cruz being treated
inside the emergency room of the Rogaciano Mercado Memorial
Hospital in Santa Maria, Bulacan (Annex “20”);
t. Photographs showing PMSg Marcelo Galsim entertaining the family
of PUPC Hershey Dela Cruz when they arrived at the Rogaciano
Mercado Memorial Hospital in Santa Maria, Bulacan (Annex “21”);

14. Based on the aforementioned facts as supported by the attached pieces of

evidence, it clearly indicates that his demise of PUPC Hershey Dela Cruz 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;

15. 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

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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 PSMSg Galsim regarding the incident.

16. Records also reveal that as soon as PSMSg Galsim saw the inmates carrying
the almost lifeless body of Hershey, he immediately called 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.

17. 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
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.

18. As such, the investigation reveals that the duty jailer at that time did his best
to save the life of PUPC Hershey Dela Cruz. The act of calling the Marilao Rescue
for medical assistance was clearly prompt and in accordance with the procedure in
handling PUPC in need of medical attention.

19. Charges and allegations not based on actual knowledge cannot and should
not be given any credence or evidentiary value whatsoever. Clearly, the instant case
can be considered as hearsay for having no basis in fact or in law. As a matter of
fact, nothing in the established facts can constitute even a semblance of irregularity
more so even neglect of duty as I have religiously performed my duty even beyond
of what is required of me by existing rules.

20. Moreover, there is no sufficient and adequate evidence presented that would
even indicate any act or acts that would constitute the offenses charged. Thus, the
instant case even at this stage is considered doom as it does not any legal or factual
leg to stand on.

21. 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)

22. Moreover, 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

1Artuz vs. CA, 365 SCRA 269

2Eboro vs. Camposanto 425 SCRA 420

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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;

23. Moreover, the undersigned respondent has not yet been previously
penalized for any administrative or criminal case that shows their integrity and
faithfulness to their work. The above case also established the fact that my
personnel has satisfactory and religiously performed their tasks in accordance with
existing rules and thus, good faith can also be appreciated as mitigating
circumstance. Also a recipient of various awards and commendations in the more
than twenty years of my faithful service to the organization. Thus, I 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 “22” and “23”.

IV.
PRAYER

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

Summary Hearing Officer to recommend that the instant administrative case be
DISMISSED due to lack of legal and factual basis and lack of substantial evidence.

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

Done this 16th day of July 2020 at the City of Malolos, Bulacan.

PLTCOL AMADO A MENDOZA JR

Respondent

JURAT

SUBSCRIBED AND SWORN to before me this 16 th day of July 2020 at the

City of Malolos, Bulacan. Above named respondent exhibited to me his PNP ID with
Number __________________ issued on _____________ at Quezon City.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2020

3Office of the Court Administrator vs. Canete 429 SCRA 230