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Republic of the Philippines

Department of Interior and Local Government


National Police Commission
Philippine National Police- PRO ARMM
Camp Brigadier General Salipada K. Pendatun
Parang, Maguindanao

IN RE: Grave Neglect of Duty allegedly committed by PSINSP


JESERYL A DELA CRUZ
RESOLUTION
This resolves the Grave Neglect of Duty allegedly committed by
PSINSP JESRYL A DELA CRUZ as reflected on the Pre-Charge
Evaluation Report dated September 8, 2016 from MAGPPO filed
before the Office of the Regional Investigation and Detective
Management Division PRO ARMM

That, as a backgrounder, respondent was formerly assigned with


the Tawi Tawi PPO he was reassigned to Maguindanao PPO
pursuant to RPHRDD S.O.# 838 dated August 4, 2016;

That, respondent failed to report on his new assignment on time


thus MAGPPO submitted an Investigation Report dated September
8, 2016 addressed to RD, PRO ARMM charging respondent for
Serious Neglect of Duty for incurring twenty five (25) days of
continuous absences;

That, as the result thereof respondent was Dropped from Rolls


pursuant to RPHRDD S.O. # 1179 dated October 3, 2016 approved
by RD, PRO ARMM on September 30, 2016;

That, respondent submitted a timely Motion for Reconsideration


which was approved by PCSUPT AGRIPINO G JAVIER then RD
PRO ARMM thus respondent was reinstated to Active Duty pursuant
to RPHRDD S.O.# 1433 dated December 6, 2016;

That, summons was sent to respondent dated June 13, 2017


personally received by respondent, he verbally requested ample time
to submit his Counter Affidavit;

That, on June 19, 2017 respondent submitted his Counter


Affidavit alleging;

That, when he was Dropped from Rolls and submitted his Motion
for Reconsideration the approving authority during that time found
merit on said instrument thus was reinstated to active duty. Worth
mentioning was the administrative flawed /lapses that was
committed;

That, Investigation Report dated September 8, 2016 submitted by


MAGPPO to the Office of the Regional Investigation and Detective
Management Division stated that respondent incurred twenty five
(25) days of continuous absences however the Pre-Charge
Evaluation Report from RIDMD reflected that respondent incurred
fifty six (56) days of continuous absences;

For the record respondent was accorded with the distinguish


Medalya ng Kasanayan excerpt of which;

“xxx……for conducting meritorious acts in the series of


successful law enforcement operation from August 4 to 24,
2016 in the implementation of Project Double Barrel……xxxx”

Records showed that there is again another administrative


flawed/ lapses incurred in the correct number of absences allegedly
committed by herein respondent;

Besides from the fact that respondent was not properly informed
nor was furnished with his reassignment/transfer order he
continuously performed his duty at TTPPO;

Pursuant to Para 6 a.5 of NHQ PNP Circular No. 2008-005 dated


May 17, 2008 (Prescribing Guidelines on AWOL/DFR Cases) states
that;

In case of Motion for Reconsideration filed by the PNP


member found to be on absence without official leave is
meritorious (sick/ill, reassigned to other unit without his
knowledge, but continuously reported for duty, or due to
administrative lapses), he shall be restored to his former
position with entitlement to all the benefits and allowances he
failed to received during the period of his absence.

On the allegation of the Pre-Charge Evaluator of RIDMD


appearing on the Pre-Charge Evaluation Report dated April 6, 2017
Paragraph 13, 14 and 15. Respondent would like to remind this
Quasi-Judicial Body that investigation refers to facts not to allegation
or personal opinion, for the record no documents, sworn
statements, subscribed affidavit would show that;
1. Any one from Tawi Tawi PPO managed to inform or
furnish respondent with a copy of the Radio Message.
2. PCINSP JONATHAN B DE GRACIA did not execute
any sworn statement attesting that he had talked with
respondent through his cellular phone.

