IGGAPAN NG OMGUDSHAN Republic of the Philippines OFFICE OF THE OMBUDSMAN | 2c 11 01. J \ZT Deputy Ombudsman for Military and Other Law Enforcement Officers —— Agham Road, Diliman, Quezon City DOCKET NO. FOR: THEFT, GRAVE MISCONDUCT, CONDUCT PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE, DISHONESTY, ABUSE OF AUTHORITY. PSSg MELCHOR ATABAY JR. y De Ocampo Complainant, -versus- PSSg JERRY ADDATU y TAPPA, PAT NISSAN RENDON y CATABAY Police Major FERDINAND AGGABAO DATUL Respondents COMPLAINT-AFFIDAVIT I, MELCHOR ATABAY JR. y De Ocampo, of legal age, married and with residence at Barangay Alabug, Tuao, Cagayan, after having been duly sworn to in accordance with law, hereby depose and state THAT: 1. Iam filing this complaint against PSSg Jerry Addatu y Tappa, Pat Nissan Rendon y Catabay and Police Major Ferdinand Aggabao Datul who are all members of the Philippine National Police and are presently assigned at Tuao Police Station, Tuao, Cagayan. 2. Iam filing this complaint against them together with their chief of police, Police Major Ferdinand Aggabao Datul for their false, malicious and utterly without basis in fact and in law a complaint against me for violation of RA 10591, R.A. No. 11332 and Direct Assault upon Agent of Person in Authority. Page 1 of 63. On June 6, 2021 I arrived in Tuao, Cagayan upon availing of my two day rest from my duty as a police officer assigned at SWAT DMFB, Quezon City Police District, NCRPO, and along the way going to Cagayan, I am allowed by the different check points put up by the Philippine National Police and other local government units having jurisdiction of the area where I passed by. 4. At the various checkpoints starting in Manila down to Sta. Fe, Nueva Vizcaya; Cordon, Isabela; and in Maddarulug, Solana, Cagayan, I showed to the police officers on duty my identification card as a Police Officer and they allowed me to enter Region 2 since as a PNP Officer I am classified as “Authorized Person Outside Residence” (APOR). Attached as ANNEX “A” is a copy of my PNP Identification Card. 5. Nowhere in the complaint does it state what particular provision under R.A. No. 11332 have I violated for based on Section 9 of the said law, I never committed any of the prohibited following acts, to wit: A. Unauthorized disclosure of private and confidential information pertaining to a patient's medical condition or treatment; B. Tampering of records or intentionally providing misinformation; C.Non-operation of the disease surveillance and response systems; . Non-cooperation of persons or entities that should report and/or respond to notifiable diseases or health event of public concern; . Non-cooperation of the person or entities identified as having the notifiable disease, or affected by the health even of public concern. 9 m w . The allegation in paragraph 10 of their joint affidavit of arrest does not at all show any connection to the prohibited acts under Section 9 of R.A. No, 11332 hence the complaint against me was merely concocted and without basis. a . These three officers made be liable for violation of RA 10591 and they committed a grave mistake in charging me with violation of this law for I am a police officer and the firearms confiscated from me, one (1) unit M16 Rifle with Serial Number 001687-09 and one Page 2 of 6(1) unit 9mm glock with serial number PNP 11822 were issued by the PNP LSS. _ These two firearms are duly issued to me as a police officer as evidenced by the hereto attached Property Acknowledgement Receipt (PAR) for the M16 Rifle marked as ANNEX “B” and note be made that the serial number of the M16 rifle in this document is the same as the serial number indicated in their joint-affidavit of arrest. ~ . Instead of verifying from my mother unit whether the M16 rifle was duly issued to me, the arresting officer instead made a verification from the Firearms and Explosive Office which naturally issued a certification that I am not a holder of any license to possess or own an M16 Rifle. 