Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE 2
Camp Marcelo A Adduru, Tuguegarao City, Cagayan

POLICE REGIONAL OFFICE 2, PRO2-AC-01-062321

Complainant, For: Grave Neglect of Duty

-versus-

PSSg Jomana T Batacan,

Respondent.
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DECISION
This is an administrative action initiated by the Regional Investigation and
Detective Management Division (RIDMD), PRO2 against PSSg Jomana T Batacan
for “Grave Neglect of Duty”, pursuant to the provisions of NAPOLCOM
Memorandum Circular Number 2016-002, particularly Rule 21, Section 2, Paragraph
C, Sub-paragraph 1(j), which expressly state “absent oneself from office without
having filed necessary application for leave or secured approval of the authorized
official for a period of more than fifteen (15) days prior to the enjoyment of the
leave”.

The Formal Charge reads:

The undersigned in his official capacity as Chief, Regional

Investigation and Detective Management Division, Police Regional
Office 2 under oath, hereby administratively charge the above named
respondent for administrative offense of “Grave Neglect of Duty”,
pursuant to the provisions of NAPOLCOM Memorandum Circular
NO. 2016-002, particularly Rule 21, Section 2, Paragraph C, Sub-
paragraph 1(j), “absent oneself from office without having files
necessary application for leave or secured approval of authorized
official for a period of more than fifteen (15) days prior to the
enjoyment of the leave”, committed as follows:

That the above-named respondent while being a member of the

PNP and within the disciplinary jurisdiction of the Regional Director,
PRO 2 did then and there, wilfully and feloniously absent herself from
office without having filed necessary application for leave or secured
the approval of authorized official from March 16, 2020 to date.
Decision
PRO2-AC-01-062321
Grave Neglect of Dut (AWOL): PSSg Jomana T Batacan
Page 2 of 5
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“ACTS CONTRARY TO LAW AND EXISTING PNP RULES AND

REGULATIONS”

From the records, the respondent PSSg Jomana T Batacan was assigned at
Basco Police Station by virtue of Batanes PPO Special Orders Numbers 05-03
effective May 17, 2017. On January 20, 2020 she was designated as Assistant
Family Juvenile Gender and Development (FJGAD) PNCO of Basco PS in addition
to her duties and responsibilities as police officer.

Records also shows that the respondent executed her Letter of Resignation
dated February 5, 2020 which was addressed to PCPT GEOFFREY C RETRETA,
Acting Chief of Police, Basco PS and Affidavit of Irrevocable Resignation which was
duly notarized on same date. The said letter of resignation and affidavit of
Irrevocable Resignation of the respondent was forwarded by PCPT RETRETA to the
PD, Batanes PPO on February 17, 2020 and the same was endorsed to the RD,
PRO 2 (Attn: Chief, RPRMD) on February 20, 2020. However, accordingly the
resignation of the respondent was not accepted by the Office of RPRMD, PRO 2 due
to non-appearance.

In the affidavit of PCpl Lynette B Gardo, Admin PNCO of Basco PS, she
averred that the respondent failed to report for duty since March 16, 2020 to date.
That on April 3, 2021, PCpl Gardo sent message and an Order to explain signed by
their OIC, Basco PS to the respondent thru messenger but the latter replied, “Hinde
ko naman nayan masasagot So baka AWOL na bagsak ko”. On the same date,
PCpl Gardo learned from the respondent that the latter already left the country and
went to Australia.

Consequently, the respondent was placed on Absent Without Official Leave

(AWOL) status effective March 17, 2020 by virtue of Special Orders Number PRO2-
SO-AWOL-2020-523 and a pre-charge investigation was initiated against her.
Finding probable cause to indict the respondent for Grave Neglect of Duty (AWOL),
hence, this administrative case against her filed before this office.

Communication with the respondent was made thru messenger and it was
discovered that she is presently staying abroad. The respondent provided her email
address and further stated that the summons and the whole case folder be sent to
their home in Buguey, Cagayan as she communicated it to her parents to receive it.

In compliance with the rules on summary proceedings and disposition of

cases provided under NAPOLCOM MC No. 2016-002, the Summons, including the
Charge Sheet and its evidence were sent to Buguey Police Station directing them to
personally served it to the respondent or in the latter’s absence, to her parents or
family member of legal age and capacity. The said documents were personally
received by Amparo Nora T Batacan, mother of the respondent on June 25, 2021.
However, despite ample time given to the respondent to file her answer, she failed to
do so.
Decision
PRO2-AC-01-062321
Grave Neglect of Dut (AWOL): PSSg Jomana T Batacan
Page 3 of 5
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Subsequently, A Notice of Pre-Hearing Conference was sent to the email of

the respondent and another copy was received by the mother of the respondent.
Again the respondent failed to appear during the scheduled hearing.