This is the very essence of the case PO2 Montoya vs


PNP/NCRPO the Supreme Court ruled;
“We conclude that petitioner was denied the due process
of law and that not even the fact that the charge against him
is serious and evidence of his guilt is in the opinion of his
superiors strong can compensate for the procedural shortcut
evident inn the record of this case.
It is precisely in cases such as this, that utmost care be
exercised lest in the drive to clean up the ranks of the police
those who are innocent are denied justice or, through blunder
those who are guilty are allowed to escape punishment..”
Furthermore, respondent/accused has the right to be properly
informed of the true nature of the offense imputed against him/her,
being wrongfully accused of an offense is aground for the dismissal of
the case (error in the number of alleged absences incurred);

Lastly, respondent prayed for the dismissal of the administrative


case filed against him due to flawed committed

After careful perusal of the records pertaining this administrative


case, the undersigned Summary Hearing Officer humbly opined;

Respondent being an enlisted personnel of the PNP more so a


Commissioned Officer should always be mindful of his
reassignment/transfer order and should follow it religiously.

However, in the case at bar no proof would show that Tawi Tawi
PPO have furnished/notified respondent of RPHRDD S.O. # 838
dated August 4, 2016 as such after “ a series of meritorious and
successful operation from August to 24, 2016..” respondent was
accorded with the appropriate award;
Respondent was accused to have incurred fifty six (56) days of
continuous absences a gleaned from the Pre-Charge Evaluation
Report dated April 6, 2017 of RIDMD. Nonetheless, it showed
discrepancies from the fact that as from August 4 to 24, 2016
respondent indulges himself in a series of meritorious and successful
operation within the jurisdiction of Tawi Tawi PPO;

In filing of a criminal/administrative complaint it is necessary that


all evidence must be attached/submitted to prove the guilt of the
accused. It was noticed in Para 13, 14 and 15 of the Pre-Charge
Evaluation Report dated April 6, 2017 of RIDMD it bring forth
allegation without the necessary documentary evidence in support of
the allegation by the Pre-Charge Evaluator that respondent has
knowledge of his transfer, PCINSP JONATHAN DE GRACIA have
personally talked/communicated with respondent, this falls under the
Burden of Proof;

Administrative due process requires that, prior to imposing of


disciplinary sanction the disciplining authority must make an
independent assessment of the facts and the law.  On its face, a
decision imposing administrative sanctions must show the bases for
its conclusions.  While the investigation of a case may be delegated
to and conducted by another body or group of officials, the
disciplining authority must nevertheless weigh the evidence gathered
and indicate the applicable law. Such procedure is part of the
sporting idea of fair play in a democracy. (SUPREME COURT EN
BANC [G.R. No. 157684.  April 27, 2005] DEPARTMENT OF
HEALTH, petitioner, vs. PRISCILLA G. CAMPOSANO, ENRIQUE
L. PEREZ, and IMELDA Q. AGUSTIN, respondents.)

In view hereof, it is hereby recommended that the administrative


case for Grave Neglect of Duty filed against PSINSP JESERYL A
DELA CRUZ be Dropped and Closed for Insufficiency of Evidence.
Further recommend signature of the RD PRO ARMM on the attached
Decision.

So resolved.

Signed this ______day of __________2017 at Parang,


Maguindanao, Philippines.

BARLOWE D ESPIGA
Police Chief Inspector
Summary Hearing Officer
Republic of the Philippines
Department of Interior and Local Government
National Police Commission
Philippine National Police- PRO ARMM
Camp Brigadier General Salipada K. Pendatun
Parang, Maguindanao

IN RE: Grave Neglect of Duty allegedly committed by PSINSP


JESERYL A DELA CRUZ
DECISION
This decides the Grave Neglect of Duty allegedly committed by
PSINSP JESRYL A DELA CRUZ as reflected on the Pre-Charge
Evaluation Report dated September 8, 2016 from MAGPPO filed
before the Office of the Regional Investigation and Detective
Management Division PRO ARMM

That, as a backgrounder, respondent was formerly assigned with


the Tawi Tawi PPO he was reassigned to Maguindanao PPO
pursuant to RPHRDD S.O.# 838 dated August 4, 2016;

That, respondent failed to report on his new assignment on time


thus MAGPPO submitted an Investigation Report dated September
8, 2016 addressed to RD, PRO ARMM charging respondent for
Serious Neglect of Duty for incurring twenty five (25) days of
continuous absences;

That, as the result thereof respondent was Dropped from Rolls


pursuant to RPHRDD S.O. # 1179 dated October 3, 2016 approved
by RD, PRO ARMM on September 30, 2016;