2 . The act of the arresting officers and the chief of police of PNP Tuao is a blatant proof that they are determined to concoct tales against me just to pin me with those violations and to make me as part of their accomplishment report. © 10.With respect to the Pistol glock 17 - 9mm pistol, again this is officially issued to me by the PNP as evidenced by this Property ‘Acknowledgement Receipt (PAR) marked as ANNEX “C’. 11.At the expense of being repetitious but only to emphasize my point, Iam a police officer duly authorized to carry these firearms issued to me and the verification should have been done in my mother unit and not to the FEO which does not bear any record of these firearms. 12. With these factual backdrop, I should not have been held liable for violation of R.A. No. 10591. 13. They also charge me for direct assault upon agent of person in authority and the allegation of the arresting officers were replete with falsehood. 14. To clarify the matter, on July 6, 2021, I accompanied my friend Carlito Apin Diaz in going to the building where he is staying after we attended a simple birthday in our neighbor's house and it was Page 3 of 6around past 9PM in the evening at that time and this is evidenced by his affidavit hereto marked as ANNEX “D”. 15. While on our way to the building where he is staying, we saw several people along the road but we just did not mind them. 16. Then on my way back home, four people who were armed with knives assaulted me hence I ran away from them and it so happened that I saw a police vehicle park along the road. 17, When I approached the vehicle, I saw that its engine was running and its air-conditioning unit was on and the two arresting officers were asleep while on duty. This is a violation of the standard operating procedure and the rules and regulations imposed upon officers of the PNP while on duty. 18. Because of fear for my life, I repeatedly knock on their windows to wake them up and I sought their assistance to go after and effect arrest if possible against the four persons and while on our way to the Public Market in Alabug, Tuao, I introduced myself to them as a police officer. 19, Upon arrival at the place, we went to the area where I was first accosted but we did not see anyone and since it was quite dark, I told them that as a police officer I am going to get my firearms to help them since there could be possible danger to our life. 20. When I arrived, I never cocked/loaded any of my firearms but instead, the muzzle of my M16 was pointed down and not one of my fingers were on the trigger contrary to their allegation. 21. A back-up unit came and I was shocked when suddenly, they started to arrest me and being innocent of any crime, I protested their arrest since I was not committing any crime at all. 22. They placed handcuffs on my hands, placed me under arrest without even reading my miranda rights and I am sure they really do not need to do it for I did not commit any crime at all and they brought me to the police station where I was booked and processed as though I indeed committed a crime. Page 4 of 623. I did not make any attack, nor employed any force, nor make any serious intimidation nor made any resistance to the arresting officers contrary to their allegation. 24.In fact the allegations to support the charge of assault against persons in authority are pure lies as I did not shout, nor insulted them for their slow action or for sleeping while on duty or for staying inside the comfort of the patrol vehicle while using the air- conditioning unit and napping at the same time. 25. Never is there any explicit act in the joint affidavit of arrest that would show that I should be held liable for Direct Assault upon agent of person in authority. Attached as ANNEX “E” is their joint- affidavit of arrest. 26. More lies are evident in their joint affidavit of arrest as they alleged that the incident took place at 2:15 o'clock in the morning of July 7, 2021. 27. But note be made that the incident happened on or before 10 PM of July 6, 2021 and I was already illegally arrested, handcuffed and being processed like a criminal at the Tuao Police Station at 12:41 ‘AM as evidenced by this picture marked as ANNEX “F” which was taken on me using google map with GPS showing the real time when and where this picture was taken. 