Republic of the Philippines )

Province of Negros Occidental) S.S

City of Bacolod )
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COUNTER AFFIDAVIT

I, PO2 Joal Talagtag y Valence, 37 years old, married, a resident of

Barangay. Crossing Magallon, Negros Occidental, Philippines, after having been
duly sworn to in accordance with law hereby depose and state;

1. That I am a bona fide and regular member of the Philippine National

Police (PNP) presently assigned at NOCPPSC-NOCPPO, Negros Occidental,
designated as Patrol Member;

2. That I am a graduate of B.S. Criminology and a license

Criminologist;

3. That I entered in PNP service on July 01, 2010 with more than six
(6) years length of PNP service and undergone training and schooling, PNP
SCOUT and PSBRC, respectively;

4. That the affiant received several awards and commendation in the

performance of duties and responsibilities as police officer;

5. That I am the respondent in a Pre-charge investigation for the

offense of LESS GRAVE NEGLECT OF DUTY filed under the Office of Regional
Investigation and Detective Management, PRO 18, Camp Alfredo Montelibano
Sr., Bacolod City;

6. That I vehemently deny having committed Less Grave Neglect of

Duty during the performance of my duties and responsibilities as Patrol Member
of NOCPPSC-NOCPPO when the undersigned unable to take part in the PNP
operation with period covered from 28 of February to 5 of March 2017 and that I
invoke that my act was regular in the boundary of law equity and justice when I
failed report for PNP anti- insurgency operation due to sudden health problem
and operation message was not received due to communication’s technical
failure, a copy of office order of operation is hereto attached as annex
“A” ;

7. That on 26 February 2017 at about 10:00AM, I felt my stomach

was aching and was timing to my passes wherein as hour passed by the pain
going higher and an uncontrollable extra bowel movement was suffered by the
undersigned;

8. On that situation the undersigned forced himself to immediately

proceed to the clinic of Dr. Bella Ramos-Benedicto situated at Doctor’s Hospital,
Bacolod City for immediate medical check-up;

9. That the doctor’s findings dated 26 February 2017 the undersigned

was suffering from gastro enteritis and advised for a seven (7) days rest,
findings dated 26 February 2017 is hereto attached as integral part of
this counter and attached as annex “B”;
 10. Thereafter, I went home to my resident and rest while on medication
and also for observance of my passes and on March 1, 2017 when I felt that I
can carry myself to duty wherein I immediately went back to duty;

11. That when I arrived at our office at 1st Manuever Platoon situated at
Brgy. Bunga, Don Salvador Benedicto, Negros Occidental I was informed by the
duty guard PO2 Earl John Buencochillo that my name was included in the order
to operate on the 5th district for anti- insurgency operation where the said
operation the affiant has a pre-hand information but was not fixed date during
the ailments was suffered;

12. That I was surprised that I don’t even received any message with
regards to said operation in fact the doctor’s advised was to rest for five (5) days
and because of willingness to serve I went back to the office earlier than the
advised;

13. That I don’t received any written order to explain regarding this
matter and on March 04, 2017 the Administrative Office at NOCPPO, Bacolod City
informed me that there was a pre-charge investigation hurled towards the
undersigned wherein on same date, I received the same, copy of summons
issued by RIDMD dated April, 03 2017 is hereto attached as annex “C”;

14. It is very clear on the following reasons why the above-said pre-charge
investigating office with respect to consider not to take disciplinary action against
the respondent were as follows:

a. The respondent’s ailments occurred before the order was

released and finalized, thus, it cannot be predicted and it was
unintentional;

b. Due to the technical failure particularly refer to signal problem

the message was not received where the immediate supervisor
was not informed properly;

c. Substantially, the respondent went back to duty less than the

doctor’s advised that if would possibly aggravate his ailments
but for the love of service reported back;

d. That all such actions and circumstances were not intentional

and the respondent had no intention to violate, transgress
whatever lawful order directed by higher office;

15. Where based on the doctrine of procedural due process a person

should explain first of his side regarding the offense charged prior to the pre-
charge investigation if not complied with would constitute procedural short cut
wherein the constitution does not allow;

16. That in this case to conclude based on law, facts and circumstances
unprocessed sick leave rather than neglect of duty because the law expressly
provides for the mandatory sick leave as a right when a person suffers health
problems;

17. Conclusively, the act I have done is not to neglect but to protect the
PNP operation to not be hampered by my situation under gastro enteritis
ailments;
 18. Based on the foregoing, I did not commit any acts of LESS GRAVE
NEGLECT OF DUTY as alleged, to rule in favor of the unsubstantial allegation is
to cross the boundary of reasons;

19. That I am executing and submitting this affidavit to establish the

veracity of the foregoing facts based on my personal knowledge of the same.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th

day of April 2017 in the City of Bacolod, Negros Occidental, Philippines.

PO2 JOAL V. TALAGTAG

Affiant

SUBSCRIBED AND SWORN to before me this 10th day of April 2017, at

Bacolod City, Negros Occidental, Philippines. I hereby certify that I have
personally examined the affiant, I am convinced and satisfied that they executed
the foregoing statements voluntarily and fully understood the contents thereof.
April 10, 2017

MELCHOR B CORONEL
Police Senior Superintendent
C, RIDMD
PRO 18
Camp Alfredo Montelibano
Brgy. Estefania, Bacolod City

INDORSEMENT

SIR:

The undersigned, PO2 Joal V Talagtag, the herein respondent for LESS GRAVE
NEGLECT OF DUTY, respectfully submitted to this your Office the Counter
Affidavit to include the Annexes and other attachments as formal and legal
compliance as summoned by the above-said Chief Regional Investigation and
Detection Management Division.

In support of said Counter Affidavit of the undersigned submitted the

following:
a. Office order of operation dated February 27, 2017 marked as ANNEX
“A”;
b. Medical Findings issued by Dr. Bella Ramops-Benedicto dated February
26, 2017ANNEX “B”;
c. Summons issued by RIDMD dated April 03, 2017 and marked as
ANNEX “C”;

Any other documents and attachments be submitted upon ordered by the

RIDMD Office that will be needed in the pre-charge investigation.

For formal compliance and appropriate action to the Pre-charge investigator

of the case.

Very truly yours,

PO2 Joal V. Talagtag

RESPONDENT