That, respondent submitted a timely Motion for Reconsideration


which was approved by PCSUPT AGRIPINO G JAVIER then RD
PRO ARMM thus respondent was reinstated to Active Duty pursuant
to RPHRDD S.O.# 1433 dated December 6, 2016;

That, summons was sent to respondent dated June 13, 2017


personally received by respondent, he verbally requested ample time
to submit his Counter Affidavit;

That, on June 19, 2017 respondent submitted his Counter


Affidavit alleging;

That, when he was Dropped from Rolls and submitted his Motion
for Reconsideration the approving authority during that time found
merit on said instrument thus was reinstated to active duty. Worth
mentioning was the administrative flawed /lapses that was
committed;

That, Investigation Report dated September 8, 2016 submitted by


MAGPPO to the Office of the Regional Investigation and Detective
Management Division stated that respondent incurred twenty five
(25) days of continuous absences however the Pre-Charge
Evaluation Report from RIDMD reflected that respondent incurred
fifty six (56) days of continuous absences;

For the record respondent was accorded with the distinguish


Medalya ng Kasanayan excerpt of which;

“xxx……for conducting meritorious acts in the series of


successful law enforcement operation from August 4 to 24,
2016 in the implementation of Project Double Barrel……xxxx”

Records showed that there is again another administrative


flawed/ lapses incurred in the correct number of absences allegedly
committed by herein respondent;

Besides from the fact that respondent was not properly informed
nor was furnished with his reassignment/transfer order he
continuously performed his duty at TTPPO;

Pursuant to Para 6 a.5 of NHQ PNP Circular No. 2008-005 dated


May 17, 2008 (Prescribing Guidelines on AWOL/DFR Cases) states
that;

In case of Motion for Reconsideration filed by the PNP


member found to be on absence without official leave is
meritorious (sick/ill, reassigned to other unit without his
knowledge, but continuously reported for duty, or due to
administrative lapses), he shall be restored to his former
position with entitlement to all the benefits and allowances he
failed to received during the period of his absence.

On the allegation of the Pre-Charge Evaluator of RIDMD


appearing on the Pre-Charge Evaluation Report dated April 6, 2017
Paragraph 13, 14 and 15. Respondent would like to remind this
Quasi-Judicial Body that investigation refers to facts not to allegation
or personal opinion, for the record no documents, sworn
statements, subscribed affidavit would show that;
1. Any one from Tawi Tawi PPO managed to inform or
furnish respondent with a copy of the Radio Message.
2. PCINSP JONATHAN B DE GRACIA did not execute
any sworn statement attesting that he had talked with
respondent through his cellular phone.

This is the very essence of the case PO2 Montoya vs


PNP/NCRPO the Supreme Court ruled;
“We conclude that petitioner was denied the due process
of law and that not even the fact that the charge against him
is serious and evidence of his guilt is in the opinion of his
superiors strong can compensate for the procedural shortcut
evident inn the record of this case.
It is precisely in cases such as this, that utmost care be
exercised lest in the drive to clean up the ranks of the police
those who are innocent are denied justice or, through blunder
those who are guilty are allowed to escape punishment..”

Furthermore, respondent/accused has the right to be properly


informed of the true nature of the offense imputed against him/her,
being wrongfully accused of an offense is aground for the dismissal of
the case (error in the number of alleged absences incurred);

Lastly, respondent prayed for the dismissal of the administrative


case filed against him due to flawed committed

After careful perusal of the records pertaining this administrative


case, the undersigned humbly opined;

That, respondent being an enlisted personnel of the PNP more so


a Commissioned Officer should always be mindful of his
reassignment/transfer order and should follow it religiously.

However, in the case at bar no proof would show that Tawi Tawi
PPO have furnished/notified respondent of RPHRDD S.O. # 838
dated August 4, 2016 as such after “ a series of meritorious and
successful operation from August to 24, 2016..” respondent was
accorded with the appropriate award;

That, respondent was accused to have incurred fifty six (56) days
of continuous absences a gleaned from the Pre-Charge Evaluation
Report dated April 6, 2017 of RIDMD. Nonetheless, it showed
discrepancies from the fact that from August 4 to 24, 2016
respondent indulges himself in a series of meritorious and successful
operation within the jurisdiction of Tawi Tawi PPO;

