Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE 3
OFFICE OF THE REGIONAL DIRECTOR
Camp Captain Julian Olivas, City of San Fernando, Pampanga

PHILIPPINE NATIONAL POLICE,

Complainant, Admin Case No.
PRO3-RHQ-RHSG-2017-0420
For: Grave Neglect of Duty (AWOL)

-versus-

PO1 Arnie O Dollosa,

Respondent.
x---------------------------------------------------x

RESOLUTION

This resolves the Motion for Reconsideration (MR) filed by PO1 Arnie O
Dollosa (Movant), assailing the Decision of the Regional Director, PRO 3 dated May
17, 2017, the dispositive portion of which states:

“WHEREFORE, premises considered, respondent PO1 Arnie O

Dollosa is found GUILTY of the offense charged and hereby meted
with the penalty of DISMISSAL from the police service.”

Records show that movant while assigned at the Macabebe Municipal Police
Station, Pampanga Police Provincial Office, failed to report for duty from June 24,
2015 to July 24, 2015, or for a total period of Thirty One (31) days. He was
charged, found guilty and meted the penalty of Dismissal from the service. Hence,
this MR raising the following grounds:

“I. Movant should be considered on automatic leave of absence

II. There is denial of administrative due process of law
III. The instant motion is still obtaining as it was not barred by prescription
even if the same was already filed outside the reglamentary period as the
decision dismissing appellant from the service is not valid, thus is has not
gained finality
IV. The decision imposing the maximum penalty of dismissal from the service is
excessive”

In his MR, movant alleged that during his absences, his mother, Marcelina
Dollosa, who was then suffering from serious illnesses: Upper Gastrointestinal Bleed
Secondary to Esophageal Varices; Congestive Gastropathy; and Decompensated
Liver Cirrhossis, was confined at Dr. Pablo Torre Memorial Hospital, Bacolod City. It
is for this reason that movant failed to report for duty because he has to look after his
sick mother and to provide for her financial needs.

In support of his allegations, movant attached the various medical certificates,

clinical chemistry, ultrasound report, clinical laboratory report, surgical
pathology/cytology report, other patient medical records, and the Death Certificate of
his mother who eventually died on November 14, 2015 by reason of such illnesses.

Movant then argued that he should be considered on “automatic leave of

absence” during those days citing the case of City Government of Makati vs. CSC,
G.R No. 131392, wherein the Supreme Court ruled that: “Leave of absence for any
reason other than illness of an official or employee or any member of his immediate
family must be contingent upon the need of the service. Hence, the grant of vacation
leave shall be at the discretion of the head of department/agency. xxx.”

Movant further argued that the penalty imposed is too excessive. He

reiterated the mitigating circumstances of length of service, awards and
commendations, etc., which were not appreciated.

This Office finds that the MR is partly meritorious.

The illness of his mother is not a valid ground to totally justify his absences
and to exculpate him of any administrative liability considering that he had all the
time and opportunity to inform his superior officer or his unit of his predicament
through any means of communication to avoid being on AWOL.

Although illness of an immediate member of family, as enunciated in the

above-cited case, could be a valid ground for an employee to be absent even without
the prior filing of an application for leave, the same, however, is not an excuse for an
employee to initially inform his unit or superior officer of his predicament. The
Supreme Court in the above-cited case held that:

“xxx. Obviously, illness cannot be scheduled and is beyond the

control of the absent employee so that contingency upon the needs of
the service would be irrelevant. It is enough that the employer be
informed of the absent employee’s illness, which the information is the
effective substitute for a prior leave application.”

Had the movant initially inform his superior officer or his unit of his
predicament, he could have avoided being marked on AWOL and subsequently
charged administratively. The reason for being on AWOL may be valid, but what is
being punished was his negligence or failure to inform his employer of such
predicament which could have been a substitute for a prior leave application. Movant
failed in this aspect.

WHEREFORE, foregoing premises considered, the motion for reconsideration

filed by PO1 Arnie O Dollosa, is PARTLY GRANTED. The penalty of dismissal from
the service previously imposed is hereby modified to SIXTY (60) DAYS
SUSPENSION. Further, the period of his AWOL of thirty one (31) days is
deductible from his leave credits.

SO RESOLVED.

Done this _____ day of ____________ at Camp Captain Julian Olivas, City of
San Fernando, Pampanga.

AMADOR V CORPUS
Police Chief Superintendent
Regional Director, PRO 3
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE 3
REGIONAL LEGAL OFFICE 3
Camp Captain Julian Olivas, City of San Fernando, Pampanga

MEMORANDUM

FOR : RD, PRO3

THRU : DRDA ____________

: RCDS ____________

: AC, RPHRDD _________

FROM : AC, RLO3

SUBJECT : Motion for Reconsideration of PO1 Arnie O Dollosa

DATE : June 5, 2018

1. Reference: AC, RPHRDD memorandum dated May 31, 2018 with attached
records of the case.

2. This pertains to the motion for reconsideration (MR) filed by PO1 Arnie O
Dollosa, assailing the Decision of the Regional Director, PRO 3 dated May 17, 2017,
the dispositive portion of which states:

“WHEREFORE, premises considered, respondent PO1 Arnie O

Dollosa is found GUILTY of the offense charged and hereby meted
with the penalty of DISMISSAL from the police service.”

3. This Office finds that the MR is partly meritorious. Hence, recommend that
the penalty of dismissal from the service previously imposed be modified to SIXTY
(60) DAYS SUSPENSION. Further, the period of his absences (31 days) be
deductible from his leave credits.

4. Respectfully submitted for consideration and signature on the attached

draft Resolution.

ANSELMO E ANDAYAN
Police Superintendent