Republic of the Philippines

NATIONAL POLICE COMMISSION

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

RIDMD

MEMORANDUM

FOR : Regional Director

THRU : DRDA ___________

DRDO ___________

RCDS ___________

FROM : C, RIDMD

SUBJECT : Investigation Report re Complaint of Mc Mun Favor Masa

of Rizal, Cagayan
DATE : August 14, 2020

1. References:
a. Memorandum from DIDM with subject: Complaint Against PSSg
Harvito B Fieror, et al. for Alleged Grave Misconduct dated July 21, 2021.

b. Letter from DILG Secretary Eduardo M. Año dated July 21, 2021.

c. Indorsement from the Office of the Ombudsman dated March 1, 2021.

2. This pertains to the Indorsement from Secretary EDUARDO M. AÑO,

DILG, referring the letter from Assistant Ombuds-Proper, Pilarita T. Lapitan, Office of
the Ombudsman, forwarding the letter complaint of Mc Mun Favor Masa of Barangay
Baluncanag, Rizal, Cagayan against PCpl Jervis B Fieror, PCpl Dave R Dela Cruz of
Police Regional Office 2 and PSSg Harvey Dela Cruz of the Philippine National
Police Special Action Force for alleged Grave Misconduct.

3. The complaint of Mc Mun Favor Masa are as follows:

a. On April 7, 2020, Romualdo Dela Cruz invited him to his place in
Barangay Dungan, Rizal, Cagayan. Romualdo said to him that he
wanted to have a drinking spree with him as Romualdo wanted to
talk with him about his relationship with his daughter;

b. He did not want to drink at that time because of the

implementation of the liquor ban, but Romualdo insisted and said
there would be no problem because they have police officers
referring to PCpl Jervis B Fieror, PCpl Dave R Dela Cruz, and
PSSg Harvito B. Fieror;
c. Since he did not want to disappoint Romualdo as he already know
of his disappointment against him because he could not provide a
lavish wedding for Romualdo’s daughter, he was compelled to
accede to Romualdo’s request to join them in drinking;

d. In the said drinking session, PCpl Jervis B Fieror, PCpl Dave R

Dela Cruz and PSSg Harvey Dela Cruz and other relatives of
Romualdo namely Jomar, Oliver, and Vilmar were present;

e. Prior starting the drinking spree, he again asked if they would not
be in trouble for violating the liquor ban, to which PCpl Jervis
answered “WALANG LIQUOR – LIQUOR BAN SA AMIN. KAMI
ANG BAHALA, ANO PA AT NAGING MGA PULIS KAMI KUNG
HINDI NAMING KAYA YANG LIQUOR BAN;”

f. While drinking, he felt the hostility, as PCpl Jervis B Fieror, PCpl

Dave R Dela Cruz, and PSSg Harvey Dela Cruz and the others
kept pushing him and asking him when would he marry
Romualdo’s daughter. He just kept telling them that he is still
earning for funds;

g. He also noticed that they were alternately asking him to drink a

glass of liquor, as if they wanted him to get drunk and pass out.
While drinking, he noticed that PCpl Jervis B Fieror, PCpl Dave R
Dela Cruz, and PSSg Harvey Dela Cruz whispering among
themselves and looking at him suspiciously. They were also
holding their hand gun while alternately staring at him;

h. Around 11:00 PM, he already asked permission to go home. All of

a sudden, PCpl Jervis B Fieror, PCpl Dave R Dela Cruz and PSSg
Harvey Dela Cruz together with all other persons present in the
said drinking spree, acting together, pinned him down and
simultaneously punched him on the face and other parts of his
body. He even felt a hard metal like gun hit him in the face and
other body parts;

i. He tried his best to resist and he was able to run, PCpl Jervis B
Fieror, PCpl Dave R Dela Cruz, and PSSg Harvey Dela Cruz ran
after him and fired several gunshots towards him. He was lucky
enough to have not been hit by any of the bullets fired at him;

j. He hid beside the river covering himself with leaves. While hiding,
he saw PCpl Jervis B Fieror, PCpl Dave R Dela Cruz, and PSSg
Harvey Dela Cruz fire shots at the river and even said “SINABI KO
NA KASING PATAYIN NA NATIN KANINA, PINABAYAAN PA
NATIN MAKATAKBO.” He heard one of them said, “HANAPIN NA
NATIN AT PATAYIN NA NATIN;”

k. It took him almost an hour hiding since PCpl Jervis B Fieror, PCpl
Dave R Dela Cruz and PSSg Harvey Dela Cruz never left the river
 side. He again heard PCpl Jervis B Fieror, PCpl Dave R Dela
Cruz, and PSSg Harvey Dela Cruz say “HINDI BALE SA
SUSUNOD HINDI NA MAKAKALUSOT YAN, PAPATAYIN NA
NATIN YAN. HINDI MASASAYANG ANG NAPAGPLANUHAN
NATIN.” Thereafter, PCpl Jervis B Fieror, PCpl Dave R Dela Cruz,
and PSSg Harvey Dela Cruz left;

l. When PCpl Jervis B Fieror, PCpl Dave R Dela Cruz, and PSSg
Harvey Dela Cruz left, he went home to his parents place and the
following day, he caused the same to be reported to the police
authorities;

m. He was also subjected to Medical Examination and thereafter, he

filed a complaint before the barangay against PCpl Jervis B Fieror,
PCpl Dave R Dela Cruz, and PSSg Harvey Dela Cruz; and

n. No amicable resolution was reached at the barangay and thus, a

Certificate to File Action was issued to him.

4. On August 4, 2021, investigator of this Office was able to contact PCpl

Dave R Dela Cruz who was presently assigned at Regional Mobile Force Battalion 2.
PCpl Dela Cruz during inquiry informed the investigator that they already submitted
their Joint-Counter Affidavit to the Provincial Prosecutor’s Office, Carig, Tuguegarao
City together with the affidavits of their witnessess, RTC Certificate, certificate issued
by Rizal PS, Copy of the Barangay Blotter including the affidavit of the wife of
complainant Mc Mun Favor Masa. He then submitted the said documents to this
office as basis in the conduct of investigation.

5. Perusal on the submitted affidavits and other documents disclosed

otherwise. No other than the wife of the complainant affirmed that said policemen
were not present during the drinking session on the night of April 7, 2020, either
were they seen involved in the commotion on that same night. Contrary to the
allegation of the complainant, it was him and Jomar R Lana engaged into a fistfight
and not the policemen. This statement was also affirmed by the complainant father-
in-law named Romualdo dela Cruz.

6. As to the alleged discharge of firearm by the policemen, Barangay Captain

Virgilio C Ramirez of Brgy. Dunga, Rizal, Cagayan, in his affidavit, stated that he
never heard any gunfire in his area of jurisdiction nor received report coming from his
Barangay Officials and Tanods or any policemen in the locality on the night of April
7, 2020. Instead, what was reported by Mc Mun Masa to the barangay pertains only
to the alleged commotion and never mentioned about the gunfire.

7. Considering that a complaint of grave misconduct and conduct prejudicial

to the best interest of the service were already filed at the Provincial Prosecutor’s
Office, Carig, Tuguegarao City and that PCpl Jervis B Fieror, PCpl Dave R Dela
Cruz are not personnel of this office, jurisdiction over their persons cannot possibly
be acquired by this Disciplinary Authority.

9. For information.
EMIL A TUMIBAY
Police Colonel

Approved/Disapproved

STEVE B LUDAN
Police Brigadier General
Regional Director
______________
Date of Approval