In filing of a criminal/administrative complaint it is necessary that


all evidence must be attached/submitted to prove the guilt of the
accused. It was noticed in Para 13, 14 and 15 of the Pre-Charge
Evaluation Report dated April 6, 2017 of RIDMD it bring forth
allegation without the necessary documentary evidence in support of
the allegation by the Pre-Charge Evaluator that respondent has
knowledge of his transfer, PCINSP JONATHAN DE GRACIA have
personally talked/communicated with respondent, this falls under the
Burden of Proof;

Administrative due process requires that, prior to imposing of


disciplinary sanction the disciplining authority must make an
independent assessment of the facts and the law.  On its face, a
decision imposing administrative sanctions must show the bases for
its conclusions.  While the investigation of a case may be delegated
to and conducted by another body or group of officials, the
disciplining authority must nevertheless weigh the evidence gathered
and indicate the applicable law. Such procedure is part of the
sporting idea of fair play in a democracy. (SUPREME COURT EN
BANC [G.R. No. 157684.  April 27, 2005] DEPARTMENT OF
HEALTH, petitioner, vs. PRISCILLA G. CAMPOSANO, ENRIQUE
L. PEREZ, and IMELDA Q. AGUSTIN, respondents.)

Wherefore, premises considered, it is hereby ordered that the


administrative case for Grave Neglect of Duty filed against PSINSP
JESERYL A DELA CRUZ be Dropped and Closed for Insufficiency of
Evidence. With stern warning that repetition of the same offense will
be dealt with accordingly.

So Ordered.

Signed this ______day of __________2017 at Parang,


Maguindanao, Philippines.

REUBEN THEODORE C SINDAC


Police Chief Superintendent
Regional Director
Therefore, respondent have rendered 21 days of duty at TTPPO;

That, for the record RIDMD may have erred in the computation of
the correct number of absences respondent allegedly committed.

On this note respondent humbly would like to explain;


5. TTPPO PHRDD S.O. # 83 dated July 11, 2016 relieving
respondent from Languyan MPS and further reassigning the same to
PHAU TTPPO;

6. TTPPO PHRDD S.O. # 90 dated July 14, 2016 reassigning


respondent from PHAU to Bongao MPS designated as Deputy Chief
of Police;

7. On August 4, 2016 RPHRDD S.O. # 838 was published


relieving the undersigned from TTPPO effective August 5, 2016 and
further reassigning the same to Maguindanao Police Provincial Office
MPPO PRO ARMM however, respondent was not inform nor was
furnish of said order and continued performing his duty at TTPPO;

8. Subsequently, on August 8, 2016 PCSUPT AGRIPINO G


JAVIER Regional Director PRO ARMM and PSUPT ALLAN B
PALOMO then Chief, RPHRDD arrived at Camp Alejandro Suarez,
Bongao, Tawi Tawi as guest of honor and accorded awards to
deserving TTPPO personnel for their accomplishment likewise for his
command visit;

9. That, during said activity PSINSP RENZ MARION B BALORAN


then OIC, Simunul MPS was one of the awardee and brought to RD’s
attention RPHRDD S.O. # 838 dated August 4, 2016. PSINSP
BALORAN averred that why was he relieved when he was
performing his duty (to include respondent);

10. That, after conversing with PSUPT PALOMO, the honorable


RD gave his instruction/order to PSUPT PALOMO and was heard
openly by TTPPO personnel that RPHRDD S.O. # 838 dated
August 4, 2016 is Canceled /Nullified NO TTPPO personnel will
be relieved. Upon hearing this it was understood by the respondent
that the same remained assign at Bongao MPS TTPPO;

11. That, respondent was surprised when informed that MAGPPO


have reported him as Absent Without Official Leave (AWOL) when in
fact, from August 1 to 24, 2016 respondent have conducted
meritorious heroic acts in the series of successful law enforcement
operation in the implementation of Project Double Barrel that leads to
the neutralization of three (3) drug personalities, confiscation of
undetermined quantity of Methamphetamine Hydrochloride
(SHABU) and two (2) firearms in Bongao, Tawi Tawi wherein the
undersigned was accorded with the distinguished MEDALYA NG
KAGALINGAN G.O. # 1614 dated August 24, 2016;

12. That, respondent after summing all his personal belongings


immediately reported to Camp Datu Akilan Ampatuan, Maguindanao
Police Provincial Office, Shariff Aguak, Maguindanao on September
28, 2016;

