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-2017-0553
-versus- For: Grave Neglect of Duty
(359 days AWOL)

PO2 Samuel A Pascua,

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

RESOLUTION

This resolves the Motion for Reconsideration (MR) filed by PO2 Samuel A
Pascua (Movant), assailing the Decision of the Regional Director, PRO 3 dated April
25, 2018, the dispositive portion of which states:

“WHEREFORE, premises considered, respondent PO2 Samuel

A Pascua is hereby found GUILTY of Grave Neglect of Duty (AWOL)
and is hereby meted with the penalty of DISMISSAL from the service
pursuant to Section 53, RA 8551 in relation to NAPOLCOM
Memorandum Circular No. 2016-002.”

Records show that movant was assigned at the Regional Public Safety
Battalion, PRO3 and was detailed at 2nd Maneuver Company based in Gapan,
Nueva Ecija. He was further detailed at Malolos City Police Station, Bulacan PPO on
November 26, 2015. However, he failed to report for duty on August 1, 2016 to July
26, 2017, incurring a total of Three Hundred Fifty Nine (359) days unauthorized
absences. He was charged, found guilty and meted the penalty of Dismissal from the
service. Hence, this MR claiming that he was bullied by his co-police officers from
the time the augmentation Lambat Sibat started May 2015 and aggravated by family
problems that he needs to tend to.

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 he was bullied by his co-police officers from the time the
augmentation Lambat Sibat started in May 2015 and his request for relief from
Malolos CPS was also not granted. So, out of fear from being bullied again, movant
lost his interest and courage to render his duties. On the process, movant’s wife
learned what happened and they started to have misunderstandings and fights. As a
result, movant committed AWOL. In his MR, he claimed that he needs to settle first
their family problem believing that he cannot be a better police officer who is tasked
to maintain the safety of the community if he himself cannot secure and protect his
own family.

The above circumstances are not sufficient excuse for him to inform his
superior officers or supervisors of his predicament if he is a responsible police
officer. A mere allegation of bullying is not a valid excuse to justify his AWOL. He did
not bother to report to work as gleaned from the DPPAR of the said station. In fact,
as admitted by him in his MR, he lost interest to continue his stint with the PNP and
only recently, when he learned of his dismissal from the service, that he realized that
he need his job to survive. Such unauthorized absences for a long period do not
merit reconsideration or a second chance. It would have been excusable if the period
of AWOL is less than thirty (30) days. 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 PO2 Samuel A Pascua, 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 Samuel A Pascua

DATE : June 5, 2018

1. Reference: AC, RPHRDD memorandum dated May 28, 2018 with attached
records of the case.

2. This pertains to the motion for reconsideration (MR) filed by PO2 Samuel A
Pascua, assailing the Decision of the Regional Director, PRO 3 dated April 25, 2018,
the dispositive portion of which states:

“WHEREFORE, premises considered, respondent PO2 Samuel

A Pascua is hereby found GUILTY of Grave Neglect of Duty (AWOL)
and is hereby meted with the penalty of DISMISSAL from the service
pursuant to Section 53, RA 8551 in relation to NAPOLCOM
Memorandum Circular No. 2016-002.”

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