Last April 21, 2020, a shooting incident transpired at the Quarantine Control

Point ( QCP ) at Maligaya Drive, Barangay Pasong Putik, Quezon City,

wherein one former soldier Corporal Winston Ragos, was shot to death by
Police Master Sergeant Daniel Florendo. Based on the report, Winston
Ragos, who had traumatic stress disorder syndrome ( PTSD ) approached
the QCP manned by the police trainee of Highway Patrol Group which
resulted to an altercation which prompted the police trainees to report to
PMSG Florendo who then responded the incident. PMSG Florendo with his
firearm pointed to the Winston Ragos, ordering the latter to drop on the
ground several times however PMSG Florendo shot Ragos after the latter
looked like he was going to get something from his slingbag, which the
police later said contained a caliber .38 revolver.

Given the situation, kindly make a position paper on the following issues, to
wit;

1. Whether or not the action of PMSG Florendo, is in accordance of the

PNP Police Operational Procedure.
2. Whether or not, PMSG Florendo had made a good judgment call in
shooting Ragos?
3. Whether or not the doctrine of self defense under Article 11 of the
Revise Penal Code is present on this particular situation?
4. Whether or not the elements of Self defense are totally present on
this situation.
5. Whether or not the doctrine of lawful performance of a duty under
Article 11 of the Revised Penal Code is present on this particular
situation?
6. Whether or not an imminent danger was present during the incident
that would justify the killing of Ragos.
7. If you are in the position of PMSG Florendo, what will be your course
of action? Would you do same as what PMSG Florendo did to defend
your life or would you shoot Winston Ragos on the non-fatal of his
body to see to it that lives are saved including of Ragos.

In giving your position paper, kindly support it with a Jurisprudence,

Supreme Court decision/rulings or provision of pertinent laws relative to the
situation given.

Example:

The Supreme Court ruled in U.S. vs Mojica, 42 Phil 784 that “ a

police officer, in the performance of his duty, must stand his ground and
cannot, like a private individual, take refuge in flight, his duty requires him
to overcome his opponent. The force which he may exert therefore differ
somewhat from that which may ordinarily be offered in self-defense. A police
officer is not required to afford a person attacking him the opportunity for a
fair and equal struggle.”

Under Rule 7.5 of 2013 Revised Police Operational Procedure clearly

state that during confrontation with an armed offender, only such necessary
and reasonable force should be applied as would be sufficient to overcome
 the resistance put up by the offender; subdue the clear and imminent danger
posed by him; or to justify the force/act under the principles of self-defense,
defense of relative, or defense of stranger.

NOTE: Follow the following requirements

MARGINS
Top - 1”
Bottom - 1”
Left - 1”
Right - 1”

PAPER SIZE
Width - 8.5”
Height - 13”

LINE SPACING
1.5 lines

FONT
Verdana

FONT SIZE
14

DEADLINE OF SUBMISSION
DEC 18, 2020 (FRIDAY) and submit your position paper online on our
Edmodo class on a document word format. It should be not less than 20
pages.

Follow the format below

 Republic of the Philippines
City of Cagayan de Oro
Province of Misamis Oriental

SOUTHERN DE ORO PHILIPPINES COLLEGE

Julio Pacana St., Licuan, Cagayan de Oro City

COLLEGE OF CRIMINOLOGY

POSITION PAPER
I, Juan Duhaylungsod Dela Cruz, 19 yrs old, single, Filipino,

resident of Zone 1A, Natubo, Jasaan, Misamis Oriental and a

Criminology Student 3 of Southern Philippines College, Licuan,

Cagayan de Oro City, hereby depose and state;

PREFATORY STATEMENT
(Instruction: This part is the introduction of the position paper, start with a
topic sentence or two that attracts attention and summarizes the issue.
Inform the reader of your point of view)

THE PARTIES
( Instruction: There are two parties involved here and state name and
personal circumstances )

STATEMENT OF THE CASE

( Instruction: State briefly the nature of the case )
 THE FACTS
( Instruction: State the facts of the case based on the report. Do an in-deep
and thorough research)

ISSUES
( Instruction: Give and state your position on these issues….. )

Whether or not the action of PMSG Florendo, is in

accordance of the PNP Police Operational Procedure

II
Whether or not, PMSG Florendo had made a good
judgment call in shooting Ragos

III
Whether or not the doctrine of self defense under Article
11 of the Revise Penal Code is present on this particular
situation?

IV
Whether or not the elements of Self defense are
totally present on this situation

V
Whether or not the doctrine of lawful performance of
a duty under Article 11 of the Revised Penal Code is
present on this particular situation

VI
Whether or not an imminent danger was present
during the incident that would justify the killing of
Ragos.
 VII
If you are in the position of PMSG Florendo, what will
be your course of action? Would you do same as what
PMSG Florendo did to defend your life or would you
shoot Winston Ragos on the non-fatal of his body to see
to it that lives are saved including of Ragos.

ARGUMENT AND DISCUSSION

( Instruction: Under this part, there 7 issues that you to need argue,
discuss and explain thoroughly and support your position a Jurisprudence,
Supreme Court decision/rulings or provision of pertinent laws relative to the
situation given )

Whether or not the action of PMSG Florendo, is in

accordance of the PNP Police Operational Procedure

( Instruction: State your position on this issue here with a line spacing
of 1.5 )

II
Whether or not, PMSG Florendo had made a good
judgment call in shooting Ragos

III
Whether or not the doctrine of self defense under Article
11 of the Revise Penal Code is present on this particular
situation?

IV
Whether or not the elements of Self defense are
totally present on this situation

V
Whether or not the doctrine of lawful performance of
a duty under Article 11 of the Revised Penal Code is
present on this particular situation
 VI
Whether or not an imminent danger was present
during the incident that would justify the killing of
Ragos.

VII
If you are in the position of PMSG Florendo, what will
be your course of action? Would you do same as what
PMSG Florendo did to defend your life or would you
shoot Winston Ragos on the non-fatal of his body to see
to it that lives are saved including of Ragos.

PRAYER

In the light of the foregoing, it is most respectfully

prayed that this position paper be accepted with merit.

June 16, 2020, Cagayan de Oro City.

RESPECTFULLY SUBMITTED:

__________________________________

Juan Duhaylunsod Dela Cruz