13. That, MAGPPO transmitted a Radio Message with Cite


Number MPPOA-0916-28-131 addressed to RD, PRO ARMM dated
September 28, 2016 informing that respondent (PSINSP JESERYL A
DELA CRUZ) has already reported for duty;

14. That, MAGPPO having control of respondent issued PHRDD


S.O. # 526 dated September 28, 2016 S.O. # 526 (MPPO) signed by
PSSUPT NICKSON B MUKSAN and changing the status of
respondent to DUTY STATUS further was detailed to the Provincial
Operation and Plans Branch (S3 MPPO) effective on same date;

15. That, the issuance of RPHRDD S.O. # 1179 dated October 3,


2016 was published dropping respondent from the PNP rolls base on
the RPHRDD Memorandum dated September 23, 2016 approved by
RD PRO ARMM on September 30, 2016 should be moot and
academic considering that PRO ARMM has jurisdiction and custody
of herein respondent to answer the Serious Neglect of Duty charged
against the same;

16. That, it was notice in the Regional Investigation and Detective


Management Division (RIDMD/R7) Charge Sheet signed by PCINSP
APRIL LOU M PALMA reflected to separate charges;
A. Less Grave Neglect of Duty (NAPOLCOM MC 2016-002)
B. Grave Misconduct (RA 8551 in re to NAPOLCOM 2016-002)
excerpts from Facts of the Case states;
“xxxx...failed to submit his explanation despite the ARD sent
a memorandum to subject PCO to explain thereof. That while
he was COP of Languyan MPS allegedly he continuously
provided security/escorts the incumbent Mayor of Languyan
Municipality...xxxx”

17. Likewise, the Memorandum from RD, PRO ARMM deted


September 8, 2016 addressed to PSINSP JESERYL A DELA CRUZ
JR COP Languyan MPS, excerpts of which;
“xxx...Reports have reached me that you continuously
provided security to Mayor Ismael Sali incumbent mayor of
Languyan while you were the COP of said municipality, This
was confirmed by your successor...xxx”

18. That, respondent was not given a chance to present himself


because he was dropped from rolls even though PRO ARMM has
already jurisdiction over him; Rule 17 Sec 18 of NAPOLCOM MC
2016-002 states;
“A respondent may be found culpable of an offense
separate and distinct from that which he is charged:Provided
that the acts constituting the offense of which he was found
culpable were alleged in the complaint and the respondent was
given the opportunity to answer.”

19. That, to shed light on the Memorandum issued by RD, PRO


ARMM dated September 8, 2016 addressed to PSINSP JESERYL A
DELA CRUZ JR COP, LANGUYAN MPS respondent took it as a
different person because respondent has no qualifier and is relieved
from Languyan MPS since July 11, 2016. Relatively the person of the
respondent has no authority and jurisdiction over Languyan MPS that
would technically employed security escort to the Municipal Mayor of
Languyan as PCINSP ALEXANDER V JULIANO was the Chief of
Police since July 2016;

20. That, analysis of the dates in the chain of events would show
that on September 28, 2016 respondent is already on DUTY
STATUS at MPPO and the dropping from roll order dated October 3,
2016 was approved on September 30, 2016 at this point
administrative lapses have occurred;
“The Court stressed the cardinal precept “that where there
is a violation of basic constitutional rights, courts are ousted
from their jurisdiction. The violation of a party's right to due
process raises a serious jurisdictional issue which cannot
be glossed over or disregarded at will. Where the denial
of the fundamental right to due process is apparent, a
decision rendered in disregard of that right is void for lack of
jurisdiction.
This rule is equally true in quasi-judicial and
administrative proceedings, for the constitutional guarantee
that no man shall be deprived of life, liberty, or property without
due process is unqualified by the type of proceedings
(whether judicial or administrative) where he stands to lose the
same.” (GR No. 157383, Garcia v. Molina, and GR No. 174137,
Garcia v. Molina, August 10, 2010)

21. Pursuant to Para 6 a.5 of NHQ PNP Circular No. 2008-005


dated May 17, 2008 (Prescribing Guidelines on AWOL/DFR Cases)
states that;

5) The order of dropped from rolls issued by the C, PNP,


Regional Directors and those PNP Officers delegated with such
authority, shall be immediately executor, without prejudice to
the filing of a Motion for Reconsideration or Appeal, as the
case may be.

