Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
MARITIME GROUP
Camp BGen Rafael T Crame, Quezon City

Maritime Group Committee On The Disposition of Administrative Cases

Resolution No. 2021-02

“A RESOLUTION RENDERING RESPONDENT PMSG ROLAND P

CAGA-ANAN LIABLE OF SIMPLE NEGLECT OF DUTY AND HEREBY
METED THE PENALTY OF SUSPENSION FOR FIVE DAYS FOR
VIOLATION OF RULE 21, SECTION 2 A, PARA 1 (W) OF NAPOLCOM
MC NO. 2016-002”

WHEREAS, the PNP Memorandum Circular No.2021-102 entitled

“Institutionalizing the Committee on Disposition of Administrative Cases in Reviewing
Administrative Cases Submitted by the Summary Hearing Officers”;
WHEREAS, this Memorandum Circular No. 2021-102 provide guidelines and
procedures to be undertaken by all Police Regional Offices (PROs) and National
Support Units (NSUs) toward the expeditious and judicious resolution of
administrative cases;
WHEREAS, the Creation of this Committee is tasked mainly to review cases
and to submit recommendation to their respective unit Directors;

WHEREAS, the Creation of CDAC in PROs and is purposely to fast track the
resolution and disposition of cases against PNP personnel found to have violated a
law and/or rules and regulation and attain zero backlog cases;

WHEREAS, as the backgrounder, the case of PMSg Roland P Caga-anan

was forwarded to HMG on August 16, 2021. He was charged while being an active
member of the PNPMG when he failed to perform his duties and responsibilities as
Court Process Server which is a clear violation under Rule 21, Section 2 A (1) (w) of
the NMC 2016-002 which specifically provides that (w) Any Other Omission or
refusal, without sufficient excuse to perform an act or duty that is analogous to the
foregoing. That his act is contrary to the existing PNP laws, Rules and Regulation”;

WHEREAS, based on the Pre-Charge Evaluation dated April 5, 2021, it was

reflected on the Generated list from E- Subpoena System that PSMS Richard L
Ensomo failed to attend the scheduled hearing as a government witness on
December 14, 2020 for Criminal Case No. 10201, 10202, 10203, 10349, 10352 and
10363 for Violation of 5, 6,7,11 and 12 of Art. II of R. A. 9165 at Regional Trial Court,
Branch 29, Surigao City. In the response made by PSMS Ensomo in his explanation,
he revealed that he was not duly informed on the scheduled hearing, consequently
he failed to attend the said scheduled court hearing. That PSMS Ensomo has no
knowledge on the scheduled hearing not until he received a phone call from
Prosecutor Noel Francis L Gealan. Thus, investigation shifted to PMSg Roland P

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Caga-anan the allegedly designated SCPO of the Regional Maritime Unit 13. His
task was to inform PSMS Richard L Ensomo on said hearing;
WHEREAS, in the position paper of PMSg Caga-anan dated July 16, 2021.
He denied neglect of duty and averred that he exerted all effort to inform PSMS
Ensomo his scheduled hearings and cited circumstances that he acted regularity in
the performance of his duty as SCPO;
WHEREAS, the issue in this case is whether or not the respondent is guilty of
Simple Neglect of Duty as Subpoena Court Process Officer;
WHEREAS, the Subpoena Court Processes Officer (SCPO) is responsible
for the service of subpoena and its timely delivery to the personnel concerned. He
shall ensure the acknowledgement of the subpoena in the E-Subpoena. Likewise,
under PNP MC 2014-016 which provides that the SCPO of the PNP Office/Unit
concerned shall cause the entry into the record book maintained by the same and all
orders, subpoena they received for service implementation;

WHEREAS, Simple Neglect of Duty denotes a refusal or unwillingness of a

person to perform a duty and the failure of an employee or official to give proper
attention to a task expected of him or her, signifying a "disregard of a duty resulting
from carelessness or indifference

WHEREAS, on the Report of Investigation of PLT NELSON BALDAMOR JR

as the Summary Hearing Officer dated July 21, 2021 recommended that respondent
is liable on the said administrative case and meted the penalty of suspension for five
days. Hence, the case folder of PMSg Ronald P Caga-aan was forwarded to DMG
for the proper disposition of the case as PLTCOL LUCERO, acting in his capacity as
Officer-In-Charge of RMU13 is divested of authority to render decision in the instant
case;
WHEREAS, on August 31, 2021 the MG CDAC convened and upon review
and evaluation of the instant case, PMSg Cagaanan as the alleged SCPO of RMU
13 has no official designation order as the SCPO of said unit but his name was
included in the Updated List of Designated NGIS Users of RMU 13 dated 8, 2020.
From the discussion of the committee, it has reached the conclusion that under
proven facts as shown by pieces of evidence, the offense charged against the
respondent on the administrative case was not proper and the committee was
therefore precluded to approve the drafted Decision dated August 2, 2021.
Subsequently, by the majority recommendation of the committee said case is
remanded to the Investigation Section for further Investigation and filing of
appropriate charge;

WHEREAS, on December 14, 2021, the committee unanimously agreed that

in the absence of official designation order designating respondent as SCPO does
not divest him from liability. In fact, respondent never repudiated his duty as SCPO
and perform his task and regarded it as his regular function and thus binds himself
as the designated SCPO of his office. As gathered from facts, the respondent can
readily access and monitor the scheduled court hearing. Moreover, his inclusion on

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the Updated List of Designated NGIS Users can be inferred that he actually
assumed such undertaking;

WHEREAS, in this case, considering that the respondent can readily access
and monitor the scheduled hearings, it is presumed that PMSg Caga-anan has the
duty to inform PSMS Ensomo his scheduled hearings which he failed to do so;

WHEREAS, the contention of the respondent that he exerted an effort to

inform PSMS Ensomo cannot given weight. It is settled rule in the administrative
proceedings, the quantum of proof necessary for a finding of guilt is substantial
evidence or such relevant evidence as a reasonable mind might accept as adequate
to support a conclusion or evidence commonly accepted by reasonably prudent men
in the conduct of their affairs. However, the respondent failed to substantiate his
claim and defense nor attached any proof that could demonstrate that he exercises
ordinary diligence required of him to notify PSMS Ensomo of his court hearings. In
sum, this committee finds respondent liable for Simple Neglect of Duty arising out of
his negligence or his failure to exercise the diligence required of him.
NOW, THEREFORE, BE IT RESOLVED as it is hereby resolved to
recommend to the Director, Maritime Group that PMSg Roland P Caga-anan is liable
for Simple Neglect of Duty and meted the penalty of five days suspension from PNP
Service.

APPROVED this ____ December 2021 at Headquarters, Maritime Group,

Camp BGen Rafael T Crame, Quezon City.

PCOL GENARO V SAPIERA

Chairman

PCOL JACOB G MACABALI PCOL JASON C CIPRIANO

Vice-Chairman Member

PCOL JONATHAN M TANGONAN PLTCOL JOSE A NAJERA JR

Member Member

Approved/Disapproved

HAROLD B TUZON
Police Brigadier General
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Director, Maritime Group