28. My phone has stored this information and I am ready to have it even examined to prove the veracity of this allegation and note be made that more pictures could have been taken had not the arresting officers prohibited me from taking more pictures of myself. 29. Thus at 2:15AM of July 7, 2021, there was no crime being committed by your complainant and nothing in the joint-affidavit of arrest would show that I should be held liable to the crimes being imputed against me. 30. When they arrested me and confiscated my firearms, bullets and other personal belongings, I had with me the amount of PHP Page 5 of 6| 3 100,000.00 which was inside my bandolier color black as I am also financing partly the construction of our building. 31. I am surprised to find out that in the inventory, that amount was not placed among the items taken from me. Attached as ANNEX ‘en is the inventory receipt of Tuao, PNP. 32. The amount of PHP 100,000.00 was illegally taken by these police officers and hence, they should be held liable for qualified theft for they are charged to take care of the properties taken from any person arrested and not to appropriate it for their own benefit and advantage. 33. In view of these facts, I am therefore filing this complaint against them to charge them with THEFT, GRAVE MISCONDUCT, CONDUCT PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE, DISHONESTY and ABUSE OF AUTHORITY. 34. I pray therefore that this Honorable Office of the Deputy Ombudsman for Military and Other Law Enforcement Officers will look into the matter and make liable these police officers for the above violation. 35. IN WITNESS WHEREOF, I have hereunto affixed my signature this 23 202) at QUuEZeN-CHRY— A MELCHOR ATABAY JR. y De Ocampo Affiant BEFORE ME, a Notary Public in the City of TyysaONCbayan this personally appeared the above-named affiant who has WsBtioriy proven to me his PNP I.D. No. 19F180588 issued by the Philippine National Police, which bears his signature and known to me to be the same person who executed the foregeing atfidayl AT Doc. No. _4@ _ Page No. _ 4+ COMMISSION WSS, OC, Bi on N POS BLOG. GRO. QUEZON CITY HALL }ook No. _ Yul IPNO. 132307 / 1-18-20 QUEZON Cry Series of 2021. PIRNO,Gos4712 01-98-21 QUEZON CITY ROLL OF ATTORNEY'S NO. 56070 MCLE NO. Vi-0023864. UNTIL APR. 14, 2022 Page 6 of NNO. tsaeea18Annes \ Office Circular No. 0 Series of 2000 Republic of the Phiippitses.) QUEZON CITY.” CERTIFICATE OF NON-FORUM SHOPPING L. PSSq Mekher D-0 Atobay Jr of legal age. Lilipni antat Resident ol J Be 74h 4. Fast lomias,, Queod Céfy — «iilict hiavins been di Swsom to in accordance with kaw, de hereby depose and say 1. Lied a complaintallidavit against ASS Yerry Addeote y oreo Pat Nissan Rerfon ysateabay Police Mejor Ferdinacd Aggabao Datel 2. L have NOT filed any criminal gr administrative complaint oF comment any other action F proceeding. involving the same parties. tose tol feause of action in any other for a EXCEPT the following: (Nate: Check applicable boxes and specify the forum where complaint yt setion ts pend and the nature of the proceedings inthe blank space. Otherwise, pul NN" “not applicable) er N/A. [2] prosecutor's office _W/A ica bly wis [J ther govermentagencies —_v ZA Should 1 team that a similar action or proce pending inthe afore mentioned court, prosecutor's ice. asin ta pody or government ageney, T undertake to notify~the (ttice wt the Ombudsman oF the present status thereo? within FIVE, (3) DAYS trom on notice’df the same: ing has been filed or ts 4.1 fully understand that failure on my part to vomply with: the foregeme requirement shall be sufficient cause for the dismissal af this ease IN WITNESS WHEREOF, thereby affix my signature beret PS£q Melhor DO Atabay It we Complainant SUBSCRIBED AND SWORN to before me this we "0 “QUEZON CITY ar poe. No, i229 comes POS BLOG. GRD. FL Page. No.— Lie WBPNO. 