In case of Motion for Reconsideration filed by the PNP


member found to be on absence without official leave is
meritorious (sick/ill, reassigned to other unit without his
knowledge, but continuously reported for duty, or due to
administrative lapses), he shall be restored to his former
position with entitlement to all the benefits and allowances he
failed to received during the period of his absence.
22. That, respondent is very much willing to accept any penalty
to be imposed just be given and a chance to be heard and not be
unjustly set aside;

23. That, respondent meekly, humbly pleads to the benevolent


heart of the Regional Director and other Senior Officers to give
respondent a chance whose now awakened of the facts and has
clearly seen the stringent, importance of the Chain of Command;

24. That, respondent a first time offender, an eager young


officer and also a family man prayed that this instrument be
considered;

That, the undersigned was not forced, threatened or coerced in


execution of this instrument but rather of my own volition and
freewill.

AFFIANT SAYETH NAUGHT.

PSINSP JESERYL A DELA CRUZ


(Affiant)

Subscribed and Sworn to before me this _____day of October


2016 at Camp Salipada K Pendatun, Parang, Maguindanao.

Further certify that I personally examined the affiant and that I


am satisfied that he personally executed this instrument and
understood the same.

__________________________
Administering Officer

Republic of the Philippines )


) S.S.
City of Manila )

MOTION FOR RECONSIDERATION

COMES NOW, unto this Honorable Quasi-Judicial body the


urgent Motion for Reconsideration of herein movant who was
penalized with Eleven (11) Days Forfeiture of Pay base on the
approved Decision signed by PBGEN ROLANDO F MIRANDA,
District Director MPD dated November 11, 2020 for Simple Neglect
of Duty.

As a backgrounder, gist of the offense charged states;


“That the above-named respondent while being a member of
the PNP and within the disciplinary jurisdiction of DD, MPD did,
then and there deliberately and wilfully absent himself in the
accounting of personnel re Dry Run of Hatid Tulong Program on
July 3, 2020 at about 9:00 AM at Quirino Grandstand Burnham
Green Rizal Park, Ermita, Manila as defined and penalized
pursuamt to NAPOLCOM MC 2016-002 ”

Movant when summoned then during the Summary Hearing


Procedure of this administrative case submitted his Counter
Affidavit stated the following;
a) Respondent averred that he was under instruction

of PLt Col Arthur D Baybayan Station Commander PS-4

to provide assistance to PBGen Romulo E Sapitula (ret)

prior said date,;

b) On July 3, 2020 about 7:30 AM a message was

forwarded, all detailed personnel for “Hatid Tulong

Program” from Police Station 1-11 report at Quirino

Grandstand for DRY RUN;

c) On same date, at about 7:31 AM another message

was posted base on the instruction of DDDO that only

Team Leaders to attend the DRY RUN at about 8:00 AM

in adherence to social distancing protocols;

d) On same date, at about 7:38 AM another message

was posted in addition per instruction of DDDO to stay

put those who were already at the Quirino

Grandstand.

On which the Summary Hearing Officer recommended for the


dismissal of the complaint for Lack of Merit. However, the Discipline
Law and Order Section viewed otherwise considering that no
attachment was included to corroborate the claim then of herein
movant thus recommended for the penalty of Eleven (11) Days
Forfeiture of Pay which was approved by DD, MPD as shown of the
Decision signed on November 11, 2020.

Movant, humbly accepted the contention of Chief, DLOS thus


movant consulted to the officer who gave the instruction. Movant
admittedly committed a mistake of mentioning PLt Col Arthur
Baybayan as the one who gave the order while in fact it was PLt
Col John Guiagui the former Station Commander of MPD PS-4.

In support and to corroborate the claim of herein movant


attached herewith is the certification issued and signed by PLt Col
John K Guiagui dated November 19, 2020.

In lieu hereof, movant humbly prayed to the Office of PBGen


Rolando F Miranda DD, MPD to reverse the previously signed
Decision dated November 11, 2020 as movant then only followed
a lawful order given by a superior officer.

Other administrative reliefs that are just and equal are


likewise prayed for.

PCpl Joel A Daddy


Movant
Subscribed and Sworn to before me this _____ of November
2020 at the City of Manila, Philippines.

___________________________
Administering Officer

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