The failure of the respondent to appear or be represented by counsel during

the Pre-Hearing Conference will however not affect the proceedings in line with
NAPOLCOM MC 2016-002 which states that if the respondent fails or refuses to file
an answer within the period provided, he/she shall be considered to have waived
his/her right to submit the same and the case shall be decided based on available
records.

The sole issue in this case is whether or not the respondent is liable as
charge.

Before tackling the issue, a determination on the matter of the alleged

resignation of the respondent should be resolved. Applicable in this case is the 2017
Omnibus Rules on Appointments and Other Human Resource Action of the
Civil Service Commission, Particularly Rule X, Section 104 which defines
resignation as:

Resignation is an act of an official or employee by which

he/she voluntarily relinquishes in writing his/her position on a
specific date which shall not be less than thirty (30) days from the
date of such notice or earlier as mutually agreed upon by the
employee and the appointing officer/authority. To constitute a
complete and operative resignation of an official or employee, there
must be a written intention to relinquish the office, the acceptance
by the appointing officer/authority and a written notice of such
acceptance duly served to the official or employee concerned.

The policy cited above dictates that PNP personnel who file resignation
should state the date when she will relinquish her position which should not be less
than thirty (30) days from the date of such notice of resignation. There must also be
acceptance by the appointing authority and a written notice of such acceptance be
served to the personnel concern.

In this case, the resignation of the respondent was not accepted by the Office
of RPRMD, PRO 2 due to non-appearance. Although personal appearance is not a
requirement in the Civil Service rules for resignation, it however served as a
safeguard for the PNP to avoid its personnel from filing their resignation only after
leaving the country and already staying abroad and/or after incurring absences for a
lengthy period.

Aside from non-appearance, the respondent failed to comply with the Civil
Service rules in filing her resignation. In her resignation letter dated February 5,
2021, she stated that the affectivity of her resignation would be February 17, 2020,
Decision
PRO2-AC-01-062321
Grave Neglect of Dut (AWOL): PSSg Jomana T Batacan
Page 4 of 5
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which is twelve (12) days after the date of her resignation letter. Also in her Affidavit
of Irrevocable Resignation, she stated that she resign from the service effective
immediately. This violates the Civil Service rules that the date of intended
relinquishment of office/position should not be less than thirty (30) days from the
date of notice of resignation. The respondent’s non-compliance with the Civil Service
rules justifies the non-acceptance of her resignation. The submission of resignation
letter does not automatically sever her employment with the PNP since an
acceptance of her resignation by the appointing authority is necessary.
Consequently, the respondent is still in active service when she left the country.

Going back to the issue, it was shown in the Duty Detail and the Daily
Personnel Accounting Report (DPAR) of Basco Police Station as evidence of the
prosecution (Exhibit “O”) that the respondent was marked absent from March 16,
2021 to April 6, 2021. Also, PCpl Gardo, admin PNCO of Basco PS averred in her
affidavit that she learned from the respondent that the latter already left the country
and went to Australia. Further, the respondent via messenger confirmed that she is
undergoing study abroad and she has no more intention to return in the PNP service.

Considerring all the above pieces of evidence, it is undeniable that the

respondent absent herself for duty from March 16, 2020 to date without official leave.
Absence Without Official Leave (AWOL), in general, refers to the status of any
official or employee who absents himself from work without an approved leave of
absence.

The respondent grossly neglected the duty of her office when she went on
AWOL. As such, she failed to live up to the tough standards of public office. The
Constitution provides that a public office is a public trust and public officers must at
all times be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest
lives. These constitutionally-enshrined principles, oft-repeated in our case law are
not mere rhetorical flourishes or idealistic sentiments. They should be taken as
working standards by all in the public service.

Clearly, there is more than substantial evidence showing that the respondent
incurred continuous absences for more than thirty (30) days without official leave,
thus, she is liable for grave neglect of duty and her dismissal from the service is but
proper. Any member of the PNP who shall go on absence without official leave
(AWOL) for a continuous period of thirty (30) days or more shall be dismissed
immediately from the service (Sec 53, R.A. 8551).

WHEREFORE, premises considered, PSSg Jomana T Batacan is hereby

found GUILTY of Grave Neglect of Duty and is hereby DISMISSED from the PNP
Service.

SO ORDERED.
Decision
PRO2-AC-01-062321
Grave Neglect of Dut (AWOL): PSSg Jomana T Batacan
Page 5 of 5
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Done this ______ day of _________________ at Camp Marcelo A Adduru,

Tuguegarao City, Cagayan.

STEVE B LUDAN
Police Brigadier General
Regional Director