132907 111 Seok Nad PIR. GUEZEN CTY a AMORNEY'S NO, SOTO . Yeries of 20. MCLE NO, V.0023368 UNTIL APR. 14, 2022 TWN NO, 243-085-918al cite atPHILIPPINE NATIONAL POLICE LOGISTICS SUPPORT SERVICE. PROPERTY ACKNOWLEDGEMENT RECEIPT (PAR) tty Name: PHILIPPINE NATIONAL POLICE CRO Fund Closter PAR NO: 1 TLRSFO THEM DESCRIPTION [ore NO[ATENCGIRED AMOUNT] PISTOL GLOCKI7- 9M a [Serial | PNPLIS22 TCCESSORIES= | Sen magazine I Ta447 Nothing Flows => | Stencil: SERIAL NO, = Mace/Other Markings 3 : i Fore un af (5S MELCHIOR DE OCAMPO SOP No 20087 Pemans Ir [ATABAY BRessiged with NCRPO QUEZON CITY |. iygrigg Filta” (Revised dtd une 3, 2008), PNP MIC PO POLICE DISTRIGTHOS.QCrD 2779 rit: 9 20181033 Pole on thé Permanent Issuagee of Handgun" dated Aug 22,2018. | Ewes TS ANU AE DS 2022) | Recnat ny : | ssa | Issued By ' NCRPO-QUEZON CITY POLICE DISTRICT | on on Ofc i | Fest Nur ERWIN | | Badge No wm Date of Bich January 05,1983 Payshp Acct No” 2004802813 Dae Octher 03,2019” ANNEX D Republic of the Philippines ) Province of Cagayan )ss. Tuguegarao City ) SINUMPAANG SALAYSAY AKO si CARLITO APIN DIAZ, 41 taong gulang, walang asawa, Pilipino at nakatira sa Block 34 Genesis Floodway, Taytay, Rizal, ako ay nanunumpa ng katutuhanan ng mga sumusunod: 1. Ako ay isang karpintero at kilala ko si PSSG Melchor “Jun” Atabay dahil matalik ko siyang kaibigan. 2. Matagal ko na siyang kilala dahil ako ang kanyang pinagkakatiwalaang karpintero na gumawa sa bahay niya sa Novaliches, Quezon City. 3. Sinundo ako ng kanyang ama na si Mr. Melchor L. Atabay Sr. sa Manila papunta dito sa Tuao, Cagayan noong January 25, 2020 para tumulong ako sa Pagpapatayo ng kanilang gusali sa may likud ng palengke ng Tuao West, Cagayan dahil ako ang inatasan ni PSSG Melchor “Jun” Atabay na tumutok dito dahil yung kanyang ama ay hindi masyadong makagalaw dahil siya ay na- stroke. 4. Mula noong January 25, 2020 hanggang ngayon hindi na po ako nakauwi sa amin dahil sa pandemic kaya nakiusap ako kay Sir Jun na kung maari, sunduin niya ako dito sa Cagayan para makauwi na ako dahil natapus na yung gusali na pinapatayo nila. 5. Dumating siya noong July 6, 2021 sa Tuao, Cagayan at balak din niyang umuwi sa Manila sa July 7, 2021 pagkatapus niya akong kuhanan ng aking kaukulang travel documents pabalik sa Manila. 6. Dahil may nag-birthday na isang binata na kapitbahay nila Mr. Atabay, inanyayahan nila siya na kumain saglit at isinama ako para pagblgyan sila. 7. Pinainum kaml kuntl ng alak pero pagpatapus ng lang sandall, inihatid na niya ako sa building kung saan ako natutulog. 8. Wala pang alas diyes ng gabi noong ako ay kanyang inihatid sa gusali na pinatayo namin. 9. Sa daan naming paballk sa gusall, may mga nadaanan kaming mga tao pero hind! namin sila pinansin dahil nagmamadaling babalik ni Sir Jun sa bahay nila at ako naman ay hindi nakakaintindi ng itawes o ilakano na salita. Page 1 of 2 pe“a 10. Maayus niya akong naihatid sa gusali at nagulat nalang ako noong nabalitaan ko na inaresto siya ng mga pulis dahi ll mabait po siyan¢ po siya nang-abuso ng ibang tao. po slyang tao at ni minsan hindi 11. Ako ay nanunumpa na Pawang mga katutuh dito sa aking salaysay, ° SS ee IN WITNESS WHEREOF, I have hereunto affixed my signature this —12.UUL 2021 at Tuguegarao City, Cagayan. eae CARLITO APIN DIAZ Affiant 11.2 REFQRA ME, a Notary Public in Tuguegarao City, Cagayan, Philippines, this —_“— S"' — personally appeared the above-named affiant who has satisfactorily proven to me his identity through his (d AUmber }-F3T!Occ-B —__________ issued by the Social Security System which bears his hie and known to me to be the same person who executed the foregoing affidavit. Doc. No. _233_; Page No. Book No. Vil; Series of 2021. Page 2 of 2— Republic of the Philippir Province of Prk ien| Municipality of Tuao ANNEXE" JOINT AFFIDAVIT OF ARRESTING /SEIZING OFFICER 1, PSSq J and Pat act Adsatu y Tappa, 36 years ld, maid and a resident of Pata, Tus, Cagayan Cagayan and bot pac re catabay 28 years old, married and a resident of Bulagao, Tuao, to an oath in a members assigned at Tuao Police Station after having been duly sworn accordance with law, do hereby depose and state: 1. That on July 6, 2021 in the eveni July 6, ing we were dispatched as a patroller around the Town proper and neighboring barangays