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-2018-014
For: Grave Neglect of Duty
(220 days AWOL)
-versus-

Admin Case No.

PO1 Jayson D Gano, PRO3-RHQ-RHSG-2018-016
Respondent. For: Less Grave Neglect of Duty
(Failure to comply with any lawful order or
instruction of a Superior or Chief of Police)
x-----------------------------x

RESOLUTION

This resolves the Motion for Reconsideration (MR) filed by PO1 Jayson D
Gano (Movant), assailing the Decision of the Regional Director, PRO 3 dated April
15, 2018, the dispositive portion of which states:

“WHEREFORE, premises considered, this Disciplinary Authority

finds respondent PO1 Jayson D Gano GUILTY of both offenses and
hereby meted with the maximum penalty of DISMISSAL from the
service.”

Records show that movant was assigned at the Regional Public Safety
Battalion (RPSB), PRO3 and was subsequently detailed at Angeles City Police
Office. However, he failed to report for duty on March 13, 2017 to October 18, 2017,
incurring a total of Two Hundred Twenty (220) days unauthorized absences. He was
likewise charged of Less Grave Neglect of Duty (Failure to comply with any lawful
order or instruction of a Superior or Chief of Police) for failure to report for drug
testing. He was found guilty of both offenses and meted the penalty of Dismissal
from the service. Hence, this MR claiming that he was sick and that of his wife during
his absences, thus, he should have been penalized with a lesser penalty.”

This Office finds that the MR is not meritorious. It does not raise valid ground
to warrant the reversal or modification of the Decision sought to be reconsidered.

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 ground raised by the movant does not fall under any of the following
valid/legal grounds above-cited.

Movant claimed that his wife incurred serious illness during her pregnancy so
he hurriedly headed home to take care of her and that of their two (2) children aged
8 and 4. On the process, he also got sick. He attached photocopies of medical
certificates showing that his wife, Jonabel Gano, consulted a medical doctor on
several occasions. However, there is no showing that she was confined in a clinic or
hospital. Movant further attached medals and commendation to support his plea for a
lesser/lower penalty.

The above circumstances are not sufficient excuse for him to inform his unit/
situation of his predicament. He could have exerted efforts to report to his unit to file
an application for leave, or to inform his superior of his inability to report for duty thru
other means of communications. He failed in this aspect and chooses to be on
AWOL for a long period of time (220 days). It would have been excusable if the
period of AWOL is less than thirty (30) days but he went on AWOL for such a long
period without informing his unit of his predicament and without giving importance to
his employment. Thus, there is no valid reason to disturb the decision rendered
based on substantial evidence.

WHEREFORE, foregoing premises considered, the motion for reconsideration

filed by PO1 Jayson D Gano, 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 PO1 Jayson D Gano
DATE : May 30, 2018

1. Reference: AC, RPHRDD memorandum dated May 17, 2018 with attached
records of the case.
2. This pertains to the motion for reconsideration (MR) filed by PO1 Jayson D
Gano, assailing the Decision of the Regional Director, PRO 3 dated April 15, 2018,
the dispositive portion of which states:

“WHEREFORE, premises considered, this Disciplinary Authority

finds respondent PO1 Jayson D Gano GUILTY of both offenses and
hereby meted with the maximum penalty of DISMISSAL from the
service.”
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