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-RHSG-RHQ-2017-0482
-versus- For: Grave Misconduct
(Reckless Imprudence Resulting
PO2 Jonathan R Rodeo, in Homicide)
Respondent.
x----------------------------------------------------x
RESOLUTION

This resolves the Motion for Reconsideration (MR) filed by PO2 Jonathan R
Rodeo (Movant), assailing the Decision of the Regional Director, PRO 3, dated April
13, 2018, the dispositive portion of which states:

“WHEREFORE, premises considered, the herein administrative

cases are hereby resolved as follows:

As to the administrative case for Grave Misconduct filed against

respondent PO2 Jonathan R Rodeo docketed under Admin Case No.
PRO3-RHQ-RHSG-2017-0482, the said respondent is hereby found
Guilty of the offence charged and is hereby meted medium penalty of
One (1) Rank Demotion.

xxx.”

Records show that on February 7, 2017 at about 7:15 PM, a pedestrian

identified as Jose G Gabatan was allegedly hit by a motorcycle driven by movant in
front of Lincoln Plaza, located along Olongapo-Gapan road, Brgy San Pablo,
Dinalupihan, Bataan. Said pedestrian was brought to the Hospital but eventually
died. This prompted Edicia G Lumactod (Jose Gabatan’s sister) to file a complaint
against the movant. He was then found guilty and subsequently penalized. Hence,
this MR on the ground of errors of law or irregularity committed prejudicial to the
substantial right and interest of the movant and that the decision is not supported by
evidence on record.

This Office finds that the MR is not meritorious.

Section 20, Rule 17 of NAPOLCOM Memorandum Circular No. 2016-002

provides that: “The party adversely affected by the decision may file a motion for
reconsideration with the Disciplinary Authority which rendered the same within ten
(10) days from receipt of a copy thereof based on any of the following grounds:

a) Newly discovered evidence which, if presented, would materially affect the

decision rendered; or
 b) Errors of law or irregularities have been committed prejudicial to the
substantial rights and interest of the movant; or
c) The decision is not supported by the evidence on record.”

The grounds raised by the movant would not lie.

Firstly, there is no newly discovered evidence presented to warrant the

reconsideration of the decision. He merely reiterated the arguments and defenses
raised in his counter-affidavits, position paper and other documents submitted which
were all considered in the decision.

Secondly, no errors of law or irregularities have been committed. The decision

is supported by substantial evidence which were appreciated and incorporated in the
decision. Thus, there is no valid reason to disturb the decision rendered based on
substantial evidence.

Lastly, the charge against him is supported by evidence on record.

WHEREFORE, foregoing premises considered, the motion for reconsideration

filed by PO2 Jonathan R Rodeo, is hereby DENIED FOR LACK OF MERIT.

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 PO2 Jonathan R Rodeo

DATE : May 28, 2018

1. Reference: AC, RPHRDD memorandum dated May 16, 2018 with attached
records of the case.

2. This pertains to the motion for reconsideration (MR) filed by PO2 Jonathan
R Rodeo, assailing the Decision of the Regional Director, PRO 3, dated April 13,
2018, the dispositive portion of which states:

“WHEREFORE, premises considered, the herein administrative

cases are hereby resolved as follows:

As to the administrative case for Grave Misconduct filed against

respondent PO2 Jonathan R Rodeo docketed under Admin Case No.
PRO3-RHQ-RHSG-2017-0482, the said respondent is hereby found
Guilty of the offence charged and is hereby meted medium penalty of
One (1) Rank Demotion.

xxx.”

3. This Office finds that the MR is not meritorious. Hence, recommend denial.

4. Respectfully submitted for consideration and signature on the attached

draft Resolution.

ANSELMO E ANDAYAN
Police Superintendent