of Tuso, Cagayan: ° a 2. That at around 2:10 in the moming of July 7, 2021, we were at Centro 2, Tuso, Cagayon particularly infront of the Franco's Restaurant when a male person who is apparently under the influence of intoxicated liquor sought for police assistance, 3. That upon his arrival, he heavily tapped the patrol car's window several times. and demanded us to rescue him because accordingly, he was harassed in Bray Alabug, Tus0, Cagayan, 4, At that instance we acceded to the request of the male person and we immediately responded and upon our arrival at Tuao Public Market in Alabug, Tuao, Cagayan the male person directed us to go to the inner portion where the alleged harassment took place, 5, That from there, the male person went home and when he returned back to the place | where we are waiting, we were surprised when we saw him in oiviian, attire wearing a bandolier end an M16 rifle sling in his shoulder and a short firearm attached in the said bandolier, 6. That thereafter, at around 2:18 o'clock in the morning of same date the male person - suddenly shouted on top of his voice against us degrading us as police officers, afterwhich, the ofp male person toadedicacked his long frearm promi me (PSSq Addatu) to call for a backup From the personnel of Tua0 Police Station. 7. That not long after our comrade arrived and sill the male person getting wild, we tried to calm him down but instead he is ignoring our plea, thereafter, we asked the male person about Ga tertinent document over the said frearms. However, the male person filed to present any document authorizing him to possess his firearms, 8, That at this instance, we placed the male person under arrest and | PSSg Addatu were able to confiscate from the directed possession and control of the male person the following pieces of evidence *One (1) unit M16 rifle with serial number 001687-09, *One (1) unit 9mm Block with serial number PNP 11822 issued by the PNP and several ammunition of 5.56 MM and 4 pieces magazine of M16 rifle. 9. That when we are already at our office the male person presents to us and to the personnel of Tuao Police Station the document of his short firearms described as One (1) unit mm glock Sith serial number PNP 11822 issued by the PNP LSS. with PAR Nr 1ETZRSFO. While his One (1) unit M16 rifle with serial number 001687-08, he failed to present any documents, 10. That the male person also violated the health protocols being imposed by the government because he failed to present any document authorizing him to arrive in this municipality considering that he came from Manila and arrived in Tuao,Cagayan on July 6, 2021 at 1:30 PM.11. That the male person was identified himself as one P: 'SSg Melchor Atabay Jr. y De ‘Ocampo, 38 years old, married, PNP me Z Rea District, NCRPO, mber assigned at SWAT DMFB, Quezon City Police 12. That we also informed the su 2 with his Miranda rights, ‘spect the cause and nature of his arrest sam __ 13. That the arrested suspect was brought to this office for further investigation and pore disposition and subsequently brought to Nuestra Seniora de Pia District Hospital for physica and medical examination. 14. That we have executed this affidavit to attest the truthfulness of the foregoing eran to file appropriate charges against PSSg Melchor Atabay Jr. y De Ocampo, of 7 Cagayan. is 2021 IN WITNESS WHEREOF, we have hereunto affixed my signature this 1” day of July at Tuao, Cagayan. a Pat Nissan] G Rendon Ps Jomy Pin sarc SUBSCRIBED AND SWORN to before me this day 4 _ of July 2021 at Tuao, Cagayan. CALIXTOA, IBANEZ JR. Assistant Prévincjdl ProsecutorPe ee oe a fares Cagayan Valley Philippines MEAL) Call yx; THEERepublic ofthe Prunpahies NATIONAL POLICE COMMISSION FHIUPPINE NATIONAL ‘CAGAYAN POLICE PRovMCALOFRIcE TAO POLICESTATION Tune, Cagayan , rela taken poten of the ICRI itt widened hg. te ai fie cherie —By wv OFFICE OF HE OBUNS MA dh a Reguest for chenge Address DIgISYON NG REKORDS SENTRAL LT PSs Melchor D.O Arasay Ur. residing Ce FBS Math sh Bray, East famins Gucsrn City. All comer n' comion Je Her wall be sent 4 ny preseng addeess a Complairon +